I-134 important question

[love my scotsman 0]

on my tax forms for the last 3 or 4 years, I had as dependents my two nephews who don't live with me and sent them money every year. I am a single 29 year old female who is getting married through the K1 fiance visa. should i claim my two nephews as dependents on the I-134 form line 8? I don't plan on having them as dependents next year after I am married.

The problem is, I don't meet the poverty line if I file for 4 people including myself. I don't have anyone else i can ask to co-sponsor us here in the US. His parents can help us, but they live in Scotland. help please!!!!

[Samantha78 117]

The problem is, they will want to see your prior year tax returns and your nephews will show as dependents so they will assume that you are the one who is financially responsible for them. Yet, at the same time, since they are not your children and you do not have a financial obligation to them, you should not have to list them on the I-134. If questioned you can say that, prior to your marriage you had assumed some financial responsibility for them but since then you have given up this an no longer providing for them.

If your intention is to not continue to provide and in the future you will not be claiming them as dependents on your tax returns, I would leave that blank or list as N/A. As you know, listing them will place you in a bracket where you need a co-sponsor.

[wee carrington 33]

Unfortunately, unless you intend on moving to Scotland there's not much his parents can do for you in the way of cosponsoring.

[shalunya 0]

I have an issue on my taxes that requires explanation and I was not required file taxes in 2009. I am submitting a notarized letter of explanation of both situations along with my taxes. This way, the explanation is included along with my supporting documents.

[Hank_ 9,174]

on my tax forms for the last 3 or 4 years, I had as dependents my two nephews who don't live with me and sent them money every year. I am a single 29 year old female who is getting married through the K1 fiance visa. should i claim my two nephews as dependents on the I-134 form line 8? I don't plan on having them as dependents next year after I am married.

The problem is, I don't meet the poverty line if I file for 4 people including myself. I don't have anyone else i can ask to co-sponsor us here in the US. His parents can help us, but they live in Scotland. help please!!!!

Are you voluntarily providing support? If you are not required to support them but were doing it through the kindness of your heart then stopping the support and not listing them should not be an issue. I would write up a letter explaining this for the CO just in case it causes questions.

[Hank_ 9,174]

I have an issue on my taxes that requires explanation and I was not required file taxes in 2009. I am submitting a notarized letter of explanation of both situations along with my taxes. This way, the explanation is included along with my supporting documents.

The I-134 only asks for a copy of the LAST income tax return filed. Where this 3 years worth stuff comes from I am not sure, maybe the embassies in really difficult countries, not sure, but for sure its not required for the I-134. Every review I have read for Manila is they want to see your most recent tax return.

http://www.uscis.gov/files/form/i-134instr.pdf

[Boiler 48,081]

I do not understand how you claim them as dependents?

[KayDeeCee 4,903]

Yes, I am also curious as to how you claim them as dependents on your taxes if they do not live with you? I thought in order to claim someone as a dependent that they had to live with you at least 6 months out of the year, and you had to provide more than half of their living expenses.

[Gary and Alla 3,696]

on my tax forms for the last 3 or 4 years, I had as dependents my two nephews who don't live with me and sent them money every year. I am a single 29 year old female who is getting married through the K1 fiance visa. should i claim my two nephews as dependents on the I-134 form line 8? I don't plan on having them as dependents next year after I am married.

The problem is, I don't meet the poverty line if I file for 4 people including myself. I don't have anyone else i can ask to co-sponsor us here in the US. His parents can help us, but they live in Scotland. help please!!!!

I am not sure how they can be your dependents now. Can you tell us by what authority they are? If you have been court appoited as their gurdian then you would have to be UN court appointed and attach such evidence to the I-134. If you were never court appointed then they were not your dependents and you were just cheating on your taxes. If that is the case, then just attach a letter saying they will no longer be claimed as your dependents. The problem with that is that you cannot just UN-dependent them without a reason. Such reasons would be they are 18 and emancipated, etc. You cannot just assume and unassume "dependents" on tax returns. It is nice that you help someone, but that is all it is, it is not tax deductiable and they are not your dependents as far as tax purposes go.

Easiest for you would probably to be get a co-sponsor. It has to be a uS citizen or Resident, his parents could not do it. A letter stating the nephews are no longer your dependents and that they never were but were claimed as such in error MAY work. Then again they could assume your nephews were actually court ordered dependents and you are misrepresenting your case...visa fraud.

Nope, let it go and get a co-sponsor. OR file amended returns for the last three years and pay the additional tax for not having those dependents, then attach the amended returns to your I-134.

[LoveABrit 0]

If I make well above the poverty line requirements, am I correct to assume a copy of the most recent tax return and the W2 is sufficient evidence to go with the I-134??

I want to make sure as I keep reading conflicting things on whether an employer verification letter is required in all circumstances or just when the tax return does not show sufficient earning....

If it helps, we will be going through London Embassy - has anyone submitte the 134 there with just a tax return and W2??

[Boiler 48,081]

The important issues are that:

You paid your taxes.

You earn now enough, not in the past.

[Mike B. 231]

If you were never court appointed then they were not your dependents and you were just cheating on your taxes.

Could be that she was not appointed by a court as their guardian but still provided more than half of their living expenses and thus was not cheating on her taxes, right?