i-944 Debt

[Bjh 39]

Hi,

 

Just figuring out this new form, I noticed it asks for student loan debt in addition to many other forms of debt. I went to med school so my student loans are pretty high (over $300,000), does my wife (the beneficiary) have to list that debt in the i-944?

 

She also didn't file any US federal income taxes in 2019 (since she didn't even live here yet). She said "yes" to the question asking about whether she and her spouse filed income tax returns in 2019, and listed her own income as "$0." Is that the proper way to do it? My full income is listed under my name.

 

Thanks!

[Duke & Marie 1,389]

1 hour ago, Bjh said:

Hi,

 

Just figuring out this new form, I noticed it asks for student loan debt in addition to many other forms of debt. I went to med school so my student loans are pretty high (over $300,000), does my wife (the beneficiary) have to list that debt in the i-944?

 

She also didn't file any US federal income taxes in 2019 (since she didn't even live here yet). She said "yes" to the question asking about whether she and her spouse filed income tax returns in 2019, and listed her own income as "$0." Is that the proper way to do it? My full income is listed under my name.

 

Thanks!

No, only HER debts... plus any money owning of YOUR assets listed as available to her e.g. home 

[LBee1592 17]

On 3/13/2020 at 8:14 PM, Duke & Marie said:

No, only HER debts... plus any money owning of YOUR assets listed as available to her e.g. home 

And what about if the US citizen owes taxes. Do the taxes due have to be listed in the petitioner's debts and liabilities? 

 

And would it be different if they file married filing jointly VS married filing separately?

[flfreddy 92]

On 3/13/2020 at 8:14 PM, Duke & Marie said:

No, only HER debts... plus any money owning of YOUR assets listed as available to her e.g. home 

My interpretation is I-944 is to weed out people using public funds currently and will not be eligible.  So K1 Petitioners debt or spouse of 485 applicant's debt are irrelevant.  I could be wrong.  However on I864 will be relevant to sponsor's financial.

[Duke & Marie 1,389]

8 hours ago, LBee1592 said:

And what about if the US citizen owes taxes. Do the taxes due have to be listed in the petitioner's debts and liabilities? 

 

And would it be different if they file married filing jointly VS married filing separately?

The way I read it, it’s only debts the beneficiary is liable for, so NOT US spouse taxes if the tax debt occurred pre-marriage.

 

how they file is also NA unless the US spouse debt was attained post marriage to my knowledge... the beneficiary is genrally only 50% liable for all debts attained post marriage.

[geowrian 22,337]

5 hours ago, Duke & Marie said:

The way I read it, it’s only debts the beneficiary is liable for, so NOT US spouse taxes if the tax debt occurred pre-marriage.

 

how they file is also NA unless the US spouse debt was attained post marriage to my knowledge... the beneficiary is genrally only 50% liable for all debts attained post marriage.

Specifics vary heavily by state, mainly if it's a community property or marital property state.

Unless divorced (or at least legally separated), a debt obtained post--marriage can (often IIRC) be 100% the responsibility of both of them. See Joint and several liability.

My understanding is that a tax debt, if filed jointly, would be the full responsibility of both individuals (with some rare exceptions for a so-called "innocent spouse" situation).