Jump to content
Gabe111

I-864 - How to 'end' the support

By Gabe111 in K-1 Fiance(e) Visa Process & Procedures

 Share

19 posts in this topic

Recommended Posts

lovebirds85 Enthusiast

lovebirds85   12

Posted
Filed: K-1 Visa Country: Bulgaria
 Timeline
Posted

So what shall we do then? Write a letter to the IRS and explaining all of the confusion – as my fiance filed the I 864 form he knew that his father will be dependent on him for 10 years.

Hopefully he will be ready to give the money back to the IRS with some interest or penalties …..

Can this cause a denial for our petition? I have his tax return for 2011 and his father is included there – they will see that he has a dependant and that he is not in the USA

I am so worried ……

What shall we do please help is appreciated ….

21/03/2012 - sent 129F to Dallas Lockbox
25/03/2012 - I129F recieved
26/03/2012 - NOA1
24/09/2012 - NOA2 text message
02/10/2012 - NVC left case sent to Bulgaria ;o)
15/10/2012 - Packet 3 recieved
27/10/2012 - Medical exam
29/10/2012 - Interview - APPROVED
25/11/2012 - POE Miami
01/02/2013 - married

AOS
02/01/2013 - AOS sent
02/12/2013 - NOA1 text and email
02/16/2013 - recieved biometrics appointment letter
02/26/2013 - biometrics appointment

08/29/2013 - received notice of potential interview waiver case

10/23/2013 - Interview approved ;o)

11/01/2013 - green card received

event.png

Darnell Grand Master

Darnell   8,479

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

Hi Gabe - what's what? What you decide to do ?

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

JimVaPhuong Veteran

JimVaPhuong   4,863

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

So what shall we do then? Write a letter to the IRS and explaining all of the confusion – as my fiance filed the I 864 form he knew that his father will be dependent on him for 10 years.

Hopefully he will be ready to give the money back to the IRS with some interest or penalties …..

Can this cause a denial for our petition? I have his tax return for 2011 and his father is included there – they will see that he has a dependant and that he is not in the USA

I am so worried ……

What shall we do please help is appreciated ….

File an amended return, and remove his father as a dependent. Keep a photocopy of the amended return, as an IRS tax return transcript would only show the information from the original return. An IRS tax account transcript would show the revised tax figures, but it wouldn't show the line-by-line reason for the changes - it's just a summary. You need a copy of the amended return to show WHY the return was amended.

Filing an I-864 does not make someone your legal dependent for 10 years. It places a limited obligation on you to see that the sponsored immigrant is being supported, and allows the government to seek reimbursement from you in case the immigrant receives means tested public benefits, but it doesn't automatically give you a legal right to claim them as a dependent on your tax return. I signed I-864's for both of my step-kids, so I have all of the legal obligations that go along with that. However, since both of them are now over 18, and neither of them are full time students, I don't get to claim either of them as dependents on my tax return, even though I DO support them. Tax law determines who you can claim as a dependent. The I-864 doesn't change that.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

lovebirds85 Enthusiast

lovebirds85   12

Posted
Filed: K-1 Visa Country: Bulgaria
 Timeline
Posted

Thank you so much for the explanation JimVaPhuong.

So shall now he include his father on the I 134 as dependent as I have my fiance’s tax return and he is included as a dependent for 2011 or shall he correct his tax return and attach the amendment to the tax return.

Please, correct me if I am wrong basically the fact that he has signed I 864 does not mean that the person shall be included as a dependent on the tax forms no matter whether it is ex wife, father or somebody else as far as the person does not live in the same household, works or is not the in USA anymore.

I will really appreciate your help as now we are expecting to receive our NOA2 and we want to prepare all of the required documents.

21/03/2012 - sent 129F to Dallas Lockbox
25/03/2012 - I129F recieved
26/03/2012 - NOA1
24/09/2012 - NOA2 text message
02/10/2012 - NVC left case sent to Bulgaria ;o)
15/10/2012 - Packet 3 recieved
27/10/2012 - Medical exam
29/10/2012 - Interview - APPROVED
25/11/2012 - POE Miami
01/02/2013 - married

AOS
02/01/2013 - AOS sent
02/12/2013 - NOA1 text and email
02/16/2013 - recieved biometrics appointment letter
02/26/2013 - biometrics appointment

08/29/2013 - received notice of potential interview waiver case

10/23/2013 - Interview approved ;o)

11/01/2013 - green card received

event.png

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...