I-134 Question

[Phallon 0]

Okay here is the question and I don't know if anyone has an answer but here goes.

My middle daughter that is currently living with me turned 18 in October and so therefore I can claim her on my 2005 income tax return. She is getting engaged this month and will probably be moving out and in with her boyfriend so then my household size will go down. This is going to bring my household size down by 1.

How do I handle this when I apply for the Fiance Visa for my Fiance because my 2006 is going to show her on my tax return but by the time we get around to filing the Fiance Visa she will no longer be living with me. How do I explain this?

Would it be better for me to not claim her on my 2006 taxes and forgo the extra refund that I would receive otherwise??? What do I do?

Thanks,

Phallon

BTW we are planning on starting the process in March or April of 2007 so am trying to get all my ducks in a row.

Sorry I'm talking about 2006 income taxes. I can claim her on my 2006 taxes. Should have previewed before I posted.

[1HappyGuy 45]

I would include your daughter on your 2006 taxes and in the documents for your filing. Unless your income is an issue, in that you don't have enough with your daughter included, you should file the best you can for income tax purposes.

If the income is an issue, you can always attach a letter referring to the income and expected change in 2007. You don't need to hurt yourself taxwise just to satisfy the income requirements.

The main point here is to be honest and to claim those tax deductions you are entitled to. Even though your daughter is engaged doesn't mean you can't claim her for 2006.

In my opinion, you need every dime you can get with two weddings planned for 2007 in your family. Good luck.

By the way, I am a tax professional (over 30 years).

[joeyjoey 1]

Phallon,

It should only affect you in so far as the Poverty Guidelines that you must meet when you file the I-134.

At 125% of the guideline limit, for a family of 2, that is $16,500. For a family of 3, that is $20,750. If your income meets these minimums, you have no problem.

2006 Poverty Guidelines

http://travel.state.gov/visa/immigrants/info/info_1327.html

joeyjoey

[Phallon 0]

Thanks for the quick replies,

Yes income is an issue. I was supposed to get a raise but it has yet to happen so am going to try to find a better paying job. Anyways with a family of 3 after I remove my daughter I will make 20,400 just 350 under the minimum requirements but I have a substantial IRA account with almost 1 and a half times that and it assessible if the need arrises although I don't want too but it can be. Now if I get a raise or a better job I should be okay with the income requirements and I do have a co-sponsor lined up just in case and he does meet the income requirements.

Phallon

I would include your daughter on your 2006 taxes and in the documents for your filing. Unless your income is an issue, in that you don't have enough with your daughter included, you should file the best you can for income tax purposes.

If the income is an issue, you can always attach a letter referring to the income and expected change in 2007. You don't need to hurt yourself taxwise just to satisfy the income requirements.

The main point here is to be honest and to claim those tax deductions you are entitled to. Even though your daughter is engaged doesn't mean you can't claim her for 2006.

In my opinion, you need every dime you can get with two weddings planned for 2007 in your family. Good luck.

By the way, I am a tax professional (over 30 years).