Exactly what Tax Forms for I-864? RFE issue (merged)

[NikLR 13,227]

5 hours ago, pushbrk said:

If you read the I-864 instructions, you know they say to count any unmarried children under 21 no matter where they live.

Also if not living at sponsor's resident, over the age of majority, generally age 18 if not claimed as a dependent. 

 

[K + M 47]

6 hours ago, pushbrk said:

Since you are now married and not combining income with your parents, I would not count yourself as part of their household TODAY, no matter if you were claimed in 2018 or not and no matter whether you live in their house now.

Oooh okay, I just simply thought it went off who they claimed as their dependents on their taxes last year, but since I am now married, even tho I live with them, since I am not combining my income with them, and my own I-864 I would not count myself into their own household size?  I just get a little puzzled at the rules for the household size, but would this be the right thing to do??  Why exactly is it that my dad would not count me into his household size, why is it that I would not be classified as "other dependent" ?

 

My other brother worked a job for a couple of months(brother above 18, that still lives with us), but he isn't anymore so I am assuming he still would be classified as "other dependent" and be counting toward the household

Edited December 20, 2019 by Kerri and Myles

[pushbrk 12,879]

33 minutes ago, Kerri and Myles said:

Oooh okay, I just simply thought it went off who they claimed as their dependents on their taxes last year, but since I am now married, even tho I live with them, since I am not combining my income with them, and my own I-864 I would not count myself into their own household size?  I just get a little puzzled at the rules for the household size, but would this be the right thing to do??  Why exactly is it that my dad would not count me into his household size, why is it that I would not be classified as "other dependent" ?

 

My other brother worked a job for a couple of months(brother above 18, that still lives with us), but he isn't anymore so I am assuming he still would be classified as "other dependent" and be counting toward the household

Your own affidavit only counts you and your spouse.

[K + M 47]

3 hours ago, pushbrk said:

Your own affidavit only counts you and your spouse.

correct yes my own affidavit I have a household size of 2, but why on my dads joint sponsor affidavit will he not count me exactly even tho I am a dependent on his 2018 taxes.  

[pushbrk 12,879]

4 hours ago, Kerri and Myles said:

correct yes my own affidavit I have a household size of 2, but why on my dads joint sponsor affidavit will he not count me exactly even tho I am a dependent on his 2018 taxes.  

He would, only if you are STILL a dependent and will be counted on his 2019 tax return.  Otherwise, you are no longer unmarried.

[K + M 47]

19 minutes ago, pushbrk said:

He would, only if you are STILL a dependent and will be counted on his 2019 tax return.  Otherwise, you are no longer unmarried.

How exactly do I know if I am still going to be a dependent on his 2019 tax return?  I'm a little confused by this household size in regards to my situation where I am living in his house, but I am now married, and earning my income, but yet I have my own I-864 and using him as a joint sponsor.  I am not certain if I am going to be a dependent or if I am not going to be a dependent on his tax return for 2019.  What classifies me to still be a dependent on his 2019 tax returns so I know if I am going to be or not, trying to figure out if the household size is going to be 5 or 6.  

[pushbrk 12,879]

Just now, Kerri and Myles said:

How exactly do I know if I am still going to be a dependent on his 2019 tax return?  I'm a little confused by this household size in regards to my situation where I am living in his house, but I am now married, and earning my income, but yet I have my own I-864 and using him as a joint sponsor.  I am not certain if I am going to be a dependent or if I am not going to be a dependent on his tax return for 2019.  What classifies me to still be a dependent on his 2019 tax returns so I know if I am going to be or not, trying to figure out if the household size is going to be 5 or 6.  

Why don't you ask HIM.  If HE doesn't know, HE can ask his tax advisor.  If you will be filing your own tax return, chances are he will not be able to count you as a dependent.  This is a tax question, not an immigration question.  I'm not a tax professional, but others here may be.

 

[K + M 47]

1 minute ago, pushbrk said:

Why don't you ask HIM.  If HE doesn't know, HE can ask his tax advisor.  If you will be filing your own tax return, chances are he will not be able to count you as a dependent.  This is a tax question, not an immigration question.  I'm not a tax professional, but others here may be.

 

That is a great point, but don't you count household size not on future taxes that are going to be filed, and instead on the most current ones that are on file? Which here would be 2018? 

[pushbrk 12,879]

Just now, Kerri and Myles said:

That is a great point, but don't you count household size not on future taxes that are going to be filed, and instead on the most current ones that are on file? Which here would be 2018? 

Not necessarily.  Affidavits can, and in my opinion should, reflect current facts.  If you are not currently a dependent, there is no reason to count yourself as a dependent.  By the time the visa is issued, you parents will have filed a new tax return with you NOT a dependent.

