Affidavit of support

[Nitas_man 3,100]

6 hours ago, Gojo said:

Even if I don’t claim him on tax return?

Yes

 

 

[Nitas_man 3,100]

5 hours ago, Gojo said:

I should be getting a 1099 from law firm. This year has been difficult because I’ve been traveling to see my husband in his country. Prior to 2018 I was working full time and permanently. I got payed off from the law firm and started collecting unemployment in 2018. This year, 2019, I have started working again full time permanently with another company. 2018 is really messing me up with my income.  Other years prior,  my earnings were much higher than in 2018. 2018 has been a bad year financially due to that lay off. 

Plus i’m sure you are paying child support for and having visitation time with that 15-yr-old as well

[geowrian 22,337]

6 hours ago, aaron2020 said:

You must count the 15 years old in your household for the I-864.  He has not reached the age of majority in Maryland.  The age of majority in MD is 18.  

Question: do they count a state as location of domicile for this purpose? I always read the language from the I-864 as it applied to the country (if not US), or 21 within the US.

[aaron2020 11,651]

2 minutes ago, geowrian said:

Question: do they count a state as location of domicile for this purpose? I always read the language from the I-864 as it applied to the country (if not US), or 21 within the US.

Yes.  A domicile is the place where a person permanently reside. 

Mary lives permanently at 123 Main Street, Los Angeles, California, USA.  That's her domicile.  The place where she lives.  It's that specific house.  It includes everything.  

 

Domicile is a legal concept.  For voting.  For taxes.  For lots of other things aside from the I-864.  

[geowrian 22,337]

5 minutes ago, aaron2020 said:

Yes.  A domicile is the place where a person permanently reside. 

Mary lives permanently at 123 Main Street, Los Angeles, California, USA.  That's her domicile.  The place where she lives.  It's that specific house.  It includes everything.  

 

Domicile is a legal concept.  For voting.  For taxes.  For lots of other things aside from the I-864.  

Not doubting that, but the wording to me implied they use 21 for the US or the age of majority if abroad. otherwise the reference to 21 seems redundant as they are no longer recognized as a child to the US anywhere in the world.

I know it's a very off-case....I've never seen somebody actually submit an I-864 under either interpretation have an issue.

 

Anyway, thanks.

Edited January 27, 2019 by geowrian

[aaron2020 11,651]

4 minutes ago, geowrian said:

Not doubting that, but the wording to me implied they use 21 for the US or the age of majority if abroad. otherwise the reference to 21 seems redundant as they are no longer recognized as a child to the US anywhere in the world.

I know it's a very off-case....I've never seen somebody actually submit an I-864 under either interpretation have an issue.

 

Anyway, thanks.

Google age of majority.  It's a state issue.  There is no federal age of majority.  

It's not redundant.  

 

The OP's son is domiciled in the state of Maryland.  The age of majority there is 18.

Edited January 27, 2019 by aaron2020

[aaron2020 11,651]

https://definitions.uslegal.com/a/age-of-majority/

 

The age of majority is the legally defined age at which a person is considered an adult, with all the attendant rights and responsibilities of adulthood. The age of majority is defined by state laws, which vary by state, but is 18 in most states. 

[aaron2020 11,651]

https://legaldictionary.net/domicile/

 

For example:

John lives and works in New York but, because he travels a great deal to Los Angeles, he decides to buy a home in California. John spends about six months in each home, and he considers this a permanent arrangement. John now has two domiciles.

Alternatively: John’s employer transfers him to their office in Los Angeles, and he is to start within the week. John packs his home and heads to California, placing his belongings in storage, and renting a hotel room, until he buys a home. John’s domicile remains in New York until he establishes a home in California, whether by purchasing a home, or by leasing a home, at which time his domicile becomes California.

[Nitas_man 3,100]

29 minutes ago, geowrian said:

Not doubting that, but the wording to me implied they use 21 for the US or the age of majority if abroad. otherwise the reference to 21 seems redundant as they are no longer recognized as a child to the US anywhere in the world.

I know it's a very off-case....I've never seen somebody actually submit an I-864 under either interpretation have an issue.

