Can a sponsored immigrant(F-1) join in sponsorship with both i864 and i864A forms?

[Owais 0]

I am on F-1 and applying for Green card through marriage to a US citizen. In 2009 i worked on campus so i have filed tax return this year(form 1040NR-EZ) with my total taxable income $7100.

Q-1:Can i also join in sponsorship?

Q-2: if answer to the above question is YES, then do i have to file the separate i864 along with i864A because me and wife are living together so i can be a household member?

Q-3: Is it necessary to submit current job letter because i am not working right now but i have tax return from last year?

My wife is going to school as well and she is living off the scholarship money because her dad shows her as her dependent. She is not employed at all in 2009 and so she didn't file tax return for herself although her dad did

Q-4: Since my wife is the main sponsor, does she still have to submit i864 for me along with other cosponsor's?

Q-5: if YES what she is gonna attach with form i.e she doesn't even have any tax return

For sponsor's household size 2, 125% poverty guidelines are $18,212.

Q-6: Is my wife contributing anything towards meeting this poverty guideline because she just has scholarship money?

Q-7: If my friend has $12,000 on his tax return, so can i use him as a cosponsor? because his $12,000 + $7100(mine) makes it more than $18,212 and my friend has no dependent on his tax return.

Thanks,

I would really appreciate if somebody can answer these questions at least just Yes or No.

OS

[rika60607 215]

Q1. Yes, if you have income and/or assets.

Q3. If you have no job and no other income, or assets, you can not be a sponsor. You may have to wait to file until you get a job.

Q6. Yes. She should have some official letter showing yearly amount of her scholarship.

Q7. If your friend has $12000 on his tax return, he can not use this to sponsor you, he is at the poverty line himself.

How much is your wife's scholarship?

Edited March 31, 2010 by rika60607

[Candy/SadanNasir 2]

I am on F-1 and applying for Green card through marriage to a US citizen. In 2009 i worked on campus so i have filed tax return this year(form 1040NR-EZ) with my total taxable income $7100.

Q-1:Can i also join in sponsorship?

It is my understanding that if you use your income from last year to help sponsor then you must furnish proof showing that this employment will continue after you are in the US, which is sounds like you already are. I'm not sure what the procedure is for F-1. Sorry to answer your question by referring to the instructions - I hate it when I get those answers - but I must do this.

Q-2: if answer to the above question is YES, then do i have to file the separate i864 along with i864A because me and wife are living together so i can be a household member?

If you live together you are a household member.

Q-3: Is it necessary to submit current job letter because i am not working right now but i have tax return from last year?

My wife is going to school as well and she is living off the scholarship money because her dad shows her as her dependent. She is not employed at all in 2009 and so she didn't file tax return for herself although her dad did

Q-4: Since my wife is the main sponsor, does she still have to submit i864 for me along with other cosponsor's?

Yes

Q-5: if YES what she is gonna attach with form i.e she doesn't even have any tax return

I just encountered this myself with our taxes for this year. I am currently living off of scholarships/grants/loans etc. My husband does not have a ITIN number yet, so we filed MFS (married filing single). On the form 1040 where it asks for spouses social security number I wrote in manually NRA (non resident alien). Because I was filing MFS I could not deduct educational expenses, claim lifetime learning credit or claim my spouse as personal exemption. I can file an amendment 30 days after the IRS receives and processes our taxes for the tax year 2009 and after I have a ITIN for yourself, by filing MFJ (married filing joint). I can obtain a ITIN number by going to the irs.gov website, printing out a form W7 and mailing it in with either a notarized statement concerning the validity of my husband's passport AND his national I.D. card or a the first item and one other item from the options given on the form. This will enable us to get rid of the tax obligation we encured as a result of not being able to deduct educational expenses, claim lifetime learning credit or claim my spouse as personal exemption. I will also be able to file as head of household which should wipe out our tax obligation all together or leave us with a small refund.

