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Help!! F4 Approved After 30yrs - Married Petitioner has Been Filing Single on Taxes? I-864?

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Filed: AOS (pnd) Country: South Africa
Timeline

My uncle was approved last April for an F4 visa, and I have since listed his wife and 2 of his children (unmarried, under 21) as derivatives.

Since I am filing my husband's AOS my family has put it upon me to help them come over from the Phillippines. We have paid all fees, and everyone is doing their DS-260s, so it's up to me to gather the civil documents.

My problem is my aunt has been filing her taxes as single for the past 3 tax cycles that she's shown me - probably even longer, through some "friend" an hour away from where we live. She is legally married (has been for over 30 years) and her husband does not work and more than likely gets retirement from military service and SSI(?) but she won't disclose it to me. Originally I told her to amend immediately as married filing separate but she asked me to do it since, and obviously I'm not a tax lawyer and I don't know how to file taxes with certain assets (they own their home, car, etc).

Can we not list the petitioner's income or taxes if we have two joint sponsors with sufficient income? Should I just send the tax documents with her single filing? Will it lead to her getting audited or the visa denied? I've been pressuring her to amend them ASAP but she also refuses to include her husband on any of the documents. This has literally put me in a hard place and dragging out the process (getting medical appt for my family, their interview). What can I do? Are there resources that amend taxes free of charge (can't amend through TurboTax)?

  1. My mother and I will be joint sponsors. My mother's household is (1), mine is (2).
  2. Our combined income and assets are well over $300k together.
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Filed: Citizen (apr) Country: Argentina
Timeline

hi

not possible, she has to amend her taxes, go to a person who is expert in preparing takes to correctly amend her taxes

the petitioner MUST always file an affidavit of support for each person being benefited, she can have joint sponsors, but the petitioner is always the primary sponsor

do you live with your mom in the same house? if not and you are both joint sponsors, you cannot combine income nor assets

to combine income, you must be household members, one of you will fill out the i864, the other will fill out the i864A as the household member

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1. The petitioner MUST submit income and tax information even if they do not meet the guidelines. You cannot not only send in joint sponsor’s information.

2. You combined income would not matter if it is submitted without the petitioners information.


You asked what you can do. You have already done your part by advising her to amend her taxes. Don’t take this as an insult but your aunt is being extremely stubborn on something that is highly important.

Issues noted:


She refuses to amend her taxes to show she is married or her husband’s income

She refuses to reveal to you her husband’s SSI or military benefits

She wants you to be responsible for her submitting her taxes which will most likely have important information missing


Just an observation but your post has many indications of you being pressured to do things which seem to be the biggest issue of all.


Quite honestly you should cease any further help on this as you have done all you can. Trying to find “a way” to move forward on this with these issues unresolved will almost guarantee a denial or an audit and regretfully could be involved.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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