LPR parent/minor child F2A sponsorship/taxes

[OKflyboy 35]

Here's a question for y'all.

My mom filed I-130 for her minor son (he's turning 8 this year). Due to that fact that she's his only relative back in Russia, she has to spend most of the year there with him. Babysitters are an option for only very brief time, because he has a physical disability and pretty much nobody wants to deal with it. She lives in the US less than 6 month out of the year and has no income here. She does not file taxes here, and I cannot include her in my taxes as dependent due to the fact that she lives with me less than 6 months. Her actual income or lack thereof does not matter in this case, since there is a joint sponsor. The question is, what does she send to NVC with the AoS packet in lieu of tax forms? Is this going to be a big issue?

While I understand that my situation is fairly rare, I do not believe it's unique. I'd appreciate reasonable advice.

[apple21 953]

Mother fills out i864 even with zero income. She must attach a letter explaining why she does not file taxes.

As the joint sponsor, you file i864 as well. Include a copy of your latest ITR and W2.

[OKflyboy 35]

So a letter with explanation might do the trick? Thank you.

[Boiler 46,143]

She may not owe taxes but she may be wise to file them.

From memory you mentioned she lives most of the year in Russia, she has no income?

[OKflyboy 35]

She may not owe taxes but she may be wise to file them.

From memory you mentioned she lives most of the year in Russia, she has no income

She can't file them if she only lives here 2-3 months out of the year, can she?

She is retired and receives a pension from the Russian government.

[Boiler 46,143]

Permanent residents have the same obligations as US Citizens, taxed on world wide income, buy health insurance etc.

I would have thought in her case filing would be of more importance.

Edited February 17, 2015 by Boiler

[Boiler 46,143]

She lives in the US and visits Russia

[aaron2020 11,651]

Here's a question for y'all.

My mom filed I-130 for her minor son (he's turning 8 this year). Due to that fact that she's his only relative back in Russia, she has to spend most of the year there with him. Babysitters are an option for only very brief time, because he has a physical disability and pretty much nobody wants to deal with it. She lives in the US less than 6 month out of the year and has no income here. She does not file taxes here, and I cannot include her in my taxes as dependent due to the fact that she lives with me less than 6 months. Her actual income or lack thereof does not matter in this case, since there is a joint sponsor. The question is, what does she send to NVC with the AoS packet in lieu of tax forms? Is this going to be a big issue?

While I understand that my situation is fairly rare, I do not believe it's unique. I'd appreciate reasonable advice.

LPRs are taxed on their worldwide income. Your mother has to file US tax returns. Her Russian income counts.

[OKflyboy 35]

Ok then I guess we will file her taxes. I was wondering if there will be physical residence requirement in the forms like for dependents. If not, then we can file.

[aaron2020 11,651]

Ok then I guess we will file her taxes. I was wondering if there will be physical residence requirement in the forms like for dependents. If not, then we can file.

LPRs are treated like USCs - taxed on worldwide income regardless of where they are. It's taxation based on status which is different from other countries that tax based on residency.

The obligation to report and pay taxes has nothing to do with residency. Being claimed as a dependent does require the dependent to live with the taxpayer.

Look up USCIS rules about maintaining LPR status; in particular the tax return requirement and the claiming residency abroad.

Edited February 17, 2015 by aaron2020