[K + M 47]

1 minute ago, pushbrk said:

Not necessarily.  Affidavits can, and in my opinion should, reflect current facts.  If you are not currently a dependent, there is no reason to count yourself as a dependent.  By the time the visa is issued, you parents will have filed a new tax return with you NOT a dependent.

That is true, but isn't that taking personal subjection into account and basing what "should" be the best, and I 100% see your way, and I agree with it completely but this is exactly what the I-864 instructions say:

 

 

"You must include each and every person whom you have claimed as a dependent on your most recent Federal income tax return."

 

I completely agree with what you are saying, and yes it would reflect current but, if I did it that way wouldn't I be going against the instructions that are stated in the I-864 form.

 

[pushbrk 12,879]

Just now, Kerri and Myles said:

 

 

I completely agree with what you are saying, and yes it would reflect current but, if I did it that way wouldn't I be going against the instructions that are stated in the I-864 form.

 

So, you clearly understand that I am recommending going against the instructions in this instance.  Good.  Please see the anonymous quote in my signature.  Take my advice or don't.  I'll not argue this subject further.

[K + M 47]

3 minutes ago, pushbrk said:

So, you clearly understand that I am recommending going against the instructions in this instance.  Good.  Please see the anonymous quote in my signature.  Take my advice or don't.  I'll not argue this subject further.

I'm really sorry if it came across that I was arguing in any manner, I highly highly value your help, and everyone's help here and I am always trying to better myself in these matters and learn as we progress along.  I never once and hope to never come off that I am arguing, I am just trying to do what is best.  Really I can't say it enough how thankful I am for all your help, and especially your patience, and everyone's I have learned so so much and that I am truly thankful for.  I 100% take your advice on every single situation, and from what I am seeing is that the big picture is that the I-864 reflects "current" data, with the only "non-current" data being the last 3 tax years, but then there are tax transcripts to back that data up and it is there to not show "current" but to show stability, with current- annual income to showcase now, with pay stubs to back that up.  And the household size which we are discussing is to reflect the current-now situation of the household, spoken in the present tense. 

 

My question would be is, everything on the I-864 has papers/data to back the information up.  What would be the information/data to back up the fact I am putting myself as not a member of the current household  - I'm guessing my Marriage Cert/my pay stubs showcasing my current income-and that I am going to be filing in 2020 for 2019/my marriage certificate?

[pushbrk 12,879]

Just now, Kerri and Myles said:

I'm guessing my Marriage Cert/my pay stubs showcasing my current income-and that I am going to be filing in 2020 for 2019/my marriage certificate?

You are guessing correctly.  Bear in mind that updated affidavits may be requested or you can submit at the ultimate interview.  If I were you, I would submit a new affidavit showing your current income and most recent tax return at that time and then ask if your parents can be removed from sponsorship and the obligations that go with it.  Another "big picture" moment for you to consider.

[K + M 47]

4 minutes ago, pushbrk said:

You are guessing correctly.  Bear in mind that updated affidavits may be requested or you can submit at the ultimate interview.  If I were you, I would submit a new affidavit showing your current income and most recent tax return at that time and then ask if your parents can be removed from sponsorship and the obligations that go with it.  Another "big picture" moment for you to consider.

That is something I will definitely do, now that you mention it.  Also because I don't want to leave any potential "hurdles" for anyone at USCIS to even have to think about, would it be wise for me to explain in my letter of documents I am including, that I am stating I am not a member of my parents household due to the fact I am now working/married/and will be filing my own taxes in 2020 for the tax year 2019, or would it be alright for me to assume that USCIS can make all those links?  I've grown to not let them assume anything.

Edited December 20, 2019 by Kerri and Myles

[K + M 47]

Great News! got my mothers paystubs today!  Hers are bi-weekly so I multiplied the pay statement that is consistent from check to check x 26, and it came out perfectly with the amount it states for her annual salary pay from her most recent paycheck, so I now have both parents current annual individual income calculated, which gave me also the current annual household income .

 

I also have the current household size as 5, and this is how I calculated it with great advice from @pushbrk  :

 

my dad - joint sponsor - 1

my mom - 1

1x of my brothers older than 18 living at home - 1

1x of my brothers younger than 18 - 1

principal immigrant - 1

Did not count me as even tho I was on 2018 tax transcripts as dependent come interview time and by the time they file taxes for 2019 I will not as I do not join incomes with my parents, even tho I am living at home, I have my own income, and now married so they will not claim me as a dependent on 2019 (correct)?  They aren't able to claim me as a dependent as I have to file my own taxes correct?  Other than making sure household size is 100% correct:

 

Should have the whole RFE response packet put completely together soon and will for sure give an update of how I have assembled everything as a final rundown.  

 

On another note, I hope everyone is having an amazing holiday season, whatever holidays you celebrate! 🎆