I 864 and past tax statements

[sowfamily 0]

I have a question regarding Immigration and Taxes.

I was married June 24 to my Senegalaise husband and am filing the I-130 for him now. I have begun to gather the info for my affidavit of support.

My past history:

I was previously married and my divorce decree was finalized early this year 2010 after a 5 year separation. I lived alone supporting myself as a teacher, yet I still filed my taxes with my ex husband. My ex claims his elderly mother whom he cares for as a dependent. We are in the process of filing our 2009 taxes jointly now (all be it late) since we were still considered married in 2009.

My question:

Is it putting things at risk to still file my 2009 taxes with my ex husband? It is legal and lucrative but I'm not sure how it will fit in with my petition when the G-864 comes around. If I do file with him, how can I clarify that his mother is no longer a dependent under my financial umbrella (since they do ask about dependents per question #21e)and that he is not a factor in my annual income?

I have been independant for several years and hope to convey that I am responsible for the support of my new husband.

I would appreciate any help or direction you can give me in order to resolve my concerns.

[missads 59]

I'm not an expert in this area by any means, but I can tell you what I would do if I were in your situation.

1. Your tax filing decision should be *independent* of your immigration petition. Don't let one influence the other.

2. Since your divorce was finalized in 2010, you could still legally file jointly for 2009. Btw, you best file your taxes ASAP (singly or jointly) because the NVC will ask for your tax transcripts for 2009 in a few months time, when the I-130 is approved by the USCIS (about 5 months from date of application).

3. In the I-130 be honest/accurate about your current number of dependents. Your ex-mother in law is not your dependent after divorce. Don't include her then. Clarify this in the covering letter accompanying your application packet. You will also be including a copy of your divorce decree right? The letter should help explain your situation, accompanied by legal documentation of your divorce.

And for heaven's sake, don't apply for the K-3 unless you like delaying approval by an extra few weeks for no good reason

[LotofPatience 65]

Inline response.

Loto

I have a question regarding Immigration and Taxes.

I was married June 24 to my Senegalaise husband and am filing the I-130 for him now. I have begun to gather the info for my affidavit of support.

My past history:

I was previously married and my divorce decree was finalized early this year 2010 after a 5 year separation. I lived alone supporting myself as a teacher, yet I still filed my taxes with my ex husband. My ex claims his elderly mother whom he cares for as a dependent. We are in the process of filing our 2009 taxes jointly now (all be it late) since we were still considered married in 2009.

My question:

Is it putting things at risk to still file my 2009 taxes with my ex husband? Nope. As of Dec 31, 2009 you were married with him.

It is legal and lucrative but I'm not sure how it will fit in with my petition when the G-864 comes around. You can pull Tax transcripts from IRS for the last 3 years. It is free.

If I do file with him, how can I clarify that his mother is no longer a dependent under my financial umbrella (since they do ask about dependents per question #21e)and that he is not a factor in my annual income? You file I-864 this year. So his mother will not be your dependent.

I have been independant for several years and hope to convey that I am responsible for the support of my new husband.

I would appreciate any help or direction you can give me in order to resolve my concerns.