Question about Married Filing Jointly and Affidavit of Support for IR petition

[meblue 5]

Hi,

My USC husband will petition my minor daughter. When we file income tax for 2011, we will file Married Filing Jointly. We will claim his daughter,me and himself. In the affidavit of support the household size is 4 including my daughter. Both of us, our gross income is 35,000. Is it allowed to include my income for the Affidavit of Support? Or we need to file separate? But if we file separate, his income won't make it for a family of 3. I'll appreciate any advice. Thank you.

meblue

[aleful 1,905]

Hi,

My USC husband will petition my minor daughter. When we file income tax for 2011, we will file Married Filing Jointly. We will claim his daughter,me and himself. In the affidavit of support the household size is 4 including my daughter. Both of us, our gross income is 35,000. Is it allowed to include my income for the Affidavit of Support? Or we need to file separate? But if we file separate, his income won't make it for a family of 3. I'll appreciate any advice. Thank you.

meblue

are you a LPR or USC?

[Jojo92122 1,924]

Hi,

My USC husband will petition my minor daughter. When we file income tax for 2011, we will file Married Filing Jointly. We will claim his daughter,me and himself. In the affidavit of support the household size is 4 including my daughter. Both of us, our gross income is 35,000. Is it allowed to include my income for the Affidavit of Support? Or we need to file separate? But if we file separate, his income won't make it for a family of 3. I'll appreciate any advice. Thank you.

meblue

Your husband, the petitioner, files Form I-864, and he needs to figure out what is his income (he does not include your income). You can include you income by filing Form I-864a as a household member. With both forms filed, your combined income is used to determine if the 125% poverty level is met.

Yes, it's silly to list your husband and your income separately when a couple files jointly, but that's that requirement. Tax laws and immigration laws are often not related.

Even if you and your husband file taxes separately, his household count is still 4. He counts his spouse, children, and the intending immigrant. He still counts himself, his child, his wife, and the intending immigrant.

[meblue 5]

are you a LPR or USC?

I'm LPR.

[meblue 5]

Your husband, the petitioner, files Form I-864, and he needs to figure out what is his income (he does not include your income). You can include you income by filing Form I-864a as a household member. With both forms filed, your combined income is used to determine if the 125% poverty level is met.

Yes, it's silly to list your husband and your income separately when a couple files jointly, but that's that requirement. Tax laws and immigration laws are often not related.

Even if you and your husband file taxes separately, his household count is still 4. He counts his spouse, children, and the intending immigrant. He still counts himself, his child, his wife, and the intending immigrant.

He is recieving a disability check and I also got a personal savings, can we include it in our income? Thanks

[Jojo92122 1,924]

He is recieving a disability check and I also got a personal savings, can we include it in our income? Thanks

SSDI can be used as income on the I-864. Your assets can be counted too.

[meblue 5]

SSDI can be used as income on the I-864. Your assets can be counted too.

Thank you so much Jojo92122 for the good advice. I really appreciate it.

[Jojo92122 1,924]

Thank you so much Jojo92122 for the good advice. I really appreciate it.

You're welcome. Good luck with your move to the US.