BOTH parents as co-sponsors on I-134?

[Liz_Allan 0]

I just realized we posted this question to the wrong forum..... if one of the moderators could go delete the identical question I posted in K-1 forum, I'd appreciate it. I just don't know how to delete it or I'd do it myself.

Now for the question-

My parents are helping as cosponsors because my income is right on the border of qualifying and I have not been at my job long enough to have the tax forms to sponsor my K-1 visa fiance on my own. We are filing in San Jose, Costa Rica.

My mom & dad file taxes as married, with a joint return.

My dad has the largest part of the income (more than 66% of the total income). Dad's income alone is more than sufficient to be a co-sponsor but we've read of others who were given a RFE because the joint tax filer (spouse) did not fill out an I-134 form also, so we decided it would probably be wisest to have mom fill out a I-134 also in case we need it.

Our question has to do with #8 on the form.

Who do we put as dependents?? Do we put the same dependents on BOTH forms (filling out separate I-134 forms for both of them)?? Or do we just put the dependents on Dad's form and none on mom's, since he has the much larger income?

2009 tax form lists myself (I was in college and they claimed me as their dependent) plus my sister (16 yrs old). 2009 form also lists mom & dad as having the joint income wiht mom self-employed for her portion so it's on a totally different line of the form.

Added complication is that they have adopted my little brother now, he is not on the 2009 tax form but his adoption is final so he will be a 2010 dependent on tax forms.

Should they have it like this

Option A

1. Sister (wholly dependent)

2. Brother (wholly dependent)

or

Option B

1. Sister (partially dependent)

2. Brother (partially dependent)

or

should they just list my sister, since my brother is not on the 2009 tax forms? They do have an adoption decree that they could show if needed.

or should they also list me, even though I'm filling out a separate I-134 form? I was on the 2009 form is the only reason why we thought I might need to be on there. I did file my own taxes, they were just not enough to qualify on my own as I was in college full time. I'm working full time now so the income has gone way up, but not on the job long enough to have filed a tax form to report that income. I do have an employment letter.

This is our last document to get together, we have everything else and we just realized it's a little more complicated than we thought since they file jointly.

Input please?

[pushbrk 12,234]

I just realized we posted this question to the wrong forum..... if one of the moderators could go delete the identical question I posted in K-1 forum, I'd appreciate it. I just don't know how to delete it or I'd do it myself.

Now for the question-

My parents are helping as cosponsors because my income is right on the border of qualifying and I have not been at my job long enough to have the tax forms to sponsor my K-1 visa fiance on my own. We are filing in San Jose, Costa Rica.

My mom & dad file taxes as married, with a joint return.

My dad has the largest part of the income (more than 66% of the total income). Dad's income alone is more than sufficient to be a co-sponsor but we've read of others who were given a RFE because the joint tax filer (spouse) did not fill out an I-134 form also, so we decided it would probably be wisest to have mom fill out a I-134 also in case we need it.

Our question has to do with #8 on the form.

Who do we put as dependents?? Do we put the same dependents on BOTH forms (filling out separate I-134 forms for both of them)?? Or do we just put the dependents on Dad's form and none on mom's, since he has the much larger income?

2009 tax form lists myself (I was in college and they claimed me as their dependent) plus my sister (16 yrs old). 2009 form also lists mom & dad as having the joint income wiht mom self-employed for her portion so it's on a totally different line of the form.

Added complication is that they have adopted my little brother now, he is not on the 2009 tax form but his adoption is final so he will be a 2010 dependent on tax forms.

Should they have it like this

Option A

1. Sister (wholly dependent)

2. Brother (wholly dependent)

or

Option B

1. Sister (partially dependent)

2. Brother (partially dependent)

or

should they just list my sister, since my brother is not on the 2009 tax forms? They do have an adoption decree that they could show if needed.

or should they also list me, even though I'm filling out a separate I-134 form? I was on the 2009 form is the only reason why we thought I might need to be on there. I did file my own taxes, they were just not enough to qualify on my own as I was in college full time. I'm working full time now so the income has gone way up, but not on the job long enough to have filed a tax form to report that income. I do have an employment letter.

