Need your help

[reecy 2]

Hello VJ's i will like to know if my co-sponsor has not yet filled her 2011 taxes and my interview is scheduled mid next month,will it be fine if i turn in only her W2's and pay stubs? Also what will i have to do to prof that her 18year daughter do not live with her since she is on her previous 2010 tax forms.

[reecy 2]

Hello VJ's i will like to know if my co-sponsor has not yet filed her 2011 taxes and my interview is scheduled mid next month,will it be fine if i turn in only her W2's and pay stubs as prove of income? Also what will i have to do to prove that her 18 year daughter do not live with her since she is on her previous 2010 tax forms?

[EAbbas 213]

Hello VJ's i will like to know if my co-sponsor has not yet filed her 2011 taxes and my interview is scheduled mid next month,will it be fine if i turn in only her W2's and pay stubs as prove of income? Also what will i have to do to prove that her 18 year daughter do not live with her since she is on her previous 2010 tax forms?

They will probably expect to see the tax return she still has time to file and send the copies to the beneficiary. Since it won't be a tax transcript they should include the w2 and anything else showing income. (All copies of course)

As for the daughter, I had to show the same for my son so i got a copy of his bank record showing his address and my apartment lease showing who lives with me along with a copy of his drivers license which also shows the same address as the bank statement.

[kcoyclay1 98]

Co-sponsor should show most recent taxes filed. 2011 tax deadline is April 17; she can show 2010 and paystubs showing she's over the poverty guideline. Regarding her 18 year old, that can be tricky. I think it is based on the age of majority in her state; if the daughter is under the age of majority she should add her. The burden of proof is on her to prove that after the interview she will not file for her as a dependent and that may be hard. I don't believe they will take her word for it. Again, it's about age of majority. Look at the I-864 instructions again to get clarity.

My hubby's kids are 20 and 19 and are working and one is in college.. They do not live with us and his ex-wife declares them as her dependents. however, we had to add them as household members because they are under the age of majority in NY based on the I-864 instructions. All the best.

[kcoyclay1 98]

BTW. You are going for the interview; shouldn't all this have already been sent in? She can't change what she submittd before.

[ceadsearc 516]

Not sure re: the daughter but most recent year must be included for taxes. If you file before 2011 is due you must include 2010 taxes.

[VanessaTony 3,567]

Hello VJ's i will like to know if my co-sponsor has not yet filed her 2011 taxes and my interview is scheduled mid next month,will it be fine if i turn in only her W2's and pay stubs as prove of income? Also what will i have to do to prove that her 18 year daughter do not live with her since she is on her previous 2010 tax forms?

Where the daughter lives isn't relevant. She is her dependant REGARDLESS of where she lives per the I-864 instructions on household size: http://www.uscis.gov/files/form/i-864instr.pdf page 2.

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return...

Also here: http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-101/0-0-0-434.html#0-0-0-1131

(1) In all cases, the household size includes the sponsor, the sponsor's spouse and all of the sponsor's children, as defined in section 101(b)(1) of the Act (other than a stepchild who meets the requirements of section 101(b)(1)(B) of the Act, if the stepchild does not reside with the sponsor, is not claimed by the sponsor as a dependent for tax purposes, and is not seeking to immigrate based on the stepparent/stepchild relationship), unless these children have reached the age of majority under the law of the place of domicile and the sponsor did not claim them as dependents on the sponsor's Federal income tax return for the most recent tax year.

[VanessaTony 3,567]

duplicate

Edited February 22, 2012 by Vanessa&Tony

[Krikit 1,164]

Merging duplicate topics.

[EAbbas 213]

Where the daughter lives isn't relevant. She is her dependant REGARDLESS of where she lives per the I-864 instructions on household size: http://www.uscis.gov/files/form/i-864instr.pdf page 2.

Also here: http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-101/0-0-0-434.html#0-0-0-1131

Vanessa & Tony that isn't quite true... While usually you do have to put the child under 21 on your household size IF they live with you, you claim them on taxes etc.. but if they have reached majority in their place of domicile (for NC it's 18) AND you don't claim them on taxes, don't live with you then no you do not have to include them. Instructions for i864 show this:

21d - Enter the number of unmarried children you have who are under age 21, even if you do not have legal custody of these children. You may exclude any unmarried children under 21, if these children have reached majority under the law of their place of domicile and you do not claim them as dependents on your income tax returns.

