Joint sponsor possible tax issue

[jaywave 2]

I have a couple of questions about I-864 Joint Sponsor:
Note: My mom wants to sponsor my wife, but I did not submit my mom's I-864 in the NVC stage because our current ligiid assets is way above the threshold. However, I want to be safe in the interview encase the interviewing officer ask for one.

 

1) My mom will be the joint sponsor. However, she is getting a divorce from her husband and almost in the final stages of her divorce. In Part 5. Sponsor's Household Size, it says "If you are currently married, enter "1" for your spouse". However, she doesn't live with her soon to be divorce husband and they haven't lived, and never had any contact with each other for a few years. How should we handle this situation? Should I leave it as blank?

 

2) My mom signed the document in mid-march of this year with her signature. The date is already inserted with her signature. Is it safe to still use that signature with that date?

 

3) Encase the interview officer ask for a joint sponsor, do I need to submit my mom's 2022 taxes with the I-864?

 

Thank you.

[Mike E 11,739]

1 hour ago, jaywave said:

 our current ligiid assets is way above the threshold

Are these assets at U.S. financial institutions and denominated in U.S. dollars?
 

1. She is still married. So enter 1 for her spouse

 

2. I would get a new one, especially because of 3

 

3. 2022 tax transcript is needed. You need a new I-864 from her.

[jaywave 2]

12 hours ago, Mike E said:

Are these assets at U.S. financial institutions and denominated in U.S. dollars?

In a Korean bank account, but our Korean bank can give us a USD statement. If that makes any sense.

 

12 hours ago, Mike E said:

1. She is still married. So enter 1 for her spouse

 

2. I would get a new one, especially because of 3

 

3. 2022 tax transcript is needed. You need a new I-864 from her.

 

The issue that we are having with this is that my mom was filing single for a while because she doesn't know her husband's (almost ex) SSN. My mom was audited a few years ago, but they never mentioned or cared about if she filed single. How can I use my mom's 2022 Tax if my mom doesn't file Married But Filling Separately? I'm guessing the interview officer will not accept the I-864 because of this.

 

Note: Also, her Tax man who does her taxes tells her to file single.

[Mike E 11,739]

43 minutes ago, jaywave said:

In a Korean bank account, but our Korean bank can give us a USD statement. If that makes any sense.

Not ideal. Why aren’t these in a U.S. bank?

 

49 minutes ago, jaywave said:

How can I use my mom's 2022 Tax if my mom doesn't file Married But Filling Separately? I'm guessing the interview officer will not accept the I-864 because of this.

You need a different joint sponsor.

 

[pushbrk 12,881]

1 hour ago, jaywave said:

In a Korean bank account, but our Korean bank can give us a USD statement. If that makes any sense.

 

 

The issue that we are having with this is that my mom was filing single for a while because she doesn't know her husband's (almost ex) SSN. My mom was audited a few years ago, but they never mentioned or cared about if she filed single. How can I use my mom's 2022 Tax if my mom doesn't file Married But Filling Separately? I'm guessing the interview officer will not accept the I-864 because of this.

 

Note: Also, her Tax man who does her taxes tells her to file single.

This is not an issue for the affidavit of support.  If your liquid assets are comfortably more that required, you probably don't need a joint sponsor though.

19 minutes ago, Mike E said:

 

 

You need a different joint sponsor.

 

 

I strongly disagree.  The filing status is never an issue with Consular Officers.

[jaywave 2]

7 hours ago, pushbrk said:

If your liquid assets are comfortably more that required, you probably don't need a joint sponsor though.

 

I'm just preparing one just encase I need one because I'll never know. Do you know what should I do about Part 5. Sponsor's Household Size, where it says "If you are currently married, enter "1" for your spouse"? What can I enter if my mom files single and she doesn't have any contact with her husband (soon to be ex)? 

[pushbrk 12,881]

11 hours ago, jaywave said:

 

I'm just preparing one just encase I need one because I'll never know. Do you know what should I do about Part 5. Sponsor's Household Size, where it says "If you are currently married, enter "1" for your spouse"? What can I enter if my mom files single and she doesn't have any contact with her husband (soon to be ex)? 

You have already been told to enter 1 there, and I told you the Consulate doesn't care about her tax filing status.

[jaywave 2]

My mom agreed to be our joint sponsor. Long story short, my mom is currently married (almost divorce with her husband), but files single because she has been separated from her husband for many years. Her tax guy in the past told her to file single in the past, so she has been filing single every single year since then. She can't file MFS because she doesn't know her spouse SSN.

 

I'm wondering if someone had a similar experience or knows the right answer. Is it safe to submit my mom's tax return to the interview officer even though her filing status is not correct? Also, in Part 5 of the I-864, it says put "1" if you are currently married. So it might be an issue later because it doesn't make sense that my mom files single and she has to put "1" in currently married. What should we do in this situation?

[Ban Hammer 13,334]

related topics merged. 

[Mike E 11,739]

54 minutes ago, jaywave said:

What should we do in this situation?

You should stay away from perjury and tax evasion.

[Lil bear 4,201]

1 hour ago, Mike E said:

You should stay away from perjury and tax evasion.

🤪

[pushbrk 12,881]

8 hours ago, Mike E said:

You should stay away from perjury and tax evasion.

Of course, but if you are calling overpayment of taxes, by filing single either one of those things, they aren't.

 

I, and many others filed single during my spouse visa process, and then amended my tax filings later.

 

If you work for the IRS, you'll lose your job for doing this, but when it comes to sponsoring an immigrant, it's a non-issue.

 

[Mike E 11,739]

5 hours ago, pushbrk said:

but if you are calling overpayment of taxes, by filing single either one of those things, they aren't.

Taxes are higher filing MFS than filing single.

 

5 hours ago, pushbrk said:

I, and many others filed single during my spouse visa process

So you got away it. What is your point?

[pushbrk 12,881]

6 minutes ago, Mike E said:

Taxes are higher filing MFS than filing single.

 

So you got away it. What is your point?

I made my point clear.  Consular officers don't care about the filing status.  I understand her filing was "improper", but it is not an issue in an immigrant visa process.  It just isn't.

[jaywave 2]

20 hours ago, Mike E said:

You should stay away from perjury and tax evasion.

Actually, even if my mom files Single or MFS, she still owes the same amount. I know, I redid her taxes either filing as "Single" or "MFS". Like I said before, she has already been audited. If she wasn't allowed to file as "Single", she would have been told by the person who audited her that she filed her taxes incorrectly. Also, the tax guy (not the auditor) who did her taxes is extremely careful when it comes to taxes, and he told her to file as "single". I'm not a tax expert, but I'm guessing my mom can file single. I don't know much about my mom's story with her husband.  Lastly, I'm not sure how this is perjury and/or tax evasion when she has already been audited?

 

 

6 hours ago, Mike E said:

Taxes are higher filing MFS than filing single.

I went back to her taxes, it was the same amount she owes for either filing as single and MFS.

 

 

To everyone her, I'm truly grateful at all the replies. I'm just hoping that the interviewing officer will not ask for a joint sponsor.