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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted (edited)

I lived with her til Nov. 14 of last year so you claimed me as a dependent.

I'm filing for my wife and step-son, and my aunt makes $48k a year. I think that puts her over the threshold to be a sponsor. she also has her house paid off, and of course other savings if she needs to show assets (which she isn't on the I-864 since she is above the 125%).

and... we were never married. We always claimed single on taxes and other legal documents and never claimed common law, either.

Edited by jace5869
Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

I'm really not sure how she could have, tbh..I feel like I should explain that I really wasn't leeching. I spent the past 5-6 years working and paying for her school (masters) and it was always said that once she got done I could focus more on completing school. Well, turns out she had other plans, and promptly started cheating and lying after completing everything and spending all my money. Oh..and she ended up keeping all the stuff I paid for, too... Oh well..found true love now and way more happy living more simple and with my loving wife and son.

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

Jace,

Again, this is not relevant to the immigration process, but.....

If you did not live the entire 12 months of 2012 with your ex-girlfriend, then her claiming you as a dependent is fraudulent.

Any person, including a boyfriend or girlfriend, can be claimed as a dependent IF 1.) they lived with the taxpayer for the ENTIRE tax year and 2.)they had income under the exemption amount ($3,800 for 2012), and 3.) the taxpayer provided more than 50% of the their support. All 3 conditions must be met (and a few other more obscure requirements) Since you did not live with her for the entire tax year her claiming you as a dependent is fraud. She should immediately file an amended return (1040X) "un-claiming" you and pay the resulting tax difference.

Of course this also means that in prior years if you were supporting her, lived with her the entire tax year, and her income was less than the exemption amount....you should have been claiming her as a dependent. If she qualifies as your dependent in those years, and you did not claim her and could have, then you should file amended returns to get a refund !

Amended returns can be filed for years 2009, 2010, and 2012. (Sorry, Mean Lady, it is too late for 2008 !)

 
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