questions about filing for parents

[Sassy_Gal 0]

Hi everyone, I need help...Im a little confused:/.. I want to file I-130 for my parents (Im just getting ceremony done for my N400). The question is though.. I dont make enough money to cover my parents... my last 3 years of tax return is filed jointly with my husband... and both we make enough to cover... Does anybody know if I can sign for my parents on the basis of joint tax return or will my husband have to be co-signer?.. I'd rather do it by myself.. thats why trying my best to find the way to sign by myself.

Another question... I want my Mom to come over with her tourist visa (she has 5 year visa) and stay with me.. I was going to file papers for her and my dad and then file adjustment of status for her. ...but today I as told that it would be a big problem for my Dad since he is staying in Ukraine right now... I was told he wouldnt be pprroved for immigrant visa if my Mom goes through adjustment of status.... Does anybody know anything about that???:/.. ...

And the last qeustion is.. how long is immigrant visa valid(once its approved in passport)?.. is it a year or 6 months???...

Im looking forward to getting your, guys, reply!

[TayRivers 4]

Hi everyone, I need help...Im a little confused:/.. I want to file I-130 for my parents (Im just getting ceremony done for my N400). The question is though.. I dont make enough money to cover my parents... my last 3 years of tax return is filed jointly with my husband... and both we make enough to cover... Does anybody know if I can sign for my parents on the basis of joint tax return or will my husband have to be co-signer?.. I'd rather do it by myself.. thats why trying my best to find the way to sign by myself.

Another question... I want my Mom to come over with her tourist visa (she has 5 year visa) and stay with me.. I was going to file papers for her and my dad and then file adjustment of status for her. ...but today I as told that it would be a big problem for my Dad since he is staying in Ukraine right now... I was told he wouldnt be pprroved for immigrant visa if my Mom goes through adjustment of status.... Does anybody know anything about that???:/.. ...

And the last qeustion is.. how long is immigrant visa valid(once its approved in passport)?.. is it a year or 6 months???...

Im looking forward to getting your, guys, reply!

First off welcome. As you dont earn enough to sponsor both your parents what you can do is use your joint income with your husband. What you need to do is, you complete form I-864 and your husband completes form I-864A (houshold member).

Your Mom can not enter the US with the intent of using a tourist visa to adjust her status, that would be visa fraud. You need to file a I-130 for each parent and they will have an interview at the US Embassy in their home country. That will give them a IR-5 visa to enter the US on. There is nothing to stop your Mom from coming to visit you while the I-130 is being processed but she can not enter with the intent to stay.

The IR-5 is valid for 6 months from the date of issue. So your parents can enter the US at anytime during that 6 months.

[Sassy_Gal 0]

What you need to do is, you complete form I-864 and your husband completes form I-864A (houshold member).

thank you so much for your answer!!

when my husband completes I-864A, that means he would be like a joint sponsor for the petition???:/.. the reason why Im so hesitant about getting him to co-sign , becuase we are in not very good position with our marriage right now(we r not getting divorced yet.. but I dont know whats gonna happen with us in nearest future)... What Im concerned about... Will he have any responsobility for my parents in case of divorce?... I dont want him to have anything to do with those papers in case of problems with our marriage!!!!

Anyways ..so my question is ...If my husband signs the from I-864A ... Will he be responsible for anything once my parents have their visa..? ... in other words will he have any "say so" in case he decides to write something to immigration service (complaint or whatever)...?

I'm thinking... actually I have even different quetsion..

HOW would I apply for my paremts on the basis of joint tax return if Im divorced??? do I still need my husband to fill out I-864A??? Or can I do it by myself???? thank you so much for ur help!

[ptrober 0]

HOW would I apply for my paremts on the basis of joint tax return if Im divorced??? do I still need my husband to fill out I-864A??? Or can I do it by myself???? thank you so much for ur help!

The I-864A is not contingent on divorce. If your husband signs it prior to divorce he will still be bound by it even if you divorce (for 10 years or until your parents become citizens). That said, you do not have to be married to be a joint sponsor. If you divorce and he is still willing to help he could be a joint sponsor to help you meet the income requirements. In this case he would complete a full I-864 and not an I-864A. You can ask any legal US resident to be a joint sponsor (family, friend, the mail carrier!)

[Sassy_Gal 0]

soryr for asking 10 times... but..

just to make sure I understand it correct .. I CAN NOT file affidavit of support after divorce based on joint tax return BY MYSLEF without a co-signer....rught? I still would need a co-signer no matter what?!

[ptrober 0]

soryr for asking 10 times... but..

just to make sure I understand it correct .. I CAN NOT file affidavit of support after divorce based on joint tax return BY MYSLEF without a co-signer....rught? I still would need a co-signer no matter what?!

If your personal income (as shown on your W2/1099) is insufficient then you will need a second sponsor irrespective of whether you filed jointly. You cannot claim all income on a joint tax return as yours singularly if it was the combined earnings of yourself and your spouse. Attempting to claim the entire income as your own would be dishonest and fraudulent.

[Gary and Alla 3,694]

Hi everyone, I need help...Im a little confused:/.. I want to file I-130 for my parents (Im just getting ceremony done for my N400). The question is though.. I dont make enough money to cover my parents... my last 3 years of tax return is filed jointly with my husband... and both we make enough to cover... Does anybody know if I can sign for my parents on the basis of joint tax return or will my husband have to be co-signer?.. I'd rather do it by myself.. thats why trying my best to find the way to sign by myself.

