VA Disability Benefits and Common I-864 RFE: A Comprehensive Guide

By Richard T. Herman, Esq., Immigration Lawyer with 30+ Years Experience

When applying for a green card through a family member, the Form I-864, Affidavit of Support, is a critical document. Any errors or omissions can trigger a Request for Evidence (RFE) from USCIS. Common mistakes in documentation or misunderstanding the requirements often lead to RFEs and unnecessary delays in the immigration process.

At Herman Legal Group, we have helped thousands of clients respond to I-864 RFEs and avoid pitfalls, drawing on decades of combined years of attorney experience. Understanding the immigration process and avoiding common mistakes is essential for a successful outcome.

Introduction: The Overlooked VA Income Problem

For thousands of U.S. veterans sponsoring a spouse or family member for a green card, VA disability benefits are a lifeline—steady, reliable, and federally guaranteed. These benefits are tax-free income that is accepted by USCIS for the purposes of Form I-864. However, USCIS accepts only permanent veteran income for the purpose of the Affidavit of Support. Yet when these benefits appear on the Affidavit of Support (Form I-864), they often trigger a Request for Evidence (RFE) from USCIS.

Why? Because VA disability compensation is non-taxable and may not appear on IRS transcripts, leaving immigration officers uncertain whether the sponsor meets the 125 percent of the Federal Poverty Guidelines requirement.

Quick Answer: VA disability benefits count as income for Form I-864 if clearly documented with official VA letters and consistent deposit records.

This guide explains exactly how to prove your VA income, avoid RFEs, and respond effectively when one arrives—backed by law, policy, and years of attorney experience.

Understanding the I-864 Affidavit of Support

The Affidavit of Support is required under INA § 213A and 8 U.S.C. § 1183a. (The Affidavit of Support is governed by the Immigration and Nationality Act (INA) and the Nationality Act, which together establish the legal framework for sponsorship requirements in U.S. immigration law.) It legally binds the financial sponsor to support the intending immigrant so that person does not become a public charge. Form I-864 is a legally binding contract between the financial sponsor and the U.S. government. The financial sponsor is obligated to support the immigrant financially for up to approximately 10 years after the immigrant receives a green card. The financial sponsor must sign Form I-864, making a legally binding commitment to support the immigrant. Form I-864 remains valid indefinitely once submitted unless evidence of failure to meet the poverty guidelines appears.

Financial sponsors must demonstrate income at or above 125 percent of the Federal Poverty Guidelines for their household size. Income types that can be included in Form I-864 consist of taxable and non-taxable sources. USCIS evaluates sufficient annual income based on the past three tax years and current employment income.

Income That Counts

• Wages, salaries, and self-employment income
• Pension and retirement income
• Social Security benefits
• Unemployment compensation
• VA disability compensation
• Consistent alimony or child support
• Other benefits (such as workers’ compensation, life insurance proceeds, or legal settlements) if they are regular and can be documented

Income That Does Not Count

• Temporary cash assistance (TANF, SSI)
• Non-earned benefits like SNAP or Medicaid
• Food stamps
• One-time gifts or windfalls

What Is VA Disability Compensation?

VA disability compensation is a tax-free monthly payment to veterans with service-connected disabilities. The amount depends on the disability rating and number of dependents. See VA.gov for full tables.

These benefits are tax-free income that is accepted by USCIS for the purposes of Form I-864. VA disability compensation is considered tax exempt and does not require tax payments, which is why it may not appear on your tax returns.

Because these payments are not taxable, many veterans omit them from tax filings. However, USCIS does recognize VA compensation as qualifying income when you can prove its continuity and source.

Snippet Callout: USCIS does not automatically exclude VA disability pay. The key is proving that it is regular, documented, and permanent.

Why USCIS Issues RFEs for I-864 with VA Benefits

Even though the law allows it, many sponsors receive an RFE because the immigration officer cannot verify the income source. The immigration officer is responsible for reviewing the evidence and determining if the affidavit is sufficient. An insufficient affidavit—one that does not meet the required income or asset thresholds—can result in denial or delay of the immigration application. An RFE is issued by USCIS when they require additional documentation to make a decision on an immigration application. Common reasons include: If USCIS requests income information in an RFE, it is advisable to provide recent pay stubs, an employment letter, and past tax returns.

1. VA income not listed on IRS transcripts
2. Missing VA award letter or bank proof
3. Inconsistent names between VA records and I-864
4. Ambiguity over temporary versus permanent benefits

Typical RFE language reads:

“Submit evidence showing that the sponsor’s claimed VA disability compensation is current, continuous, and likely to continue indefinitely.”

