Povert Line Question

[SCRUBZ71 1]

I had my daughter listed as a dependent on last years tax return because she lived with me up until July and then moved out. Are they gonna consider her as a dependent when I give a copy of this on my affidavit of support and add her to my list of dependents that I use to determine how much I need to earn based on the 125% Poverty Line?

She no longer lives with me and supports herself now!

[Kiki ElSharif 0]

I had my daughter listed as a dependent on last years tax return because she lived with me up until July and then moved out. Are they gonna consider her as a dependent when I give a copy of this on my affidavit of support and add her to my list of dependents that I use to determine how much I need to earn based on the 125% Poverty Line?

She no longer lives with me and supports herself now!

You have to list all dependents under the age of 21 that you are responsible for legally...hope that helps with your question

[SCRUBZ71 1]

You have to list all dependents under the age of 21 that you are responsible for legally...hope that helps with your question

I am uncertain as to what the USCIS would use to determine if I am responsible for her. She no longer lives here and has not for over a year. She also receives assistance from the state of NH for food which may show right there that she is responsible for herself..

I need to find out for sure before filing..

[JimVaPhuong 4,863]

I had my daughter listed as a dependent on last years tax return because she lived with me up until July and then moved out. Are they gonna consider her as a dependent when I give a copy of this on my affidavit of support and add her to my list of dependents that I use to determine how much I need to earn based on the 125% Poverty Line?

She no longer lives with me and supports herself now!

It depends on how old she is. Presuming there's no court order that requires you to support her until a certain age, your legal obligation to support her ends when she turns 18. However, you can continue to claim her as a dependent on your taxes through the year she turns 19, unless she's a full-time student or she's disabled.

CO's tend to go overboard when it comes to determining the household size. If someone is living in your home then they often presume that person should be included in your household size, even if you don't actually support them. If someone is listed on your tax return as a dependent they often presume that person should be included in your household size, even if they no longer live with you and you don't intend to claim them as a dependent anymore. You can leave your daughter off of the affidavit of support, and even explain that you won't be claiming her as a dependent anymore, but the CO is free to interpret the evidence any way they choose to see it. They may choose to include her anyway because you claimed her on your last tax return.

If you've still got a few months until the interview then you might want to get your 2011 tax return filed as soon as you get your employer forms in January.

...one moment... I see you've posted an update.

I am uncertain as to what the USCIS would use to determine if I am responsible for her. She no longer lives here and has not for over a year. She also receives assistance from the state of NH for food which may show right there that she is responsible for herself..

I need to find out for sure before filing..

Which affidavit of support are we talking about? Is this the I-134 for a K1 visa, or the I-864 for an immigrant visa or adjustment of status?

Anyway, if she's receiving public assistance then she is clearly not supporting herself. The state is supporting her.

[Anh map 2,098]

I am uncertain as to what the USCIS would use to determine if I am responsible for her. She no longer lives here and has not for over a year. She also receives assistance from the state of NH for food which may show right there that she is responsible for herself..

I need to find out for sure before filing..

Anyone claimed as a dependent on your most recent federal tax return is included in your household count regardless of their age, whereabouts. Typically the adjudicating officer is comparing the household size claim with the number of dependents claimed on the tax return.

[SCRUBZ71 1]

It depends on how old she is. Presuming there's no court order that requires you to support her until a certain age, your legal obligation to support her ends when she turns 18. However, you can continue to claim her as a dependent on your taxes through the year she turns 19, unless she's a full-time student or she's disabled.

CO's tend to go overboard when it comes to determining the household size. If someone is living in your home then they often presume that person should be included in your household size, even if you don't actually support them. If someone is listed on your tax return as a dependent they often presume that person should be included in your household size, even if they no longer live with you and you don't intend to claim them as a dependent anymore. You can leave your daughter off of the affidavit of support, and even explain that you won't be claiming her as a dependent anymore, but the CO is free to interpret the evidence any way they choose to see it. They may choose to include her anyway because you claimed her on your last tax return.

If you've still got a few months until the interview then you might want to get your 2011 tax return filed as soon as you get your employer forms in January.

...one moment... I see you've posted an update.

Which affidavit of support are we talking about? Is this the I-134 for a K1 visa, or the I-864 for an immigrant visa or adjustment of status?

Anyway, if she's receiving public assistance then she is clearly not supporting herself. The state is supporting her.

I have not filed yet so it would be the I-134..As for who's supporting her, the state of herself? that does not matter the point would be that I am not.