Another question... I want my Mom to come over with her tourist visa (she has 5 year visa) and stay with me.. I was going to file papers for her and my dad and then file adjustment of status for her. ...but today I as told that it would be a big problem for my Dad since he is staying in Ukraine right now... I was told he wouldnt be pprroved for immigrant visa if my Mom goes through adjustment of status.... Does anybody know anything about that???:/.. ...

And the last qeustion is.. how long is immigrant visa valid(once its approved in passport)?.. is it a year or 6 months???...

Im looking forward to getting your, guys, reply!

You would combine incomes on the I-864 and I-864a for members of the same household. The tourist visa is valid for 5 years. It doe NOT mean she can stay for 5 years. she will be given an I-94 when she enters which will have an expiration, that is how long she can stay. Typically 90-180 days per visit. You cannot adjust status from a tourist visa, the question is a moot point. You must file an immigrant visa if you want her to stay, same for your father.

Hi everyone, I need help...Im a little confused:/.. I want to file I-130 for my parents (Im just getting ceremony done for my N400). The question is though.. I dont make enough money to cover my parents... my last 3 years of tax return is filed jointly with my husband... and both we make enough to cover... Does anybody know if I can sign for my parents on the basis of joint tax return or will my husband have to be co-signer?.. I'd rather do it by myself.. thats why trying my best to find the way to sign by myself.

Another question... I want my Mom to come over with her tourist visa (she has 5 year visa) and stay with me.. I was going to file papers for her and my dad and then file adjustment of status for her. ...but today I as told that it would be a big problem for my Dad since he is staying in Ukraine right now... I was told he wouldnt be pprroved for immigrant visa if my Mom goes through adjustment of status.... Does anybody know anything about that???:/.. ...

And the last qeustion is.. how long is immigrant visa valid(once its approved in passport)?.. is it a year or 6 months???...

Im looking forward to getting your, guys, reply!

You would combine incomes on the I-864 and I-864a for members of the same household. The tourist visa is valid for 5 years. It doe NOT mean she can stay for 5 years. she will be given an I-94 when she enters which will have an expiration, that is how long she can stay. Typically 90-180 days per visit. You cannot adjust status from a tourist visa, the question is a moot point. You must file an immigrant visa if you want her to stay, same for your father.

soryr for asking 10 times... but..

just to make sure I understand it correct .. I CAN NOT file affidavit of support after divorce based on joint tax return BY MYSLEF without a co-signer....rught? I still would need a co-signer no matter what?!

If your personal income (as shown on your W2/1099) is insufficient then you will need a second sponsor irrespective of whether you filed jointly. You cannot claim all income on a joint tax return as yours singularly if it was the combined earnings of yourself and your spouse. Attempting to claim the entire income as your own would be dishonest and fraudulent.

Not correct. She is speaking of immigrant visas, not K visas. Immigrant visas use the I-864 and can combine incomes from a single houshold on forms I-864 and I-864a

[Gary and Alla 3,694]

soryr for asking 10 times... but..

just to make sure I understand it correct .. I CAN NOT file affidavit of support after divorce based on joint tax return BY MYSLEF without a co-signer....rught? I still would need a co-signer no matter what?!

Read carefully...interpret literally

MEMBERS OF THE SAME HOUSEHOLD can file an I-864 and I-864a(s) to combine their income for the SAME HOUSEHOLD. The words "marriage", "divorce", etc are not in those qualifications. If your husband/ex-husband/milkman/cable guy/whatever guy lives IN THE SAME HOUSEHOLD with you, you can combine incomes. If he does not, you cannot combine incomes and ONE of you must make enough money to support the intending immigrants indivdually.

[Gary and Alla 3,694]

What you need to do is, you complete form I-864 and your husband completes form I-864A (houshold member).

thank you so much for your answer!!

when my husband completes I-864A, that means he would be like a joint sponsor for the petition???:/.. the reason why Im so hesitant about getting him to co-sign , becuase we are in not very good position with our marriage right now(we r not getting divorced yet.. but I dont know whats gonna happen with us in nearest future)... What Im concerned about... Will he have any responsobility for my parents in case of divorce?... I dont want him to have anything to do with those papers in case of problems with our marriage!!!!

Anyways ..so my question is ...If my husband signs the from I-864A ... Will he be responsible for anything once my parents have their visa..? ... in other words will he have any "say so" in case he decides to write something to immigration service (complaint or whatever)...?

I'm thinking... actually I have even different quetsion..

HOW would I apply for my paremts on the basis of joint tax return if Im divorced??? do I still need my husband to fill out I-864A??? Or can I do it by myself???? thank you so much for ur help!

Joint tax return is a statement of past, not present, condition. There is never an obligation for the spouse to be a joint sponsor, regardless of tax situation. IF he is a joint sponsor then YES he will "have something to say" and could withdraw his joint sponsorhip PRIOR TO the AOS being complete or visas issued (as the case may be). IF he is not a joint sponsor then you cannot claim his income and would need to do it yourself or with another joint sponsor. You would not have to expalin anything. A stated before, your marital staust has nothing to do with supporting your parents. If the joint rreturn was your last year's return file it with your AOS and be done with it. No questions asked. The "other person" on the tax return is not sponsoring so there are no questions for him to answer or provide documents for and his income does not count. It is a non-issue.

[Sassy_Gal 0]

Thanks guys!!!

Everything is compeltley clear now! Its great to have such a good forum where u can find really helpful people! Good luck to eveyrbody!

[Kathryn41 3,205]

Thread closed at OPs request