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Need help with i864 Social security benefits not added up in 'adjusted gross income' Please advise

Pasadena, TX |

I am helping a friend (US Citizen) with his wife's visa. She was interviewed at the US embassy in Manila Philippines for the visa. Since his income was insufficient to meet the requirements, embassy asked for a joint sponsor. His uncle is willing to be the joint sponsor, however he is retired and has very little income from a part time job. His main income is from social security benefits (line 20a on returns) but that is not added up in his adjusted gross income (Line 37) It does show on his returns though. My question is on the i864 Part 5 and 6, 13a /b /c what number shall we enter? If we just use the AGI it wont be enough, should we add that and the social security income and put that amount? But that wont match the returns AGI.

Attorney Answers 3


  1. The entire gross income including the social security benefits and employment income. Social Security benefit is ironically considered unearned income. This is why it does not show up on the line. It is counted in for purposes of the USCIS form I864

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.


  2. Yes add the social security income in 13a/b/c.


  3. As mentioned before your Social Security income is not considered "earned" but ALL sources of income should be aggregated for the purpose of establishing the totals for 13a/b/c.

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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