This is our last document to get together, we have everything else and we just realized it's a little more complicated than we thought since they file jointly.

Input please?

One parent, not both, can act as a cosponsor. When asked about the people dependent, answer truthfully in the present tense. The sponsor states only their own personal income and then provides the complete tax return and pay stubs to document it. Sounds like, Dad is the go to guy on this as he has the qualifying employment income.

[Liz_Allan 0]

One parent, not both, can act as a cosponsor. When asked about the people dependent, answer truthfully in the present tense. The sponsor states only their own personal income and then provides the complete tax return and pay stubs to document it. Sounds like, Dad is the go to guy on this as he has the qualifying employment income.

Thanks!!!

So does Dad put mom as a dependent? She already has her own income but is self employed. They filed joint taxes and we obviously have all the transcripts, just want to be sure to fill out the form right.

I've seen other posts on VJ that say to NOT put the spouse/joint tax filer as a dependent if they are employed. Just so confusing as we don't have an exact format for this situation so we want to be sure to fill it out right.

Thanks, Pushbrk!

[pushbrk 12,234]

Thanks!!!

So does Dad put mom as a dependent? She already has her own income but is self employed. They filed joint taxes and we obviously have all the transcripts, just want to be sure to fill out the form right.

I've seen other posts on VJ that say to NOT put the spouse/joint tax filer as a dependent if they are employed. Just so confusing as we don't have an exact format for this situation so we want to be sure to fill it out right.

Thanks, Pushbrk!

I go by the I-864 instructions when listing dependents. Accordingly, a spouse is shown as part of the household size regardless of whether they work. What you do about this on the I-134 isn't critical but I assure you the Consular officer will consider the spouse in the household size regardless of whether they are listed as a dependent on the affidavit. I say list her.

[Liz_Allan 0]

I go by the I-864 instructions when listing dependents. Accordingly, a spouse is shown as part of the household size regardless of whether they work. What you do about this on the I-134 isn't critical but I assure you the Consular officer will consider the spouse in the household size regardless of whether they are listed as a dependent on the affidavit. I say list her.

Thanks!

We'll be sure to put her on the list. There isn't room for me on the list but since I'm filling out my own I-134 and have a job, will be bringing the employment letter and pay check stubs and my tax transcripts, I think they won't be upset and like you said, they'll consider me part of the list anyway.

[pushbrk 12,234]

Thanks!

We'll be sure to put her on the list. There isn't room for me on the list but since I'm filling out my own I-134 and have a job, will be bringing the employment letter and pay check stubs and my tax transcripts, I think they won't be upset and like you said, they'll consider me part of the list anyway.

They wouldn't need to consider you as part of your father's household if you are not currently a dependent.

[Liz_Allan 0]

They wouldn't need to consider you as part of your father's household if you are not currently a dependent.

That's great, thanks for the insight.

I do make enough now with the new job to qualify on my own to bring my fiance here, I just don't have the tax returns to prove it yet so we're bringing dad as a co-sponsor just as added "insurance" to be sure we don't have to come back later with those same documents.

Would hate to be given a note to come back with those when we can bring them in the first place.

We'll be living in my parent's garage apartment until we can save up enough $ to get our own place. The sooner the better but if we have to delay it for a month or so until we can get the AOS filed after the wedding, then we'll do that!

Thanks for the advice, it is really a big deal to hear from you!

[pushbrk 12,234]

That's great, thanks for the insight.

I do make enough now with the new job to qualify on my own to bring my fiance here, I just don't have the tax returns to prove it yet so we're bringing dad as a co-sponsor just as added "insurance" to be sure we don't have to come back later with those same documents.

Would hate to be given a note to come back with those when we can bring them in the first place.

We'll be living in my parent's garage apartment until we can save up enough $ to get our own place. The sooner the better but if we have to delay it for a month or so until we can get the AOS filed after the wedding, then we'll do that!

Thanks for the advice, it is really a big deal to hear from you!

Be sure to use pay stubs and/or an employment letter as evidence of your current income.