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if i filed 3 dependents last year ????

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Filed: K-1 Visa Country: Vietnam
Timeline

hi,i filed me and my 2 kids last year.so i just thought maybe i can file 1 from now on and let my ex wife claim my kids will this be ok.also i thought just have my mom file joint sponser and still claim 1 should be more than enough but do i need to have my dad on there too or is my mom ok if she makes enough???i dont know how explain this very well

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hi,i filed me and my 2 kids last year.so i just thought maybe i can file 1 from now on and let my ex wife claim my kids will this be ok.also i thought just have my mom file joint sponser and still claim 1 should be more than enough but do i need to have my dad on there too or is my mom ok if she makes enough???i dont know how explain this very well

Are you referring to claiming dependents on a tax return or on an Affidavit of Support?


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Filed: K-1 Visa Country: Vietnam
Timeline

hi,i filed me and my 2 kids last year.so i just thought maybe i can file 1 from now on and let my ex wife claim my kids will this be ok.also i thought just have my mom file joint sponser and still claim 1 should be more than enough but do i need to have my dad on there too or is my mom ok if she makes enough???i dont know how explain this very well

Are you referring to claiming dependents on a tax return or on an Affidavit of Support?

[/quote

both i guess,i just know if i claim 3 i didnt make enough but if i claim 1 and she gets interview after dec.i can use my 2006 tax form and make more than enough.will this work?

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Filed: AOS (apr) Country: Philippines
Timeline

Are you referring to claiming dependents on a tax return or on an Affidavit of Support?

[/quote

both i guess,i just know if i claim 3 i didnt make enough but if i claim 1 and she gets interview after dec.i can use my 2006 tax form and make more than enough.will this work?

As for your tax returns you can do anything you want but I guess we are still a little confused as to what you are trying to accomplish. Are you saying you do not meet the 125% of the poverty level for 4 dependants?


YMMV

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Filed: K-1 Visa Country: Vietnam
Timeline

Are you referring to claiming dependents on a tax return or on an Affidavit of Support?

[/quote

both i guess,i just know if i claim 3 i didnt make enough but if i claim 1 and she gets interview after dec.i can use my 2006 tax form and make more than enough.will this work?

As for your tax returns you can do anything you want but I guess we are still a little confused as to what you are trying to accomplish. Are you saying you do not meet the 125% of the poverty level for 4 dependants?

yes thats what i am saying.if i claim 4 .but if i claim one will this cause a problemm can my exwife claim my kids from now on???? and i submit my 2006 tax ruturns????..............as for a joint sponser does there spouse have to be on it too?????

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hi,i filed me and my 2 kids last year.so i just thought maybe i can file 1 from now on and let my ex wife claim my kids will this be ok.also i thought just have my mom file joint sponser and still claim 1 should be more than enough but do i need to have my dad on there too or is my mom ok if she makes enough???i dont know how explain this very well

As a single fathe myself, you need to think about this long and hard. For you X to claim your children on her Income taxes, you have to relinguish that right and benefits of all the tax deductions of having kids. I am in the military, single fathe rof 3 kids and I meet the poverty minimum with no problems.

I suggest you get you parents to co-sponsor or get an additional job to increase your income to meet the guidelines in stead of giving up on you kids.

That said, unless you have changed your W2 it will still show the number of dependents. It is easier to go to your employer and change the number of dependents (exemptions) you claim... this may be what you are lookgn for instead of giving up legal rights of your kids for taz purposes. Good luck, hope all works out for you. Payato


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Filed: AOS (apr) Country: Philippines
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hi,i filed me and my 2 kids last year.so i just thought maybe i can file 1 from now on and let my ex wife claim my kids will this be ok.also i thought just have my mom file joint sponser and still claim 1 should be more than enough but do i need to have my dad on there too or is my mom ok if she makes enough???i dont know how explain this very well

As a single fathe myself, you need to think about this long and hard. For you X to claim your children on her Income taxes, you have to relinguish that right and benefits of all the tax deductions of having kids. I am in the military, single fathe rof 3 kids and I meet the poverty minimum with no problems.

I suggest you get you parents to co-sponsor or get an additional job to increase your income to meet the guidelines in stead of giving up on you kids.

That said, unless you have changed your W2 it will still show the number of dependents. It is easier to go to your employer and change the number of dependents (exemptions) you claim... this may be what you are lookgn for instead of giving up legal rights of your kids for taz purposes. Good luck, hope all works out for you. Payato

Your W2 does not show your dependant exemptions. What you claim on your W2/W4 has no bearing on what you can and do claim on your form 1040. I claim 9 exemptions on my W4 but only can claim 4 on my return (myself and 3 kids). What allows me to claim higher on my W4 is the level of itemized deductions I have (mortgage interest, etc...) and alimony that I pay my ex-wife (whicj is deductible from my income). If I was not allowed to claim exemptions at a higher rate then I would in essence be giving the US government an interest free loan because my refund would be so much larger because of my tax situation. I do not like giving the government any more money in advance than I have too.

With that said, from a tax perspective you can do anything you want but as mentioned before, understand the ramifications of your decision. I am quite certain that a co-sponsor can be an individual and does not have to include there spouse but with many peoples financial situations, sometimes it will be hard to segregate them from one another because everything is co-mingled. If your mother has sufficient income to put you on top of the 125% burden then I would see no reason to include another person.

If you are unable to meet the 125% burden, are you sure that you can afford to take on another dependant? Obviously we do not know your personal situation but the 125% poverty burden is not that big a threshold to meet unless you have other means of support (such as assets) that provides you the ability to survive without income.


YMMV

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Your children are your dependents whether or not you claim them on your taxes. The number of deductions on the tax return is not the only consideration in claiming dependents. You might as well continue to claim them and get the tax benefit, because you claim them on the Affidavit of Support regardless.

Look at the I-864 instructions 21d - Enter the number of unmarried children you have who are under age 21, even if you do not have legal custody of these children. You may exclude any unmarried children under 21, if these children have reached majority under the law of their place of domicile and you do not claim them as dependents on your income tax returns.

You would only be able to exclude them if they had reached majority (18 in the U.S.) and you don't claim them on your income tax. So, if your children are under 18, you have to claim them regardless.


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Filed: K-1 Visa Country: Vietnam
Timeline
Your children are your dependents whether or not you claim them on your taxes. The number of deductions on the tax return is not the only consideration in claiming dependents. You might as well continue to claim them and get the tax benefit, because you claim them on the Affidavit of Support regardless.

Look at the I-864 instructions 21d - Enter the number of unmarried children you have who are under age 21, even if you do not have legal custody of these children. You may exclude any unmarried children under 21, if these children have reached majority under the law of their place of domicile and you do not claim them as dependents on your income tax returns.

You would only be able to exclude them if they had reached majority (18 in the U.S.) and you don't claim them on your income tax. So, if your children are under 18, you have to claim them regardless.

NEVER MIND

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