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Cndn

Confused about MFJ taxes and public charge determination

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My husband and I have filed MFJ for the past 2 years since we got married. Still waiting for my green card interview (Seattle). Because it’s MFJ, $12,200 is deducted from his taxes for me. So when the IO looks at his AGI to determine if he can maintain me financially to where I won’t become a “public charge,” isn’t he kind of counting me twice? $12,000 from the number has already been deducted for me, and then he’s looking at that number left over and judging whether or not he’ll be able to support me? Do they consider the fact that the spouse has lowered the number by $12,000?

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Filed: Citizen (pnd) Country: Brazil
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13 minutes ago, Cndn said:

My husband and I have filed MFJ for the past 2 years since we got married. Still waiting for my green card interview (Seattle). Because it’s MFJ, $12,200 is deducted from his taxes for me. So when the IO looks at his AGI to determine if he can maintain me financially to where I won’t become a “public charge,” isn’t he kind of counting me twice? $12,000 from the number has already been deducted for me, and then he’s looking at that number left over and judging whether or not he’ll be able to support me? Do they consider the fact that the spouse has lowered the number by $12,000?

1. They look at Total Income, not AGI.

 

2. The way you file taxes has nothing to do with public charge.

 

3. The deductions on the taxes has nothing to do with sponsoring you.

Edited by Ayrton
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Filed: AOS (apr) Country: Philippines
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17 minutes ago, Cndn said:

My husband and I have filed MFJ for the past 2 years since we got married. Still waiting for my green card interview (Seattle). Because it’s MFJ, $12,200 is deducted from his taxes for me. So when the IO looks at his AGI to determine if he can maintain me financially to where I won’t become a “public charge,” isn’t he kind of counting me twice? $12,000 from the number has already been deducted for me, and then he’s looking at that number left over and judging whether or not he’ll be able to support me? Do they consider the fact that the spouse has lowered the number by $12,000?

Total income not AGI or taxable income.

 

Just for clarity,  the 12,200 is deducted AFTER AGI to arrive at taxable income not before. 

YMMV

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