[VanessaTony 3,567]

Vanessa & Tony that isn't quite true... While usually you do have to put the child under 21 on your household size IF they live with you, you claim them on taxes etc.. but if they have reached majority in their place of domicile (for NC it's 18) AND you don't claim them on taxes, don't live with you then no you do not have to include them. Instructions for i864 show this:

21d - Enter the number of unmarried children you have who are under age 21, even if you do not have legal custody of these children. You may exclude any unmarried children under 21, if these children have reached majority under the law of their place of domicile and you do not claim them as dependents on your income tax returns.

Where the child lives isn't relevant as long as they're under 21. You are wrong that children under 21 MUST live with the parent in order to be counted in the household count (please read the I-864 instructions and the other link from USCIS I posted). I posted links for people to check for their personal situation (different situations, different answers) but I was responding based on the OP's exact situation.

The rule to determine whether the child is counted is:

1. Is the child over the age of majority for the state they reside in? AND

2. Is the child claimed on the parents tax return? (If yes, then the child counts, if no, the child DOESN'T count)

1. Yes the child IS over the age of majority so you go to #2. The OP DID claim the child on the 2010 taxes which is the most recent tax return. They don't need to prove the child doesn't live with them (this isn't relevant to whether the child is a dependant as I stated previously), they need to prove they don't claim the child on taxes, but they DID in 2010. Meaning the child is counted in the household count.

As you stated above, the child is above the age of majority in their state so would be excluded as long as they didn't also claim the child on taxes. They DID claim the child on the most recent tax return (which is the return they will be submitting to USCIS) and so they need to list the child as a dependant on the I-864.

Again, where the child lives isn't relevant. Proving the child doesn't live with them doesn't prove the child isn't a dependant. They need to file 2011 taxes without listing the child if they want the child removed from the household count (as it's claiming the child in 2010 that makes them a dependant).

Make sense?

Edited February 22, 2012 by Vanessa&Tony

[EAbbas 213]

Where the child lives isn't relevant as long as they're under 21. You are wrong that children under 21 MUST live with the parent (please read the I-864 instructions and the other link from USCIS I posted). I posted links for people to check for their personal situation (different situations, different answer) but I was responding based on the OP's exact situation.

The OP claimed the child on the 2010 taxes which is the most recent tax return. They don't need to prove the child doesn't live with them (this isn't relevant to whether the child is a dependant as I stated previously), they need to prove they don't claim the child on taxes, but they DID in 2010.

As you stated above, the child is above the age of majority in their state so would be excluded as long as they didn't also claim the child on taxes. They DID claim the child on the most recent tax return (which is the return they will be submitting to USCIS) and so they need to list the child as a dependant on the I-864.

Again, where the child lives isn't relevant. Proving the child doesn't live with them doesn't prove the child isn't a dependant. They need to file 2011 taxes without listing the child if they want the child removed from the household count (as it's claiming the child in 2010 that makes them a dependant).

Make sense?

She still has time to file those taxes as i stated in my first post earlier this morning.. they wouldnt be able to include a transcript because it won't be ready but they can include the new 2011 form with the w2's and anything else that shows their income AND shows that the child is no longer claimed on the taxes..

[reecy 2]

Thank you all very much for your responses but this is in reference to the I-134 and not the I-864.

[VanessaTony 3,567]

Thank you all very much for your responses but this is in reference to the I-134 and not the I-864.

So for the K1 visa instead of AOS? In that case your post needs to be moved.

**Edit - either way the I-134 follows the household count info from the I-864 so our posts are still valid.

Edited February 23, 2012 by Vanessa&Tony

[reecy 2]

So for the K1 visa instead of AOS? In that case your post needs to be moved.

**Edit - either way the I-134 follows the household count info from the I-864 so our posts are still valid.

The reason I said this is in reference to the I134 is because someone said that all this information should have been sent in already. I know things are done differently in different countries. In Ghana the sponsor or cosponsor information in reference to their is turned in at the interview. Also when I posted the question I was not given the option to choose a specific topic that I would like the question to be posted under.