 

Anyway, thanks.

I listed the kiddos from previous marriage until age 21 if I claimed them, 18 if I didnt.

 

Example:  I claimed one until age 23 until she graduated college, but didnt list her on the support affidavit because she was over 21.  

 

Who claims who is usually in the parenting order, but it doesnt matter if they are under 18.  They have to be counted in your household no matter what.

Edited January 27, 2019 by Nitas_man

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[pushbrk 12,877]

2 hours ago, Nitas_man said:

I listed the kiddos from previous marriage until age 21 if I claimed them, 18 if I didnt.

 

Example:  I claimed one until age 23 until she graduated college, but didnt list her on the support affidavit because she was over 21.  

 

Who claims who is usually in the parenting order, but it doesnt matter if they are under 18.  They have to be counted in your household no matter what.

Actually, the I-864 instructions indicate you count any unmarried children under 21, no matter where they live.  It means no matter whether you claim them or not.  If the other parent dies tomorrow, they are going to be your responsibility.  No?

 

[Bengoj 133]

6 hours ago, pushbrk said:

Actually, the I-864 instructions indicate you count any unmarried children under 21, no matter where they live.  It means no matter whether you claim them or not.  If the other parent dies tomorrow, they are going to be your responsibility.  No?

 

Wow so unfortunately It looks like I may have to find a JS. In 2018, I’ve traveled outside of the US to visit my husband every 3 months which took away from my income. I have been renting out a room in my apartment for the entire year of 2018. I know that they are looking at my 2018 income. this year I’m working but still traveling. Am I able to claim the rental income on my taxes? And how is that done?  If I claim the rental income, I may be able to meet the income limit. 2018 has been hard for me. How do they expect you to meet income limit AND prove bonafide relationship with your spouse at the same time. I would have to visit him and be out of the country, which means no income for the period I’m away... This is hard😩😢

[Bengoj 133]

Hello. I have been working on and off to be with my spouse in his country in 2018 and again in 2019. My husband should be here this year, fingers crossed. But until then, I’m still traveling to his country for visits as he has a business in his country that I assist with.  I am back in the states but will be visiting again in May.  I have a contract job but decided to stay contracting because of my leave of absence. I filed in October 2018. How do I prove current income when asked by NVC?  Should I go permanently with them now to establish work history or am I able to just provide a letter from my employer stating my position with them? It’s hard to establish bonifide marriage AND meet the income if I’m so much out of the country. I also rent a room in my apartment for the months that I’m away. Can that income just be claimed on my taxes for 2018?

thanks

[Just Paul 4,595]

15 minutes ago, Gojo said:

Can that income just be claimed on my taxes for 2018?

thanks

You haven't been claiming that income?

 

Like we have said in previous posts you need to add all of you income together from your tax returns.  You might also be able to meet itne sponsorship requirements by using the asset section.

 

You don't need to open new threads for hopes of a different answer.  Maybe you should find a tax preparer that is familiar with immigration issues. 

 

You could also find a Joint Sponsor

 

 

 

 

[pushbrk 12,877]

13 hours ago, Gojo said:

Wow so unfortunately It looks like I may have to find a JS. In 2018, I’ve traveled outside of the US to visit my husband every 3 months which took away from my income. I have been renting out a room in my apartment for the entire year of 2018. I know that they are looking at my 2018 income. this year I’m working but still traveling. Am I able to claim the rental income on my taxes? And how is that done?  If I claim the rental income, I may be able to meet the income limit. 2018 has been hard for me. How do they expect you to meet income limit AND prove bonafide relationship with your spouse at the same time. I would have to visit him and be out of the country, which means no income for the period I’m away... This is hard😩😢

Unless you are self employed, you will qualify based on your current employment income, NOT your 2018 income.  With only a couple exceptions, (India comes to mind) you do not need to have qualifying income all three years.  If you made 100k last year AND the previous two years and lost your job today, you would not qualify, because you have no "current income".  This is always a judgment call by a Consular Officer based on totality of circumstances.

 

You claim your rental income the same way anybody would.  Consult a tax professional or use Turbo Tax etc.  Either will walk you through exactly what is needed.