As for claiming my income from scholarships, grants, loans, etc. This was trickier. I could not claim any federal loans, (which is considered restricted income: only applicable for tuition and qualified expenses) only grants and scholarship which I lived off of AFTER tuition and qualified expenses were deducted. This amount is found on the form 1098-T, which I and which your wife should receive from her university every year for tax purposes. However, because I am receiving (1) a scholarship from the university, federal loans from the university, grants from the university; AND (2) and outside agency scholarship from another foundation, I organized all the documentation needed to show that after my university financial aid (including restricted federal loans), AND the fixed amount that is sent by the outside agency to the university was applied to my tuition every semester, I received refund from the university for living expenses.

Because I filed MFS married filing separate, I do not qualify for 'qualified expenses' deductions, which is good because even more of that refund that I receive every semester, can be applied towards by income (line 7 of W2). When I file MFJ later on, after obtaining a ITIN for my husband, I will have to show 'qualified expenses' deductions on the amended 1040, which will consist of gathering up all receipts for books and such.

For example:

Say you receive the following aid package:

Stafford loan: 100.00 bucks

Grant: 100.00

Scholarship: 100.00

Work Study: 100.00 and

you total tuition and qualified expenses are: 50.00

Your 1098-T will show only 200.00 in scholarships and grants and 50.00 tuition and qualified expenses BUT you received a refund from your university for 350.00 after your tuition was paid. So how do you show this as the money you lived off of for 2009? On line 7 of the 1040 you will write in any W2 income. To the left of line 7, on the dotted line, you write in manually 'SCH' and the amount 350.00. You attach documentation supporting this.

Make sense so far?

In short, all scholarship income, grants, loans etc. that is used ONLY for living expenses, AFTER being applied towards your wife's tuition and qualified expenses, that is used ONLY for living expenses and for which you can furnish documented proof, may be included on the dotted line, to the left of line 7 of the form 1040. Your AGI, line 22 I think, is line 7 + SCH to the left of line 7.

You won't be able to e-file. You will have to file manually.

***Note: I am not anyone's dependent so I don't know how this will work for your wife as she is claimed as a dependent by her father. I would consult a tax attorney, NOT H&R block people who make 8 bucks an hour doing data entry.

For sponsor's household size 2, 125% poverty guidelines are $18,212.

Q-6: Is my wife contributing anything towards meeting this poverty guideline because she just has scholarship money?

See above.

Q-7: If my friend has $12,000 on his tax return, so can i use him as a cosponsor? because his $12,000 + $7100(mine) makes it more than $18,212 and my friend has no dependent on his tax return.

It is my understanding that a USC can co-sponsor 'make up' the difference between the financial requirements for the I-864 and your total income + assets. Keep in mind you may also list checking, savings, investments etc. as assets to 'make up' for any difference however, if these are yours or your wife's, they must be equal to three times the amount of the difference.

I hope this was not too fragmented of an answer. I recently tackled this issue, or a similar one, myself so I am eager to help someone else navigate through this if I can.

Just an FYI, I recently received an RFE with a suggestion to obtain a co-sponsor so you are wise in doing this. I believe that in our case, our income is border line so we may have to do the same. I just don't want to leave you with the impression that this advise is 100 accurate or somehow full proof. It's only what we did and our taxes were accepted.

It's all there on the irs.gov website, it's just a matter of spending hours doing research. So now you know what I spent my spring break doing.......

Peace,

Candy Marie

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Thanks,

I would really appreciate if somebody can answer these questions at least just Yes or No.

OS

Edited March 31, 2010 by Candy/SadanNasir

[Owais 0]

Q1. Yes, if you have income and/or assets.

Q3. If you have no job and no other income, or assets, you can not be a sponsor. You may have to wait to file until you get a job.

Q6. Yes. She should have some official letter showing yearly amount of her scholarship.

Q7. If your friend has $12000 on his tax return, he can not use this to sponsor you, he is at the poverty line himself.

How much is your wife's scholarship?

Her scholarship money is $17,700(After the tuition has been taken out) but she doesn't file taxes. Her dad does it for her putting her as a dependent.

And since there can be a maximum of 2 cosponsor's so what if i find another cosponsor than makes more than $8000 annually? and then the 2 cosponsors combined would be more then $18,000 above the poverty level.

Thanks

Owais