Form I864 requirement if sponsor file taxes as a dependent

[Damies 0]

Hello all, I am on a F-1 visa,  My wife is a dependent and she has been filing tax as a dependent under her mom. She is just 19 years old and I’m 23. She has been working for the past 2years but earning below the required income and she is also filing tax as a dependent under her mom.

 

My question is that will I still need her to file for form I-864 form for me as my sponsor or I will only need to use a co-sponsor instead.

 

My uncle will be the co-sponsor, but I just want to know if my wife will be able to file as sponsor for me also considering the fact that she is filing for tax as a dependent on her mom.

 

Thanks, I’m anticipation to your help.

 

[GreatDane 366]

24 minutes ago, Damies said:

Hello all, I am on a F-1 visa,  My wife is a dependent and she has been filing tax as a dependent under her mom. She is just 19 years old and I’m 23. She has been working for the past 2years but earning below the required income and she is also filing tax as a dependent under her mom.

 

My question is that will I still need her to file for form I-864 form for me as my sponsor or I will only need to use a co-sponsor instead.

 

My uncle will be the co-sponsor, but I just want to know if my wife will be able to file as sponsor for me also considering the fact that she is filing for tax as a dependent on her mom.

 

Thanks, I’m anticipation to your help.

 

Your spouse will be a co-sponsor on your visa, with your uncle. Being a dependent doesn't matter and he mom won't have to sign anything.

I'd also recommend you look into how you will file for taxes if her mother will continue to claim her as a dependent - it matters.

[geowrian 22,337]

Your spouse must file an I-864 no matter what, as the primary sponsor. Her mother doesn't have to do anything.

She can use a joint sponsor if necessary. The joint sponsor would also file an I-864 + all supporting documentation. If the joint sponsor is married and files jointly, then their spouse should complete an I-864A as well (this is often requested but not strictly reequired).

[Damies 0]

27 minutes ago, geowrian said:

Your spouse must file an I-864 no matter what, as the primary sponsor. Her mother doesn't have to do anything.

She can use a joint sponsor if necessary. The joint sponsor would also file an I-864 + all supporting documentation. If the joint sponsor is married and files jointly, then their spouse should complete an I-864A as well (this is often requested but not strictly reequired).

Thank you Geowrian. I appreciate your reply.

[Damies 0]

1 hour ago, GreatDane said:

Your spouse will be a co-sponsor on your visa, with your uncle. Being a dependent doesn't matter and he mom won't have to sign anything.

I'd also recommend you look into how you will file for taxes if her mother will continue to claim her as a dependent - it matters.

Thanks GreatDane. I appreciate