Form I-864 Tax Income Levels - Dependent return

[lukehimself 2]

Hi,

My partner is currently filling out I-864 and we are confused about the tax income levels.

The last three years total income is required, but for the last two years my partner was listed as a dependent on my USA taxes.

So do we list the:

- The total income for our taxes together

- OR Her individual income from her W-2

- OR say she was not required to file, and attach a letter explaining she was a dependent on my return

Thank you,

Luke.

[KayDeeCee 4,893]

What are you submitting the I-864 for? It is not needed for the K-1, and you posted in the K-1 forum, have K-1 in your profile but have no timeline filled out to give us a clue of where you are in the process.

Also, how were you able to claim them as a dependent on your taxes? Need more details in order to try and help with accurate info.

[lukehimself 2]

It's for the I-485 package, sorry if I posted it in the wrong area.

I claimed them because we lived in Oklahoma and I was the "head of household". Also, Oklahoma recognizes common law marriages so they considered us a married couple for taxation purposes.

[KayDeeCee 4,893]

So, they entered with a K-1, but you had been claiming them on your taxes as married for tax purposes? Did they enter with some other visa and then lived with you in the US? When did you marry?

A spouse is never a dependent though, and you need to be unmarried or 'considered unmarried' by the IRS in order to file for Head of Household. Being considered unmarried is if you are still married but living apart. A spouse gives you another exemption on your taxes, but are not a dependent. http://www.irs.gov/uac/Six-Important-Facts-about-Dependents-and-Exemptions-1

If your spouse has been living and working legally in the US, then they need to file taxes. I am still not sure how they are legally claimed as a dependent on yours.

[lukehimself 2]

I entered on a K-1, my spouse and son are USA citizens.

Them being on my taxes as dependents are for previous years, before I ever had the K-1 visa. I had a different visa with work authorization. Therefore I was head of household and they were my dependents.

[KayDeeCee 4,893]

If you entered on a K-1, then only your USC spouse's income will be used. They are the one filing the I-864. They are the one that needs to supply the proof of current income and Total Income info(not info from a W-2) from their last 3 years of taxes. You did not file a joint return, as you were not actually married, and your tax returns are not what they are asking for.

If they did not file any of the last 3 years, then they need to include a statement as to why they were not legally required to file, such as income being too low. For the latest I-864 form, the instructions state to put N/A for any years you did not file, and you check box #20.

~ Moved from K-1 Process to AOS from Family Based Visas - topic is AOS, not K-1 ~