question about the new public charge rule and I485 adjustment of status

[Cyberfx1024 7,978]

20 minutes ago, MoroccanLover40 said:

On the paperwork it states you only need to make 38k for a family of 5. So in my case I'm a family of 4 with a 60k income combined. That should be enough or will they just decline because 2 people in the household are using snap. Will buying a new house fix this so it can just be me and my wife ? Lol just thinking. I'm to the point where I just may move elsewhere. I'm having no luck here. I dont understand why they approved her visa and gave her all these docs in the first place if they will act like this now. 

So then why are your parents on food stamps if you make enough, and what state is this? They can and will deny this petition again because your parents are a public charge so it's only fair to think that your wife might become one as well.

 

 

Edited April 21, 2020 by Cyberfx1024

[MoroccanLover40 2]

PA. Is there a way to remove parents from your dependents ? Is that done on your taxes ? 

 

Well my parents have nothing to do with me so the money I make shouldn't concern them ? I see why it concerns them because I have them as my dependents. So they haven't denied us yet because my lawyer is sending it in tomorrow after he reviews everything I sent him. He said he can challenge uscis as we sent our application before the date this public charge thing went into place. Just need guidance how to move forward I know I screwed up here

[Loren Y 2,752]

You could always amend your tax return you filed for the 2019 taxes to remove your parents as dependents. Not sure it would matter now or not, but know if you do that it will guarantee an increase in your tax liability, and any refund you received ( If you received one) will have to more than likely be paid back, along with more monies. 2 dependents is a pretty big deduction. Just wanted to let you know you can amend your returns just about anytime, but not sure that would help now.

[SalishSea 17,047]

2 hours ago, MoroccanLover40 said:

Well my parents have nothing to do with me so the money I make shouldn't concern them ?

So when it is for a convenient tax break, you're all for it, but when it changes your household status you're not?  Do you or do you not support them financially?  SMH.

[Ontarkie 14,017]

~~Moved to AOS Family K1/K3, from K1 P&P - as this is now an AOS topic.~~

[Taxingprocesses 3]

When you filed your parents as dependents you told the IRS that you provide over 50% of their support. You said yourself you did this to save money. Then you left your parents off your household for the AOS forms, which specifically say household must include tax dependents.   

 

2 does not equal 4.  I understand this process is stressful and frustrating, but it's very important to be accurate.  It's not stupid to reject forms that aren't filled out correctly.  They have to process thousands of pieces of paperwork and if they get conflicting info they may just have to tell the person to start over because they won't have time to help everyone figure it out.  The forms have very detailed instructions online for you to DIY.  

 

It sounds like you are very worried about your wife's status.  Once your wife's i-485 is accepted she will not be out of status while it processes.  So you just need to get your application submitted correctly.  Take a breath, work on it slowly and fill out the forms carefully and accurately.  Don't make guesses about what you think matters or not, read the form and list exactly what they ask for.  Ask questions here is you're unsure.  You can do it!

 

Once the packet is accepted you will have some time while it processes.  Regarding the public charge issue, this form is still very new and I'm not sure anyone will know exactly how USCIS will view your parents using SNAP.

 

Amending your taxes or moving to a new house without your parents are big steps and will take time so I'm not sure it's a good idea to wait to do those things before filing the AOS.  Especially because it's not clear if either one would change USCIS views since they will have the previous applications on file.

 

 

It does seem a bit strange to have your parents as tax dependents and meet the household income requirements for USCIS AND have them getting SNAP.  Are you sure they filled out their application correctly?

 

Do you share food with your parents or cook and eat meals together?  Because if so they must report household income for all people who shop and prepare food together.  You might want to look into this to just to be sure you are within the rules all around.  They could owe $$ back and the state may investigate if they knowingly lied.  But as long as they didn't commit a crime, if they aren't eligible and pay back any overpayment then it might be better from a public charge perspective?  

 

 

Edited April 21, 2020 by Taxingprocesses
Typos

[MoroccanLover40 2]

6 hours ago, Jorgedig said:

So when it is for a convenient tax break, you're all for it, but when it changes your household status you're not?  Do you or do you not support them financially?  SMH.

I do not support them at all. I just had them on my taxes for over 10 years and didn't know it would be a problem. I help with the occasional things because they don't have anyone else and no income. 

6 hours ago, Loren Y said:

You could always amend your tax return you filed for the 2019 taxes to remove your parents as dependents. Not sure it would matter now or not, but know if you do that it will guarantee an increase in your tax liability, and any refund you received ( If you received one) will have to more than likely be paid back, along with more monies. 2 dependents is a pretty big deduction. Just wanted to let you know you can amend your returns just about anytime, but not sure that would help now.

Thats what I'm leaning towards. Thank you 

[MoroccanLover40 2]

3 hours ago, Taxingprocesses said:

When you filed your parents as dependents you told the IRS that you provide over 50% of their support. You said yourself you did this to save money. Then you left your parents off your household for the AOS forms, which specifically say household must include tax dependents.   

