Question about K1 Tax.

[Nich-Nick 3,353]

I don't get what the question is either.

is it legal for a joint sponsor (a person not your spouse)to file on their taxes?

A person files taxes every year by April 15, but they don't file ON their taxes. So that's why it's unclear what the problem/question is.

If you mean, can the co-sponsor deduct you as their dependent and get a little money off their tax bill.... probably not because dependents, in most cases, are qualifying children of the person filing.

If you mean can you file a joint return with your husband for 2008. Yes if you were married in 2008 and do other things as mentioned above. But that was due in April.

Edited July 21, 2009 by Nich-Nick

[Usui Takumi 1,562]

Oh I get what he's asking, yeah that doesn't work.

I thought he was trying to file a return and add his wife on to it and claim her as a dependent...which also doesn't work. I was going to lead him down the road to the exclusion or credit option but I guess that's not what he wants.

[TracyTN 237]

You were to send in the I 864 with your adjustment of status package - did you not do that?

[Hey 0]

November, but would that matter? it isn't really for me, it would be done through H&R block, it would be because the person who is sponsoring us is claiming her as she is sponsoring someone. We have most of the paper work, we should need a number I guess? A Number is the only number we have and we were not sure if it'd be legal or not, but we do know H&R block would tell us whether it was or not once filed, but I wanted to double check. thanks.

Also in the paper we have it says daughter in laws qualify.

Edited July 22, 2009 by Hey

[Usui Takumi 1,562]

Ah then in that situation yes he can, but check the qualifying rules regarding her gross income etc.

I'm really ssorry I didn't understand what you were asking until just now.

Edited July 22, 2009 by lancer1655

[Usui Takumi 1,562]

And for everyone's random knowledge...pretty much any family member can be a dependent. The only exceptions are uncles/aunts etc who are not blood related..and spouses.

Edited July 22, 2009 by lancer1655

[payxibka 10,044]

immigration status or situation is totally separate from taxes...

If a person meets the criteria to be a dependent on someone's tax return then they can be claimed... the individual's immigration status is only a small part of the decision criteria

[Usui Takumi 1,562]

immigration status or situation is totally separate from taxes...

If a person meets the criteria to be a dependent on someone's tax return then they can be claimed... the individual's immigration status is only a small part of the decision criteria

I believe the general rule is that you have to provide at least 50% of the dependents income in order to claim them.

[Hey 0]

No need to apologize Lancer. Payxibka what do you mean by "the individual's immigration status is only a small part of the decision criteria" Would filing it cause any problems? thanks.

[Anh map 2,098]

Please just tell us the exact details of who you are asking about.

What is the relationship between the people in your question? Family? Friends?

[Anh map 2,098]

Here is a link to a tutorial on the IRS website about determining a person's dependent status. http://www.irs.gov/app/understandingTaxes/...tt_mod04_01.jsp

I hope that this helps to answer your question.

[Hey 0]

The people are me, my wife who originally had the K-1 Visa and my Mother who is the joint sponsor. Thanks

[Anh map 2,098]

That tutorial will take you through the questions to determine if mom can claim you and your wife.

If you are a full time student earning a small amount of money (I think less than $3500) where you file a tax return to reclaim all the witholding taken during the year you may qualify.

If your wife isn't working or earning a small amount of money and mom provides more than 50% of the total support she may qualify.

[payxibka 10,044]

No need to apologize Lancer. Payxibka what do you mean by "the individual's immigration status is only a small part of the decision criteria" Would filing it cause any problems? thanks.

Generally speaking a dependent can be claimed ONLY if they are a resident alien (exceptions do apply)

for tax purposes, a non-USC individual can be considered either a resident alien or a non-resident alien...

there are two tests to determine if you are a resident alien... substantial presence or greencard

If you pass either test you are a resident alien. If you fail the test then you are a non-resident alien and no need to test for dependency

Then you need to determine if dependency is met... there are tests that you must do to determine this

If you meet the tests you can claim a person as a dependent... if not, then you cannot