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Posted

Hi everybody! I have a question about the Affidavit of Support (Form I-864).

I am confusing with the questions in Part 4, Number C. Sponsor's Household Size.

The thing is that I claimed my wife and my daughter as dependents in my tax form.

My wife lived with me in USA and have SSN, my daughter was born abroad an she doesn’t have SSN.

They live abroad now, and I started IR-1/2 process and our petitions I-130 were approved.

But I really don`t know what to do with the questions about household size.

]2. Number of immigrants being sponsored in this affidavit (Include all persons in Part 3. ) - my wife

4. Number of persons who are otherwise dependent on you, as claimed in your tax return for the most recent tax year. - my wife again and my daughter ???? [/color]

Filed: IR-1/CR-1 Visa Country: Kenya
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Posted
Hi everybody! I have a question about the Affidavit of Support (Form I-864).

I am confusing with the questions in Part 4, Number C. Sponsor's Household Size.

The thing is that I claimed my wife and my daughter as dependents in my tax form.

My wife lived with me in USA and have SSN, my daughter was born abroad an she doesn’t have SSN.

They live abroad now, and I started IR-1/2 process and our petitions I-130 were approved.

But I really don`t know what to do with the questions about household size.

]2. Number of immigrants being sponsored in this affidavit (Include all persons in Part 3. ) - my wife

4. Number of persons who are otherwise dependent on you, as claimed in your tax return for the most recent tax year. - my wife again and my daughter ???? [/color]

I don't know about the SSN, but I do know that the instructions says to count anyone that you claimed on your taxes as a dependent (if you look at 21 e on the instruction sheet it verifies this). Also, the instructions refer to any minor child being claimed (21 d in the instructions). Please remember when you count your dependents you need only to count your wife once. So the count would be your wife, daughter and yourself for a total of 3 people according to what you wrote. Also if you go to the USCIS website and look under forms the instruction sheets are there to help you with filling out the form. I hope this helps (F):)

Posted

You may want to talk to a tax advisor to make sure your taxes are right before proceeding too much further.

You can never claim your spouse as your dependent. See IRS Publication 501, where it says in the section on exemptions "Your spouse is never considered your dependent." That publication also talks about who you can claim as a dependent, and the tests which must be met in order to claim that person.

04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

Posted
You may want to talk to a tax advisor to make sure your taxes are right before proceeding too much further.

You can never claim your spouse as your dependent. See IRS Publication 501, where it says in the section on exemptions "Your spouse is never considered your dependent." That publication also talks about who you can claim as a dependent, and the tests which must be met in order to claim that person.

actually, she passed all test requirements, besides residence test to be dependent.

what to do if it`s time to affidavit and my taxes were already filed (2005, 2004 years)?

Posted
You may want to talk to a tax advisor to make sure your taxes are right before proceeding too much further.

You can never claim your spouse as your dependent. See IRS Publication 501, where it says in the section on exemptions "Your spouse is never considered your dependent." That publication also talks about who you can claim as a dependent, and the tests which must be met in order to claim that person.

Separate return. If you file a separate return, you can claim the exemption for your spouse only if your spouse had no gross income, is not filing a return, and was not the dependent of another taxpayer. This is true even if the other taxpayer does not actually claim your spouse as a dependent. This is also true if your spouse is a nonresident alien.

but still don`t understand how to aswer on the affidavit question

 
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