I-864 - How to 'end' the support

[Gabe111 0]

Because my previous 3 years of taxes were on a 1099 and the total income was adjusted below the poverty line, I am thinking of finding a 'co-signer'.

Obviously, people are not in a rush to cosign for issues that may arise in the future. Also, now I am a W-2 employee making well over the poverty line, but it's not reflected until next years taxes.

So my question is: if I got a 'co-signer', how long does this person remain a person of support? Is there a way to remove them from the affidavit of support in the future (and add myself)? It wouldn't be logical for them to be listed indefinitely.

Thanks!

Edited September 17, 2012 by Gabe111

[Darnell 8,478]

for an I-134, the affadavit of support presented at interview day at an IV unit, it remains in effect 90 days past the Port of Entry Date.

for an I-864, the affadavit of support submitted with an adjustment of status case, it remains in effect for roughly 10 years, or if/when the beeficiary becomes a USCitizen, or if/when the beneficiary is out of the USA without re-entry permit for more than a year (generally)

what's what? I pray you can sense the answer varies, depending on where the casefile is, and what type of casefile it is.

[del-2-5-2014 1,339]

Because my previous 3 years of taxes were on a 1099 and the total income was adjusted below the poverty line, I am thinking of finding a 'co-signer'.

Obviously, people are not in a rush to cosign for issues that may arise in the future. Also, now I am a W-2 employee making well over the poverty line, but it's not reflected until next years taxes.

So my question is: if I got a 'co-signer', how long does this person remain a person of support? Is there a way to remove them from the affidavit of support in the future (and add myself)? It wouldn't be logical for them to be listed indefinitely.

Thanks!

Interesting question.

[TnJ 131]

Because my previous 3 years of taxes were on a 1099 and the total income was adjusted below the poverty line, I am thinking of finding a 'co-signer'.

Obviously, people are not in a rush to cosign for issues that may arise in the future. Also, now I am a W-2 employee making well over the poverty line, but it's not reflected until next years taxes.

So my question is: if I got a 'co-signer', how long does this person remain a person of support? Is there a way to remove them from the affidavit of support in the future (and add myself)? It wouldn't be logical for them to be listed indefinitely.

Thanks!

Gary answered the concern in bold in your other thread. Your tax returns may be a requirement to present with your I-134, but the returns alone do not determine anything other than income stability. Proof of CURRENT income is the primary concern and only requirement to qualify. If you make more than enough at the present time of the interview, provide the pay stubs and employment letter along with any tax returns or other documents that may be consulate specific. The pay stubs and employment letter are usually enough to provide for current income. Bank statements can help as well.

Edited September 17, 2012 by ToddnJessa

[amykathleen2005 441]

Once the beneficiary has a greencard the I-864 cannot end except for the beneficiary becoming a US citizen, working 40 quarters, losing residency or dying.

Edited September 17, 2012 by amykathleen2005

[Love's JAA 100]

Once the beneficiary has a greencard the I-864 cannot end except for the beneficiary becoming a US citizen, working 40 quarters, losing residency or dying.

How do you confirm whether someone has lost residency after they have left the country? My problem is, I filed the 864 for my ex-mother-in-law, whom has returned back to her home country. Now I will be filing for my fiancee'. How do I prove on the new I-864 that I am no longer liable for my ex MIL, since she's left the US for more than 2 years now?

[amykathleen2005 441]

How do you confirm whether someone has lost residency after they have left the country? My problem is, I filed the 864 for my ex-mother-in-law, whom has returned back to her home country. Now I will be filing for my fiancee'. How do I prove on the new I-864 that I am no longer liable for my ex MIL, since she's left the US for more than 2 years now?

I haven't heard of anyone in this situation. Maybe someone else has more experience. However, if she has been gone that long she most likely has lost her residency. According to the I-864 you are no longer responsible if they "no longer have lawful permanent resident status and has departed the US" I would think that your ex MIL would fit this category.

[NigeriaorBust 4,087]

Report the fact you know about the ex MIL including that she has been residing out of the country for 2 years. A number if you still have it. Assume she has given up residency. Let them figure out otherwise.

[Darnell 8,478]

How do you confirm whether someone has lost residency after they have left the country? My problem is, I filed the 864 for my ex-mother-in-law, whom has returned back to her home country. Now I will be filing for my fiancee'. How do I prove on the new I-864 that I am no longer liable for my ex MIL, since she's left the US for more than 2 years now?

in a letter of attestation attached to the I-864 <EOM>

[lovebirds85 12]

Our case is the same - my fiance sponsored his father in 2006 and he got a green card.Anyway he did not like it there and he come back to his country 2 years ago and never come back again in the USA. He is still included as a dependent in my fiance tax returns. Although he has never surrendered his green card as the law requires he has lost his right to enter in the USA. We do not know what to do in order to remove him as a dependent.

[Pinkrlion 2,724]

Our case is the same - my fiance sponsored his father in 2006 and he got a green card.Anyway he did not like it there and he come back to his country 2 years ago and never come back again in the USA. He is still included as a dependent in my fiance tax returns. Although he has never surrendered his green card as the law requires he has lost his right to enter in the USA. We do not know what to do in order to remove him as a dependent.

If your fiance or husband is still claiming his father as a dependent and he is no longer in the US, that is tax fraud.

[JohnR! 5,495]

How do you confirm whether someone has lost residency after they have left the country? My problem is, I filed the 864 for my ex-mother-in-law, whom has returned back to her home country. Now I will be filing for my fiancee'. How do I prove on the new I-864 that I am no longer liable for my ex MIL, since she's left the US for more than 2 years now?

Have her return her greencard at the nearest consulate and officially end her LPR status.

[Tintin and Mike 127]

If your fiance or husband is still claiming his father as a dependent and he is no longer in the US, that is tax fraud.

[lovebirds85 12]

OMG really we did not know that .... so his father must go to the nearest embassy and surrender his green card?

[Love's JAA 100]

OMG really we did not know that .... so his father must go to the nearest embassy and surrender his green card?

Tax law and immigration law are two different things. If his father doesn't qualify as a dependent under the tax law he needs to take him off the tax return, meaning he can't claim a deduction for him. The green card is a different issue. Here's link regarding the tax exemption:

http://thefinancebuff.com/claiming-parent-as-dependent-on-tax-return.html