ok urgent problem, need help!!

[Beautifulday 16]

guys...so im going over the i134 form with fiance and um...there is a problem...he has claimed his cousin (and godson) on his taxes for 2013 year...so i know that he has got to write him down in nr 8 on the i134...right? he has also claimed him years ago when he had a job...claimed him again just a year ago cuz he got a job then.......the boy isnt fully dependant on my fiance, just partially...my fiance watches him, takes care of him, buys him some clothes/food...boy spends PLENTY of time at my fiance's house....but the problem is that my fiance, years ago when he first claimed him, apparently told the guy at the tax place that he wants to claim his GOD SON but the guy put the boy down as "son" so now my fiance's taxes say he's claiming his son...but the boy is his cousin, not son, fiance doesn't have children....so what do i do now? cuz in nr 8 in i134 u have to put down your dependants....and what should he put..."son" like his taxes say or cousin or godson or what..i am really worried...

[Beautifulday 16]

nobody?

[Robby999 1,024]

Section 8 also has a space for him to list relationship and whether the god-son is wholly or partially dependent on him. If he is listed on the tax returns he has to be listed. Another thing he might to think about is the Obamacare penalities are due to kick in this year so he might check to see if he will be held responsible for the child's insurance requirements or if he might be fined. Either way he needs to get this straight as soon as possible because the I-864 which is needed for the AOS requires tax returns/transcripts as evidence. Good Luck

[Beautifulday 16]

Section 8 also has a space for him to list relationship and whether the god-son is wholly or partially dependent on him. If he is listed on the tax returns he has to be listed. Another thing he might to think about is the Obamacare penalities are due to kick in this year so he might check to see if he will be held responsible for the child's insurance requirements or if he might be fined. Either way he needs to get this straight as soon as possible because the I-864 which is needed for the AOS requires tax returns/transcripts as evidence. Good Luck

well ill have my fiances tax transcript with me for the interview....and i still dint know what he should write him down as, should he just write "god son"? and for the AOS ill have a co-sponsor as well..

[Robby999 1,024]

well ill have my fiances tax transcript with me for the interview....and i still dint know what he should write him down as, should he just write "god son"? and for the AOS ill have a co-sponsor as well..

How is the boy LEGALLY related to your fiance? I would put cousin myself, and do everything to make it clear that he is NOT my son. I am not certain about god-son, unless he can produce some LEGAL document that designates him as the god-father to the boy.

[Beautifulday 16]

How is the boy LEGALLY related to your fiance? I would put cousin myself, and do everything to make it clear that he is NOT my son. I am not certain about god-son, unless he can produce some LEGAL document that designates him as the god-father to the boy.

the boy is his cousin...it's his cousin's son...but my co-sponsor is my fiance's sister since fiance doesn't make enough for 3....do u think i can be denied the visa cuz of this? or later on, AOS? his sister will have to co-sponsor me on the AOS as well...

[Robby999 1,024]

Be patient, there is a few people that are very knowledgable about the I-134 that frequent this forum at night, so one of them will hopefully have a better answer for you!

[Beautifulday 16]

Be patient, there is a few people that are very knowledgable about the I-134 that frequent this forum at night, so one of them will hopefully have a better answer for you!

ok well, thanks anyway, just really hope that i will not get denied cuz of this.....

[Robby999 1,024]

After you are married, you and your husband will have to file for the adjustment of status. The adjustment of status process requires an I-864 be submitted, so if you need a co-sponsor for the I-134 then you will need it for the I-864 most likely. He really needs to clear this up one way or the other before filing taxes this year and claiming his cousin again. Again, he also needs to ask whether he will be held accountable for providing insurance for the boy and if he can be penalized if he doesn't provide insurance but claims the boy on his 2014 federal taxes.

[Beautifulday 16]

After you are married, you and your husband will have to file for the adjustment of status. The adjustment of status process requires an I-864 be submitted, so if you need a co-sponsor for the I-134 then you will need it for the I-864 most likely. He really needs to clear this up one way or the other before filing taxes this year and claiming his cousin again. Again, he also needs to ask whether he will be held accountable for providing insurance for the boy and if he can be penalized if he doesn't provide insurance but claims the boy on his 2014 federal taxes.

Yes, i know that, and we will be using a co-sponsor (his sister) for the AOS just like we are now, for this k1 visa. I will tell him all this and that he needs to straighten this up, all im worried about right now tho is that i might get denied k1 visa cuz of this

[Robby999 1,024]

I doubt it will be too much of a problem for the I-134, but it might cause problems later in the process.

[Beautifulday 16]

I doubt it will be too much of a problem for the I-134, but it might cause problems later in the process.

what do u mean.....ill have the very same co-sponsor for when we file for the AOS........so if this works, why wouldn't the AOS....idk im just really freaking out atm

[Robby999 1,024]

what do u mean.....ill have the very same co-sponsor for when we file for the AOS........so if this works, why wouldn't the AOS....idk im just really freaking out atm

I mean that having the cousin claimed on his tax forms may cost him money in the future! That is what I meant when I said it might cause problems later. Here is a link that will hopefully explain to you why I said your fiance needs to consult his tax advisor regarding claiming his cousin in the future on his taxes. The co-sponsor is not a problem.

http://taxpolicycenter.org/taxfacts/acacalculator.cfm

[Beautifulday 16]

thank u, ill be sure to tell him that and make him do it......................

but if anybody else has an idea of what we should put on the form....and if this will be an issue with my k1 visa..id really appreciate it

[kzielu 1,154]

what do u mean.....ill have the very same co-sponsor for when we file for the AOS........so if this works, why wouldn't the AOS....idk im just really freaking out atm

Because limits are different - 100% of poverty limits for I-134, 125% for I-864 - if I remember correctly.