No tax return

[Divinity_ 0]

Okay, not sure if this is the right area, but in hope someone can help!

My husband (who is my sponsor) is filing for form I 864 (affidavit of support) and we need to include his like tax return

But last year, he was with me in Australia and didn't work - hence, no money

So he didn't file for tax

I don't know what to say or write to convey that and calling the uscis centre didn't help at all

But the thing is, is that right now his income isn't high enough to sponsor me anyways and we're filing for I-864a with his mother.

And he was listed as a dependent on her tax return last year.

If anyone can shed some light or anything I should do, would be great! Thank you

[aaron2020 11,651]

Hi,

USCIS can not give anyone legal advice on how or what to file. That is up to you and your lawyer if you have one.

Read the instructions for Form I-864.

Your husband files a signed statement as to why he was not required to file. He states no income as the reason why.

[kzielu 1,147]

Can he be a dependent while not living with her ? Is the question really about how to deal with pretty obvious tax fraud ?

[Expat1 971]

Can he be a dependent while not living with her ? Is the question really about how to deal with pretty obvious tax fraud ?

Fraud? Hardly

Six Criteria for Qualifying Relatives

1. The dependent cannot be a qualifying child of another taxpayer.
2. The dependent earns less than the personal exemption amount during the year. For 2013, this means the dependent earns less than $3,900.
3. The taxpayer provides more than half of the dependent's total support during the year.
4. The taxpayer is related to the dependent in certain ways.
5. If the dependent is married, the dependent cannot file a joint return with his or her spouse.
6. The dependent must be a citizen or resident alien of the United States, Canada, or Mexico.

The dependent will meet the relationship test for being claimed as a qualifying relative if the dependent is related to the taxpayer in one of the following ways:

Son or daughter, grandson or granddaughter, great grandson or great granddaughter, stepson or stepdaughter, or adopted child

[aaron2020 11,651]

Can he be a dependent while not living with her ? Is the question really about how to deal with pretty obvious tax fraud ?

How is it obvious? Do you know for a fact that he was not a qualified dependent last year?

Don't accuse anyone of tax fraud when you don't have any facts.

Signed,

Guy with a graduate tax degree

[Expat1 971]

How is it obvious? Do you know for a fact that he was not a qualified dependent last year?

Don't accuse anyone of tax fraud when you don't have any facts.

Signed,

Guy with a graduate tax degree

BOOM