In short, the burden is on you to connect the dots between your VA letters, deposits, and I-864 claims.

Role of Family Members in the I-864 Process

Family members are at the heart of the I-864 process, as they are often the individuals seeking lawful permanent residence through family-based immigration. The sponsor—usually a U.S. citizen or lawful permanent resident—must demonstrate the ability to provide financial support to the family member applying for a green card. This is done by meeting or exceeding the federal poverty guidelines, which are determined by the total household size, including the sponsor, the intending immigrant, and any other dependents.

In some cases, family members themselves can help meet the income requirement. For example, if the spouse or child of a U.S. citizen or lawful permanent resident is employed, their income or retirement benefits may be counted toward the household’s total annual income, provided they are living in the same household and willing to sign Form I-864A, the Contract Between Sponsor and Household Member. This can be especially helpful when the sponsor’s income alone does not reach the required threshold.

Family members may also contribute assets—such as savings, property, or other financial resources—to help satisfy the poverty guidelines. Accurate documentation is essential: pay stubs, bank statements, and proof of retirement benefits should be included to verify all sources of income and assets. Incomplete or inaccurate information can lead to delays, requests for additional evidence, or even denial of the green card application.

Understanding each family member’s role and responsibilities in the I-864 process is crucial for a smooth immigration journey. Providing thorough and truthful information helps ensure that the application meets all requirements and avoids common pitfalls.

Immigrant Visa Application: Where the I-864 Fits

Form I-864 is a cornerstone of the immigrant visa process for family-based applicants. After the initial petition is approved, the National Visa Center (NVC) collects the required forms and supporting documents before forwarding the case to the appropriate U.S. Embassy or Consulate for the immigrant visa interview. At this stage, the I-864 Affidavit of Support is submitted as part of the application package.

The consular officer will carefully review the I-864 form, along with supporting evidence such as tax returns, bank statements, and proof of income, to determine whether the sponsor meets the income requirements set by the federal poverty guidelines. If the sponsor’s income is insufficient, assets like a bank account balance or property equity can be used to bridge the gap. In situations where the sponsor’s financial resources still fall short, a joint sponsor may be brought in to provide additional financial support, ensuring the intending immigrant will not become a public charge.

It’s important to prepare a complete and well-documented application, as missing or unclear financial evidence can result in delays or denials. Working with an experienced immigration attorney can help applicants navigate the complexities of the immigrant visa process, from gathering the right bank statements to understanding the role of joint sponsors and ensuring all requirements are met for a successful outcome.

Green Card Holder’s Obligations After Approval

Once a green card is approved, both the sponsor and the green card holder take on important responsibilities. The sponsor remains legally obligated to provide financial support to the green card holder, ensuring they do not become primarily dependent on public benefits. This obligation continues until the green card holder becomes a U.S. citizen, has worked for 40 qualifying quarters, leaves the United States permanently, or passes away.

For green card holders, maintaining lawful permanent resident status means more than just living in the U.S. They are expected to become self-sufficient as soon as possible, comply with all federal, state, and local laws, and file tax returns annually. Reporting any changes in address or employment is also required to maintain legal status. If a green card holder receives public benefits, the sponsor may be required to reimburse the government for those costs.

Understanding these obligations is essential for both sponsors and green card holders to avoid jeopardizing immigration status or facing financial liability. If there are any questions or concerns about compliance, seeking advice from a qualified immigration attorney can help ensure that both parties fulfill their responsibilities and protect their legal status in the United States.

How to Prove VA Disability Income for the I-864

To satisfy USCIS, build a three-layer evidence package showing:

1. Official VA Verification

• [LINK 1]
• VA Form 21-8947 (Payment History) or VA Form 21-8764 (Benefit Explanation)

2. Financial Proof

• Three to six months of bank statements showing regular VA deposits into the sponsor’s bank account
• Letter from your bank verifying direct deposit origin

3. IRS Compliance (when applicable)

• Filed tax return or IRS Verification of Non-Filing Letter

Supporting documentation for an RFE response should include bank statements, employment letters, and any relevant tax forms.

1. Official VA Verification

• VA Benefits Summary or Award Letter
• VA Form 21-8947 (Payment History) or VA Form 21-8764 (Benefit Explanation)

2. Financial Proof

• Three to six months of bank statements showing regular VA deposits into the sponsor’s bank account
• Letter from your bank verifying direct deposit origin

3. IRS Compliance (when applicable)

• Filed tax return or IRS Verification of Non-Filing Letter

Visual Checklist — I-864 VA Income Proof

Combining VA Disability with Other Income

If your VA compensation alone is below the poverty threshold, you can supplement it with:

• Household member income (from a working spouse or adult child), which can be used to meet the Poverty Guidelines if the petitioner doesn’t have enough income.
• Assets (cash, savings, property equity)
• Joint sponsor’s income

The sponsor’s income is the primary basis for meeting the poverty guidelines, but it can be supplemented with household member income, assets, or a joint sponsor’s income as described above. If the primary sponsor’s income and assets are still insufficient to meet USCIS requirements, additional sponsors may be necessary to fulfill sponsorship obligations.

