Can a dependent be a sponsor? I-864

[Nia La Morenita 0]

My husband is here on a visitors visa and he has been here since September we just got married jan.10. I worked 5 jobs last year and my income is above the poverty level but my mom is claiming me on her taxes because I am 18 and I am still in college. If I file single I will end up having to pay full price for tuition. If my mom claims me I pay no money for tuition and I get about 3,000 back for financial aid. I guess my question is can I, being a dependent, sponsor my husband for the I-864. Or should I file my taxes as single, get the Return and later amend my taxes to being a dependent?

[Harpa Timsah 13,258]

Yes, you can sponsor. You also can (and should) file your own taxes and just NOT tick the box that says "no one can claim me as a dependent." Your mother takes the deduction for the equivalent of ticking that box, and you would not. Good luck.

Edit: Next year though, you must file married taxes. There was recently a thread where someone was trying to use this free school trick and didn't file married taxes and they were not approved for citizenship because they lied.

Edited January 28, 2011 by Harpa Timsah

[Nia La Morenita 0]

Yes, you can sponsor. You also can (and should) file your own taxes and just NOT tick the box that says "no one can claim me as a dependent." Your mother takes the deduction for the equivalent of ticking that box, and you would not. Good luck.

Edit: Next year though, you must file married taxes. There was recently a thread where someone was trying to use this free school trick and didn't file married taxes and they were not approved for citizenship because they lied.

So i dont need to click that box? Do you have to file married with next years taxes because you can do married but filing separate or just single right?

[Anh map 2,098]

If you earn above the income threshold then you must file a tax return regardless of age or dependent status. IRS Publication 501 An income of at least $18,387 would require you to file a tax return.

If your parent claims you as a dependent then you cannot claim your personal exemption on your tax return thus giving you a higher taxable income and you paying more in taxes.

[trillium13 84]

So i dont need to click that box? Do you have to file married with next years taxes because you can do married but filing separate or just single right?

Also consider when you have to remove conditions, where married filing jointly will be to your advantage.

[buttercup212 1]

If my mom claims me I pay no money for tuition and I get about 3,000 back for financial aid. I guess my question is can I, being a dependent, sponsor my husband for the I-864. Or should I file my taxes as single, get the Return and later amend my taxes to being a dependent?

You can file under the status of "married filing separately" which allows you to be a dependent (of your parents), and thus get the tuition benefits.