I-944

[Jonesc22 0]

Looking over the required documents for adjustment of status and I see that my wife will need to complete an I-944. Does she need this if we're married? not sure why she would need to be self-sufficient. 

[Ayrton 965]

59 minutes ago, Jonesc22 said:

Looking over the required documents for adjustment of status and I see that my wife will need to complete an I-944. Does she need this if we're married? not sure why she would need to be self-sufficient. 

The immigrant needs to fill that out. It doesn't matter if it's married.

[Jonesc22 0]

ok and on this form when it ask for income, debt and credit score. Pretty much all of part 3, I need to include both mine and my wifes information?

[Ayrton 965]

44 minutes ago, Jonesc22 said:

ok and on this form when it ask for income, debt and credit score. Pretty much all of part 3, I need to include both mine and my wifes information?

If it says you/your it's about the immigrant. If it says you/your and your household, then it includes the USC spouse.

[DaveAndAnastasia 2,093]

18 hours ago, Jonesc22 said:

Looking over the required documents for adjustment of status and I see that my wife will need to complete an I-944. Does she need this if we're married? not sure why she would need to be self-sufficient. 

It would make sense to not require the I-944 for marriage-based AOS, especially from a K visa, but that's not how things work currently.

 

Really glad we were done before this was required (not that I have any problems supporting my wife and now our son, just that the paperwork has driven lots of people nuts).

[Jonesc22 0]

Awesome. thank you guys. What about taxes? does my wife have to file if she doesn't work?

[DaveAndAnastasia 2,093]

1 hour ago, Jonesc22 said:

Awesome. thank you guys. What about taxes? does my wife have to file if she doesn't work?

I'm assuming since you're filing AOS now and posting in the AOS from K-1 forum that you were not married on Dec 31, 2019, and your wife had not moved to the US by then either (as that's well over 90 days ago).

 

If so your wife has had no 2019 income to report (she wasn't a US resident yet, and did not have any basis to elect to be treated as one for tax purposes) and you could not have filed your 2019 taxes jointly because she wasn't your wife in 2019.

 

She'd only have to file US income taxes for 2019 (which is what you file for in 2020) if she had more than the minimum income threshold in 2019 (whether from work or other income), and was a US resident for tax purposes already.

 

If you were married by Dec 31, 2019 then she could elect to be treated as US resident for tax purposes, which would allow you to file jointly, and could possibly save you quite a bit of money (especially if she had no 2019 income, or very little, or only had income that can be excluded from federal taxes), but you would not be required to do that (and she'd need an SSN or ITIN to do that).

Edited June 22, 2020 by DaveAndAnastasia