Dependent

[Sweety sweety 4]

My husband is 25 years old and his mom is divorced and claimed him as a dependent in her federal income tax,  they both are US citizen ...My Brother is a US citizen too and he is our joint sponsor for our IR1 visa ...so form my husband side who is my sponsor what documents I have to submit ? Should I submit his mom income tax documents ...and will that gonna have a bad impact ??

Edited June 30, 2020 by Sweety sweety

[Wuozopo 4,293]

11 hours ago, Sweety sweety said:

My husband is 25 years old and his mom is divorced and claimed him as a dependent in her federal income tax,  they both are US citizen ...My Brother is a US citizen too and he is our joint sponsor for our IR1 visa ...so form my husband side who is my sponsor what documents I have to submit ? Should I submit his mom income tax documents ...and will that gonna have a bad impact ??

Your husband is your primary sponsor and must submit his own tax return or a valid reason why he was not required to file.  His mother claiming him as a dependent on her return is not a valid reason.

 

Did he earn any income in 2019?
Was he married in 2019?

 

[Sweety sweety 4]

2 hours ago, Wuozopo said:

Your husband is your primary sponsor and must submit his own tax return or a valid reason why he was not required to file.  His mother claiming him as a dependent on her return is not a valid reason.

 

Did he earn any income in 2019?
Was he married in 2019?

 

Yes he worked and earned in 2019 but his income is below the poverty guid line  and he was married to me in 2018 .. when he wanted to file for 2019 he got to know from his mom that she already filed and claimed him as a dependent !! What I’m Supposed to do now ..can he file now or no ? And if so is that gonna harm her mom ?

Edited June 30, 2020 by Sweety sweety

[Wuozopo 4,293]

2 hours ago, Sweety sweety said:

Yes he worked and earned in 2019 but his income is below the poverty guid line  and he was married to me in 2018 .. when he wanted to file for 2019 he got to know from his mom that she already filed and claimed him as a dependent !! What I’m Supposed to do now ..can he file now or no ? And if so is that gonna harm her mom ?

His mum claimed him as a dependent whom she supports to lower her taxes. She could get up to $500 off her taxes by writing in his name on her return.  It does not mean she reported his income and paid the tax owed on his earnings. 

For a married person who is listed as a dependent on another person’s return

You must file a return if any of the following apply.
• Your unearned income was over $1,100. (That might be interest and dividends from investments)
• Your earned income was over $12,200. (His income from a job)
• N/A Your gross income was at least $5 and your spouse files a separate return and itemizes deductions.
• Your gross income was more than the larger of—
• $1,100, or
• Your earned income (up to $11,850) plus $350.

 

Do you know if he earned more than $12,200 in 2019, which is the most likely reason  he would be required to file a return.

 

If he didn’t earn that much, but had taxes held out of each paycheck, he could get that money back by filing.

 

 

Edited June 30, 2020 by Wuozopo

[Sweety sweety 4]

27 minutes ago, Wuozopo said:

His mum claimed him as a dependent whom she supports to lower her taxes. She could get up to $500 off her taxes by writing in his name on her return.  It does not mean she reported his income and paid the tax owed on his earnings. 

For a married person who is listed as a dependent on another person’s return

You must file a return if any of the following apply.
• Your unearned income was over $1,100. (That might be interest and dividends from investments)
• Your earned income was over $12,200. (His income from a job)
• N/A Your gross income was at least $5 and your spouse files a separate return and itemizes deductions.
• Your gross income was more than the larger of—
• $1,100, or
• Your earned income (up to $11,850) plus $350.

 

Do you know if he earned more than $12,200 in 2019, which is the most likely reason  he would be required to file a return.

 

If he didn’t earn that much, but had taxes held out of each paycheck, he could get that money back by filing.

 

 

Yes he didn’t earn that much ... I’m only concerned about the income tax doc which consulate will ask me to provide during my interview .. so you mean he still can file although his mom claimed him dependent ..and that Won’t be illegal at all !! Because he is saying that his name is already in the system And he can’t file !

Edited June 30, 2020 by Sweety sweety

[Sweety sweety 4]

15 minutes ago, Sweety sweety said:

Yes he didn’t earn that much ... I’m only concerned about the sponsors income tax doc which consulate will ask me to provide during my interview .. so you mean he still can file although his mom claimed him dependent ..and that Won’t be illegal at all !! Because he is saying that his name is already in the system And he can’t file !

 

[Wuozopo 4,293]

26 minutes ago, Sweety sweety said:

I’m only concerned about the income tax doc which consulate will ask me to provide during my interview .

But if he wasn’t required to file, then you don’t have a tax document or need one. That’s why you figure out first if he was required to file. Seems like NO he was not required to file. From the instructions for Form I-864:

 

If you were not required to file a Federal income tax return under U.S. tax
law because your income was too low, attach a typed or printed explanation. 
 

So instead of a tax return, he types and signs a statement explaining why he was not required to file. Attach it behind the I864 where a tax return would normally be attached. Be specific. 
In tax year 2019 my earnings were $xxxx.xx. Because I was married and also claimed as a dependent on my parent’s return, the threshold for filing was $12,200. I was under that threshold and was not required to file a 2019 tax return.

If he doesn’t include that statement, your joint sponsors will be rejected too. He has to get his part right before they look at the rest of it.

 

 

26 minutes ago, Sweety sweety said:

so you mean he still can file although his mom claimed him dependent ..and that Won’t be illegal at all !! Because he is saying that his name is already in the system And he can’t file !

Yes he can file. He is wrong. His name is in the system as a dependent, not as a person who filed a return. He can file by July 15 if he chooses to file. He will get back any tax money held out of his check.  Or if he doesn’t want to file, he can write the statement for the immigration form.

Edited June 30, 2020 by Wuozopo

[Sweety sweety 4]

30 minutes ago, Wuozopo said:

But if he wasn’t required to file, then you don’t have a tax document or need one. That’s why you figure out first if he was required to file. Seems like NO he was not required to file. From the instructions for Form I-864:

 

If you were not required to file a Federal income tax return under U.S. tax
law because your income was too low, attach a typed or printed explanation. 
 

So instead of a tax return, he types and signs a statement explaining why he was not required to file. Attach it behind the I864 where a tax return would normally be attached. Be specific. 
In tax year 2019 my earnings were $xxxx.xx. Because I was married and also claimed as a dependent on my parent’s return, the threshold for filing was $12,200. I was under that threshold and was not required to file a 2019 tax return.

If he doesn’t include that statement, your joint sponsors will be rejected too. He has to get his part right before they look at the rest of it.

 

 

Yes he can file. He is wrong. His name is in the system as a dependent, not as a person who filed a return. He can file by July 15 if he chooses to file. He will get back any tax money held out of his check.  Or if he doesn’t want to file, he can write the statement for the immigration form.

Thank you so much for your guidance ...I’m sure he will file after knowing he can..and if still he doesn’t want for any kind of reason ..then as u said he can write the statement  which you provided me .. thanx a lot, that’s so nice of you 

Edited June 30, 2020 by Sweety sweety