Question On Form I-864

[del-2-5-2014 1,340]

I understand I need to complete my I-134 with the instructions on I-864.

On line #21D: what does this mean, You may exclude an unmarried children under 21, if these children have reached majority under their place of domicile and you do not claim them as dependents on your tax returns.

[del-2-5-2014 1,340]

Line #25

I use computer based Tax software to prepare and file my taxes.

It says that "Telefile tax records are not acceptable"

What are Telefile tax records?

[C-ma'am 684]

Line #25

I use computer based Tax software to prepare and file my taxes.

It says that "Telefile tax records are not acceptable"

What are Telefile tax records?

Telefile = Tax Filing by Phone and it was Discontinued by the IRS in August 2005 (Just Googled it)

I'm not 100% sure about the first one, so I'll leave that to someone with more knowdlege to reply.

[del-2-5-2014 1,340]

Thanks.

It also says that I do not an IRS transcipt but to inlcude copies of any W2, schedules, etc

So why do I read of others that have submitted IRS tax transcripts?

[KayDeeCee 4,902]

I understand I need to complete my I-134 with the instructions on I-864.

On line #21D: what does this mean, You may exclude an unmarried children under 21, if these children have reached majority under their place of domicile and you do not claim them as dependents on your tax returns.

Age of majority is that magical age when the law determines when a child becomes an adult. For some states that can be 18, and a parent's obligation to provide child support is ended. Other states it can be older than 18, and child support must still be paid. Some states even go beyond the age of 21 and child support must be paid if the child is a full-time college student and still dependent on their parents for support. So, it would depend on your state's law whether or not the child has reached majority and are no longer considered your dependent.

Thanks.

It also says that I do not an IRS transcipt but to inlcude copies of any W2, schedules, etc

So why do I read of others that have submitted IRS tax transcripts?

You can include a complete copy of your tax returns, which would be the 1040, and other forms, schedules, attachments plus W-2s and/or 1099s. Exactly what you did, or would have mailed, to the IRS in order to file your taxes. People order transcripts from the IRS because they are widely accepted for immigration purposes, they are free, they contain all the information needed without having to worry if you sent the complete return or not, and contain less pages than you making a complete copy of your entire return.

[JimVaPhuong 4,864]

Age of majority is when the child legally becomes an adult. In most states it's age 18. In Alabama, Delaware, and Nebraska it's age 19. In Mississippi it's age 21. In some states, if the child is in high school when they reach the age of majority then they will continue to consider them a minor until they graduate or leave high school. In other states they will consider them an adult if they graduate from high school, even if they haven't reached the age of majority yet.

Whether or not a child has reached the age of majority is not directly connected to whether or not a parent is required to support them. In most states, the requirement to pay child support terminates when the child reaches the age of majority. Many states require a parent to continue paying child support if a child is enrolled in college, even if the child has already reached the age of majority. That requirement usually terminates if the child leaves college or reaches a specific age (23 is common). The fact that the parent is required to pay child support doesn't mean the child isn't an adult.

Line 21.d on the I-864 roughly equates to section 8 on the I-134. If the child is legally a minor then you have an obligation to support them, they are wholly dependent on you for support, and they are included in your household size. If the child is an adult but you have a legal obligation to support them, then they are wholly dependent on you for support, and they are included in your household size. If you claim the child as a dependent on your tax return, whether or not they are a minor or adult, then they are wholly dependent on you for support, and they are included in your household size. If the child is a legal adult, and you have no legal obligation to support them, and you don't claim them as a dependent on your tax return, then they are not dependent on you for support, and they are not included in your household size.

When people say that the consulate uses the I-864 rules when evaluating an I-134 they are usually referring to the minimum income rules, as stated in the I-864P. They don't literally mean you should be following the I-864 instructions when filling out the I-134. By the same token, don't literally follow the I-134 instructions because those instructions are largely irrelevant for a K1 visa. Use the I-864 instructions as a guide to tell you what the consulate wants to know, such as how many people are included in your household size under the I-1864 rules.

IRS tax return transcripts are always preferred. W2's should only be included if you are providing a complete copy of your tax return rather than an IRS transcript.

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Thank you all. I ordered the tax return transcript.

PS: Jim, excellent explanation as usual. When will a child dependent be partly reponsible instead of wholly and does that even change anything for the poverty guidelines? I pay child support for kids that are 100% with their Mother. Is this a partial support scenario?

Edited August 3, 2012 by Gowon