Sample Calculation (2025 Guidelines)

Assume a household of two: 125 percent of the poverty level = $25,550.

If the combined income is below the threshold, you can add assets valued at five times the shortfall. The total net value of assets must equal five times the difference between the sponsor’s income and 125% of the poverty level. Sponsors of spouses and children only need to prove assets at three times the difference between the poverty guidelines and actual household income. Obtaining a better job or more stable employment can also help sponsors meet the income requirements for Form I-864. See USCIS I-864 Instructions.

Responding to a VA-Income RFE: Step-by-Step

1. Read the RFE carefully. Note specific documents requested and the deadline (usually 87 days).
2. Collect fresh VA evidence — updated award letters and bank proof.
3. Write a clear cover letter explaining the income and how it meets the guidelines. Submitting a cover letter with the RFE response clarifying the situation and outlining the income can aid in understanding by USCIS.
4. Assemble and label documents in logical order.
5. Submit electronically if available or by trackable mail. It is essential to provide adequate evidence of a sponsor’s income to prevent an RFE from being issued.

Note: Providing adequate documentation is crucial for a successful status application, such as adjustment of status (Form I-485). Proper documentation, including the Affidavit of Support (Form I-864), helps avoid further delays and ensures your status application is not denied due to insufficient evidence.

Pro Tip: Include a short letter stating that VA disability compensation is a federal, non-taxable, and permanent benefit—backed by the U.S. Department of Veterans Affairs.

Case Examples: Approved vs. Denied

Case A — Approved

A veteran sponsoring his spouse submitted:

• VA award letter with $2,000 monthly benefit
• Six months of bank statements
• IRS Non-Filing Letter
• Explanation of permanent 100% disability

Outcome: Approved without further delay. Officer accepted non-taxable VA income.

Case B — Denied

A veteran claimed $1,500 VA income but submitted no documentation. He did not respond to the RFE.
Outcome: I-864 rejected; case delayed until joint sponsor was added.

How Attorneys Strengthen I-864 VA Cases

Experienced immigration attorneys play a critical role in veterans’ sponsorship cases by:

• Preparing custom RFE response packets with legal citations
• Drafting cover letters citing USCIS Policy Manual Vol. 12 Part G
• Advising on joint sponsor or asset strategies
• Avoiding unnecessary delays and misunderstandings

If you receive an RFE, seek legal guidance early from a qualified immigration lawyer familiar with both VA and USCIS systems. Learn more through the Herman Legal Group Affidavit of Support Guide.

Please note: Reading this article does not create an attorney client relationship. For advice tailored to your specific situation, consult directly with a qualified immigration attorney.

Key Legal Sources and Policy References

Frequently Asked Questions

Does VA disability count as income on Form I-864?

Yes. USCIS accepts VA disability compensation as income when properly documented through official letters and bank records.

Why did I get an RFE if I listed VA income?

Because VA income does not appear on tax returns, officers cannot verify it without additional proof.

What if my VA income alone is below the poverty threshold?

Add a joint sponsor or combine with household income or qualifying assets.

Can I use assets instead of income?

Yes—multiply the income shortfall by five to calculate required asset value (three times for spouse sponsorship).

What documents should I submit with my RFE response?

VA award letter, bank proof, IRS non-filing letter, and a concise cover letter explaining the non-taxable nature of VA benefits.

Key Takeaways

• VA disability benefits count as income for the I-864 Affidavit of Support if clearly proven.
• Always include a VA award letter and bank deposit proof.
• Expect an RFE if VA income is missing from tax returns.
• Combine VA income with household income or assets when needed.
• Respond to RFEs promptly and professionally with organized documentation.
• These steps are crucial for protecting and supporting immigrant families throughout the sponsorship process.
• Seek help from an experienced immigration attorney if your VA income is complex or unverified.

Author Bio / Profile

Richard T. Herman, Esq. is a nationally recognized immigration lawyer with more than 30 years of experience representing individuals, families, and businesses worldwide. He is the founder of the Herman Legal Group, a multilingual team serving clients in over 10 languages, and co-author of the book Immigrant, Inc. — a celebration of how immigrants revitalize America through innovation and entrepreneurship.

Connect with Richard on his bio page or schedule a consultation here.