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Do the monetary benefits from Veterans Affairs dept count as income on I-864 form (for the AOS based on marriage)?

Santa Ana, CA |

My Ex-Marine USC wife is receiving monetary benefits from Veterans Affairs department under the Post-9/11 GI Bill. She is sponsoring me for my AOS based on our marriage. Can we attach letter from Veterans Affairs department as a proof that she is getting the above mentioned benefits? Would it be acceptable to USCIS as income to support her alien spouse (i.e. me)?

Attorney Answers 3


  1. Yes it is acceptable as income. Provide a letter from the Department of Veterans Affairs as proof.

    The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.


  2. Of course. But, it it does not meet the 125% of poverty level standard, you may need a co- sponsor.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info


  3. Yes, your wife's monetary benefits from the VA qualify as income on the I-864 affidavit of support. If you still can't meet the income levels, then your wife's assets (real estate, savings account, etc) can be used to try to meet the income levels. If not, then you can obtain a joint sponsor.

    You should consult an attorney re: this situation.

    Sincerely,
    Christy Han Mohan, A Law Corporation
    Immigration Attorney
    19800 MacArthur Blvd., Suite 1000, Irvine, CA 92612
    Phone: 949.222.5900 | Fax: 888.488.6431
    Email: christy@chmlegal.com
    Website: http://www.chmlegal.com

    This is not legal advice, no guarantees/warranties have been made, and no attorney/client relationship has been formed.

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