I-944/I-864: Petitioner is a dependent - who is in household?

[Panda678 4]

Hello,

 

I am the petitioner and my spouse is currently in the USA on a valid F-1 visa. We married 7/26/2020. We were nearly done with preparing our application to concurrently file I-130 and I-485 to adjust status. However, the I-944 is a big headache as expected and I ran into an extremely confusing dilemma. I am 22 and recently graduated from university and now make ~$40k a year as of November 2020. However, I only made a few thousand dollars in 2019 from an internship position, which is reflected in my tax return. Because of this, we decided to use my father as a joint-sponsor and file another I-864. However, I realized that my father has me listed as a dependent on his 2017, 2018, and 2019 tax returns (although I now have my own health insurance and my spouse is a beneficiary). Should my father (the joint sponsor) be listed as a member of our household income on the I-944 if he has me listed as a dependent? He even has me listed for 2020 as well since I moved out last year. My spouse and I live together in our own apartment. Does this mean I should be filing I-864A for my father instead of a separate I-864? Any guidance would be GREATLY APPRECIATED! I just need to know what him listing me as a dependent does to our application.

 

THANK YOU IN ADVANCE!

[Panda678 4]

This is in reference to I-944 form USCIS instructions Page 4, Item Number 1. Household, F) "Any individual who provides to you at least 50 percent of your financial support, or who lists you as a dependent on his or her federal income tax return." and how I should proceed if my intended I-864 joint sponsor has me listed as a dependent on his tax return when I am the petitioner.

[Ayrton 965]

4 hours ago, Panda678 said:

Hello,

 

I am the petitioner and my spouse is currently in the USA on a valid F-1 visa. We married 7/26/2020. We were nearly done with preparing our application to concurrently file I-130 and I-485 to adjust status. However, the I-944 is a big headache as expected and I ran into an extremely confusing dilemma. I am 22 and recently graduated from university and now make ~$40k a year as of November 2020. However, I only made a few thousand dollars in 2019 from an internship position, which is reflected in my tax return. Because of this, we decided to use my father as a joint-sponsor and file another I-864. However, I realized that my father has me listed as a dependent on his 2017, 2018, and 2019 tax returns (although I now have my own health insurance and my spouse is a beneficiary). Should my father (the joint sponsor) be listed as a member of our household income on the I-944 if he has me listed as a dependent? He even has me listed for 2020 as well since I moved out last year. My spouse and I live together in our own apartment. Does this mean I should be filing I-864A for my father instead of a separate I-864? Any guidance would be GREATLY APPRECIATED! I just need to know what him listing me as a dependent does to our application.

 

THANK YOU IN ADVANCE!

I-944 Is filled out by the applicant (immigrant), not the sponsor. So when it says "you", it refers to the immigrant. 

 

You don't need a joint sponsor since you are now making enough to be above the poverty line. Your Current Annual Income is what matters.

 

If you still want to have a joint sponsor just to be on the safe side, then your father will fill out a 864, not 864a. When he fills out his own 864, he will list both you and your spouse on as part of their household (your spouse because it's being sponsored, and you because you were a dependent on the latest tax return).

 

Your parents are not part of your spouse's household for the purpose of filling out the 944.

Edited January 21, 2021 by Ayrton

[Panda678 4]

12 hours ago, Ayrton said:

I-944 Is filled out by the applicant (immigrant), not the sponsor. So when it says "you", it refers to the immigrant. 

 

You don't need a joint sponsor since you are now making enough to be above the poverty line. Your Current Annual Income is what matters.

 

If you still want to have a joint sponsor just to be on the safe side, then your father will fill out a 864, not 864a. When he fills out his own 864, he will list both you and your spouse on as part of their household (your spouse because it's being sponsored, and you because you were a dependent on the latest tax return).

 

Your parents are not part of your spouse's household for the purpose of filling out the 944.

Thank you! This is exactly what I needed to know. I-944 seems to only give the opportunity to demonstrate income based off the most recent tax return. Will our application still be considered if I do not meet the poverty guidelines income requirement on the I-944? Neither does my spouse since she is an F-1 student not authorized to work. I am able to meet the income requirements on the I-864 form with proof of current income and a joint sponsor as a safety net.

[Ayrton 965]

38 minutes ago, Panda678 said:

Thank you! This is exactly what I needed to know. I-944 seems to only give the opportunity to demonstrate income based off the most recent tax return. Will our application still be considered if I do not meet the poverty guidelines income requirement on the I-944? Neither does my spouse since she is an F-1 student not authorized to work. I am able to meet the income requirements on the I-864 form with proof of current income and a joint sponsor as a safety net.

The affidavit of support is the 864. That's what it's taken into consideration to determine if the sponsor meets or not the income requirements.

[Panda678 4]

4 hours ago, Ayrton said:

The affidavit of support is the 864. That's what it's taken into consideration to determine if the sponsor meets or not the income requirements.

Okay, thank you so much! I was worried because obviously my income on tax return of ~$4400 for 2019 is not gonna cut it on the I-944... but it is required for me to enter as petitioner/household member I believe.

[Ayrton 965]

7 hours ago, Panda678 said:

Okay, thank you so much! I was worried because obviously my income on tax return of ~$4400 for 2019 is not gonna cut it on the I-944... but it is required for me to enter as petitioner/household member I believe.

You also have to enter the Total Income from the returns in the 864 on question 24, but question 7-20 Is what matters. Just make sure to send stuff that supports your Current Income.