My husband is Dependant of His daughter

[amerisian 5]

Hi to all,

I really need your advice.

Me and my husband plant to start the visa process this year and we try to fix his tax return above all, also for the affidavit of support purposes.

He has a daughter on his first wife.(she is divorced , no children. She message to my husband last few weeks if it's okey to claim my husband to be her dependant.

On the first place, my husband have no stable job, like work on the company. He will be considered as self-employed. He generate income by doing some painting jobs, car repair,selling stuff on craigslist and any possible work he can do. He called the IRS and stated his job. The IRS said, its not a job its a "hobby". we don't understand either why the IRS called it as hobby. Besides, his income annually qualifies him to be my sponsor for the visa.

We were considering his daughter to be a co-sponsor in any case.

The question is: If my husband be a Dependant of his daughter, and his daughter will be my sponsor, does it any have negative effect on my visa process? Or has a negative effect in our lives in the future? How does it work?

I am really hoping for your kind reply...

Thank you....

RS

[Samoray 165]

If her income is above poverty guidelines after claiming your husband as a dependent and become a co-sponsor for you then it should be alright

Or maybe he needs to have his own job and can not be a dependent, i am sure someone else will tell you better

Edited March 16, 2011 by Samoray

[George & Gina 29]

Hi to all,

I really need your advice.

Me and my husband plant to start the visa process this year and we try to fix his tax return above all, also for the affidavit of support purposes.

He has a daughter on his first wife.(she is divorced , no children. She message to my husband last few weeks if it's okey to claim my husband to be her dependant.

On the first place, my husband have no stable job, like work on the company. He will be considered as self-employed. He generate income by doing some painting jobs, car repair,selling stuff on craigslist and any possible work he can do. He called the IRS and stated his job. The IRS said, its not a job its a "hobby". we don't understand either why the IRS called it as hobby. Besides, his income annually qualifies him to be my sponsor for the visa.

We were considering his daughter to be a co-sponsor in any case.

The question is: If my husband be a Dependant of his daughter, and his daughter will be my sponsor, does it any have negative effect on my visa process? Or has a negative effect in our lives in the future? How does it work?

I am really hoping for your kind reply...

Thank you....

RS

I'd suggest consulting a tax accountant or a lawyer, but I believe it may be ILLEGAL to claim someone who does not live in the same household and whom you do not support as a dependent on your income taxes. He should probably file his own tax return claiming all of his income and business deductions, and you as his wife. This will show that he has the required income for the AoS and filing joint with you will likely reduce his tax obligation.

George

Edited March 16, 2011 by George & Gina

[amerisian 5]

I'd suggest consulting a tax accountant or a lawyer, but I believe it may be ILLEGAL to claim someone who does not live in the same household and whom you do not support as a dependent on your income taxes. He should probably file his own tax return claiming all of his income and business deductions, and you as his wife. This will show that he has the required income for the AoS and filing joint with you will likely reduce his tax obligation.

George

Hi George,

Thank you for the reply. I will forward your reply to my husband. I am still here in the Philippines. When we check the form for tax return, it does need a SSN number of a wife which I don't have. Is it okey, if he will file as single, instead of married? He got an income out of selling stuff and some painting jobs but the IRS considered it as a "hobby" not an Income. That's why, it's kind of confusing...

[George & Gina 29]

Go ahead the read this thread....

http://www.visajourn...of-the-country/

and refer to IRS publication 529 (especially pages 10 and 26)

http://www.irs.gov/p...rs-pdf/p519.pdf

Also be sure to read the actual instructions for the form W-7, the most difficult part may be getting a "certified" copy of your passport.

George