IR5 for mother - I am the petitioner and on divorce process, what filing status would be filed as AOS if not divorced yet this year.

[Zen Zu 0]

I am the petitioner and bringing my mother here in California, on the process of divorce, started last year.

Now we are at NVC process, My AOS is my problem.

Do I have to file married filing separately ? Or if I am qualified for married filing jointly ( Dec 31, 2020 the whole no divorce decree yet), Do I have to include his W2 s to submit? We are not living together anymore.

Please advise. 

[Unlockable 7,315]

Are you are US citizen? That is the most important part.

 

Why did you say?

Quote

My AOS is my problem.

Please clarify.

Edited February 3, 2021 by Unlockable

[Zen Zu 0]

Yes I am a USC.

[Zen Zu 0]

4 minutes ago, Unlockable said:

Are you are US citizen? That is the most important part.

 

Why did you say?

Please clarify.

I am a USC. I will be submitting IRS tax documents for the Affidavit of Support. My income per se is enough to sponsor my mom. But because my divorce is not final yet, I may qualify to file MFJ for the 2020 tax year and his W2s will be submitted right. Does it make sense if we are not living together anymore?

Another question  is if I file MFS do I have to include the divorce papers to NVC?

[Unlockable 7,315]

Ah, I see. When you say AOS you meant Affidavit of Support. AOS is also used mostly here for Adjustment of Status. So I thought you were going through adjustment of status and wanting to sponsor your mom. All good now. Thanks for the clarification.

 

To answer your questions, even if you are still in the divorce process, you can still sponsor your mother. You don't have to be divorced to sponsor her. This is your case for your mother. Your ex and your relationship with him/her will not play a role in your petition for your mother. They will focus on your income more than your tax filing status. You and your ex not living together is not going to be an issue. 

[JeanneAdil 6,610]

you can file MFS and do not need him or his W2 for the process if you make enough for sponsoring your mom

 

[Zen Zu 0]

On 2/3/2021 at 2:47 AM, Unlockable said:

Ah, I see. When you say AOS you meant Affidavit of Support. AOS is also used mostly here for Adjustment of Status. So I thought you were going through adjustment of status and wanting to sponsor your mom. All good now. Thanks for the clarification.

 

To answer your questions, even if you are still in the divorce process, you can still sponsor your mother. You don't have to be divorced to sponsor her. This is your case for your mother. Your ex and your relationship with him/her will not play a role in your petition for your mother. They will focus on your income more than your tax filing status. You and your ex not living together is not going to be an issue. 

Thank you. Now there is something that caught my attention to ask. During submission of documents (NVC) do i need to submit my marriage cert ( no divorce order at this time). 

I filed tax MFS and the tax accountant entered information about when did i file. Do i have to include also the divorce paper? YOur help is reatly appreciated.

[Zen Zu 0]

Now there is something that caught my attention to ask. During submission of documents (NVC) do i need to submit my marriage cert ( no divorce order at this time). 

I filed tax MFS and the tax accountant entered information about when did i file. Do i have to include also the divorce paper? Any input would be appreciated. 

[payxibka 10,047]

Your marital or non marital status does not determine the relationship with your mom.   For an IR5 petition, your marital status is irrelevant.

[Zen Zu 0]

On 4/16/2021 at 12:40 PM, payxibka said:

Your marital or non marital status does not determine the relationship with your mom.   For an IR5 petition, your marital status is irrelevant.

Thank you so much for your clarification.

There is one more I encounter, pLease help me:

 

• Use the correct numbers on the I-864/I-864EZ for past year's incomes. As it states RIGHT IN THE QUESTION, if you filed a 1040 (or 1040A), then use total income, and if you filed a 1040EZ, then use adjusted gross income. If you filed jointly, then make sure you use the combined income (since it doesn't separate the incomes) and then submit W2s to show individual income.

I use I -864 and MFS status so I used this to sponsor my mom. There is a Question in Part 6. Sponsor's income and Employment:

Most recent tax year:

2020    >>>>>> Total income : I enter here my icome alone because MFS i filed divorce

2019 >>>>>>>>> Total income  : what income to enter - this is Married filed Jointly

2018 >>>>>>>>>> Total income: same problem : Do i have put the total income filed jointly with W2 of individual or just my income alone but this is filed jointly?

 

i do not want checklist. Please help.

[payxibka 10,047]

3 minutes ago, Zen Zu said:

Thank you so much for your clarification.

There is one more I encounter, pLease help me:

 

• Use the correct numbers on the I-864/I-864EZ for past year's incomes. As it states RIGHT IN THE QUESTION, if you filed a 1040 (or 1040A), then use total income, and if you filed a 1040EZ, then use adjusted gross income. If you filed jointly, then make sure you use the combined income (since it doesn't separate the incomes) and then submit W2s to show individual income.

I use I -864 and MFS status so I used this to sponsor my mom. There is a Question in Part 6. Sponsor's income and Employment:

Most recent tax year:

2020    >>>>>> Total income : I enter here my icome alone because MFS i filed divorce

2019 >>>>>>>>> Total income  : what income to enter - this is Married filed Jointly

2018 >>>>>>>>>> Total income: same problem : Do i have put the total income filed jointly with W2 of individual or just my income alone but this is filed jointly?

 

i do not want checklist. Please help.

For older years, use total income from joint returns.   These numbers are meaningless for determining your ability to sponsor.  You will provide tax transcript for most recent year.

[Zen Zu 0]

1 hour ago, payxibka said:

For older years, use total income from joint returns.   These numbers are meaningless for determining your ability to sponsor.  You will provide tax transcript for most recent year.

thank you so much! I really apprecaite it.

[Zen Zu 0]

On 4/19/2021 at 12:17 PM, payxibka said:

For older years, use total income from joint returns.   These numbers are meaningless for determining your ability to sponsor.  You will provide tax transcript for most recent year.

Thank you agian.

I am here about Sponsors household size:

I am currently married but I filed a divorce but no final decree order yet. Do I have to count him even he is not living with us anymore in our household. He lives with his parents and moved out.

[Zen Zu 0]

On 2/3/2021 at 4:58 AM, JeanneAdil said:

you can file MFS and do not need him or his W2 for the process if you make enough for sponsoring your mom

 

Thank you, i have a follow up question, completing the household size : I am still married but he is not living with us anymore and the divorce is on process, no final decree yet, do i have to enter " O" or 1 as if I am currently married.

[payxibka 10,047]

1 minute ago, Zen Zu said:

Thank you, i have a follow up question, completing the household size : I am still married but he is not living with us anymore and the divorce is on process, no final decree yet, do i have to enter " O" or 1 as if I am currently married.

Is he in your house?