 

2 does not equal 4.  I understand this process is stressful and frustrating, but it's very important to be accurate.  It's not stupid to reject forms that aren't filled out correctly.  They have to process thousands of pieces of paperwork and if they get conflicting info they may just have to tell the person to start over because they won't have time to help everyone figure it out.  The forms have very detailed instructions online for you to DIY.  

 

It sounds like you are very worried about your wife's status.  Once your wife's i-485 is accepted she will not be out of status while it processes.  So you just need to get your application submitted correctly.  Take a breath, work on it slowly and fill out the forms carefully and accurately.  Don't make guesses about what you think matters or not, read the form and list exactly what they ask for.  Ask questions here is you're unsure.  You can do it!

 

Once the packet is accepted you will have some time while it processes.  Regarding the public charge issue, this form is still very new and I'm not sure anyone will know exactly how USCIS will view your parents using SNAP.

 

Amending your taxes or moving to a new house without your parents are big steps and will take time so I'm not sure it's a good idea to wait to do those things before filing the AOS.  Especially because it's not clear if either one would change USCIS views since they will have the previous applications on file.

 

 

It does seem a bit strange to have your parents as tax dependents and meet the household income requirements for USCIS AND have them getting SNAP.  Are you sure they filled out their application correctly?

 

Do you share food with your parents or cook and eat meals together?  Because if so they must report household income for all people who shop and prepare food together.  You might want to look into this to just to be sure you are within the rules all around.  They could owe $$ back and the state may investigate if they knowingly lied.  But as long as they didn't commit a crime, if they aren't eligible and pay back any overpayment then it might be better from a public charge perspective?  

 

 

I am home 1 time a week and work every day 1 full time job and 1 part time job to provide for everyone else while my wife goes to be a rn. I rarely eat at the house and my wife eats with the money I giver her. So I'm noticing and worrying about this but the application doesn't ask at all about my parents being on food stamps and the application only asks if me or my wife have been on it and we never have. We were declined once because I was making too much but never actually got anything. There was a option for that and we selected the correct option and told them when it happened. I think I have to go one of these routes and not sure which one. 

 

1. Amend tax returns 

2. Wait to 2020 taxes and remove parents from my dependents 

3. Challenge USCIS as we did send our paperwork before the public charge went into affect knowingly that will cause issues with our application. 

4. File it and see what happens as we haven't yet sent out the packet with the public charge paperwork. 

Edited April 21, 2020 by MoroccanLover40

[milimelo 4,306]

So you brought your parents over 10 yrs ago and they're LPRs (not USC) - looks like never worked in the US so didn't make 40 quarters per SSA. You still have to count them as you're still on the hook for them via I-864 - add your wife and that's 3 people you need to take care of as their sponsor.

[Crazy Cat 40,132]

1 hour ago, MoroccanLover40 said:

I do not support them at all. I just had them on my taxes for over 10 years and didn't know it would be a problem. I help with the occasional things because they don't have anyone else and no income. 

This doesn't make any sense.....How can you claim them as dependents if you do not support them? ....how do they afford to live in the US?  

[NikLR 13,220]

7 minutes ago, Lucky Cat said:

This doesn't make any sense.....How can you claim them as dependents if you do not support them? ....how do they afford to live in the US?  

I need a *i was wondering that too* upvote. 

[MoroccanLover40 2]

1 hour ago, milimelo said:

So you brought your parents over 10 yrs ago and they're LPRs (not USC) - looks like never worked in the US so didn't make 40 quarters per SSA. You still have to count them as you're still on the hook for them via I-864 - add your wife and that's 3 people you need to take care of as their sponsor.

What is lpr's and usc? They don't qualify for ss. 

[Ayrton 965]

8 minutes ago, MoroccanLover40 said:

What is lpr's and usc? They don't qualify for ss.

Lawful Permanent Resident

 

United States' Citizen

 

2 hours ago, MoroccanLover40 said:

3. Challenge USCIS as we did send our paperwork before the public charge went into affect knowingly that will cause issues with our application. 

 

Fixing your taxes won't change the fact that you entered wrong information on the form, so I don't see how you would be able to "challenge USCIS". It was your/lawyer fault. There's nothing you can do besides refiling with the right information.

Edited April 21, 2020 by Ayrton

[MoroccanLover40 2]

14 minutes ago, Lucky Cat said:

This doesn't make any sense.....How can you claim them as dependents if you do not support them? ....how do they afford to live in the US?  

I go to the same tax guy for over 10 years as well and he said if they are under your roof then you can legally count them as your dependents. I pay my taxes (close to 1500 a month) and do my federal taxes on time as well. Our k1 fiance visa went through and got approved with flying colors but we have spent thousands on applications that just keep getting denied. Im just looking for the right way but there is no right way for us. Its frustrating 

[MoroccanLover40 2]

1 minute ago, Ayrton said:

Lawful Permanent Resident

 

United States' Citizen

 

 

Fixing your taxes won't change the fact that you entered wrong information on the form, so I don't see how you would be able to "challenge USCIS". It was your/lawyer fault. There's nothing you can do besides refiling.

No the 2nd time we did it correctly  and included  the parents and they said we already had a application pending and sent the paperwork back even though we got a case closed status. My lawyer sent that one and still sent back.