which form to use for AOS?

[muskan4eva 0]

i've asked this question in so many places but haven't received any response yet.

i really need ur help guys.

ok so i'm currently living with my parents and my brother recently got married, doesn't live with us but still supports us and i'm claimed dependent under his tax returns for last 2 yrs.

he's going to be my joint sponsor. which form should he fill out and which one should i be filling out???

[pushbrk 12,569]

i've asked this question in so many places but haven't received any response yet.

i really need ur help guys.

ok so i'm currently living with my parents and my brother recently got married, doesn't live with us but still supports us and i'm claimed dependent under his tax returns for last 2 yrs.

he's going to be my joint sponsor. which form should he fill out and which one should i be filling out???

You each fill out and sign an I-864.

[muskan4eva 0]

so on my 1864, i include me and my spouse(beneficiary) =2 household members

and what about my brother? is he going to include 3, himself, his wife and my husband as household members?

[muskan4eva 0]

Who May Be Considered a "Household Member" for Purposes of This Form?

1. A relative who has the same principal (physical) residence as the sponsor and is related to the sponsor as a spouse, adult child, parent, or sibling;

2. A relative or other person whom the sponsor has lawfully claimed as a dependent on the sponsor's most recent Federal income tax return even if that person does not live at the same residence as the sponsor;

doesn't the 2nd one apply to me. my brother claims me dependent on his form and doesn't live with me. ?? i forgot to mention that i'm doing temp job which started 2 months ago and will end next month. i dont file taxes.

Edited April 5, 2010 by muskan4eva

[bobby_kvisa 7]

I think you are not reading this right. #2 is from the perspective of the sponsor (which I assume is you). If someone claimed you as a dependent on their individual return, it is not the same as you claiming them as a dependent.

Also if you have NOT filed taxes that is a potentially BIG problem. Again I assume you are the sponsor, so in order to sponsor someone you must show proof of income to get the CR-1 visa, including historical income via your tax returns.

You can see a post here similar to your questions regarding taxes, but more to your point of not having filed taxes. http://www.visajourney.com/forums/topic/250193-ive-been-a-bad-girl/

Edited April 5, 2010 by bobby_kvisa

[sachinky 464]

Both will file a I-864.

Your household size will be 2.

Your brother's will be him, your husband, his spouse/kids, and you, if you are indeed claimed on his tax returns.

I'm sure someone will correct this if it's wrong.

[pushbrk 12,569]

Both will file a I-864.

Your household size will be 2.

Your brother's will be him, your husband, his spouse/kids, and you, if you are indeed claimed on his tax returns.

I'm sure someone will correct this if it's wrong.

Yep.

[muskan4eva 0]

thanx guys really appreciate ur responses.

and the reason i haven't filed taxes was because i wasn't eligible to. i wasn't making much. i recently graduated from college. doing a temp untill i find a full time job.

is there going to be a problem if i have zero income listed in my I864?

should i list my temp job eventhough its ending in a month or so? and income as zero

[bobby_kvisa 7]

Here is the information you are looking for taken from point #25 of the I864 instructions:

If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation.

[muskan4eva 0]

can i attach my w2's from previous jobs and check stubs from the temp job i'm doing right now? is this going to be enough? written explanation like what..

[trailmix 77]

If you only made a small amount of money, there is no need to attach the W2s as they won't carry any weight. If you were not required to file, you just have to state that and why.

The written explanation would be something along the lines of:

I did not file a return for 07,08 or 09. I was a student and in 2007 and 2008 and had zero income and in 2009 my income was $2000.00, which is under the filing threshold.

If you are sure you are under the threshold for each year, no problem. If you are not sure, look at the 1040 instructions for each year. In the instructions for each year it tells you what the cutoff is. For instance if you filed single in 2007, the cutoff is $8750.00

Edited April 6, 2010 by trailmix

[muskan4eva 0]

thank u guys i think u guys just saved me by getting a future RFE lolz. i didn't think of including an explanation along with I864 about not making enough money.

thanx once again