i-944 household questions

[chiquitabanana 0]

Hello.

 

We got married to my fiance of almost 6 years a month ago (June 2020).  I am a US citizen and he was in H1B but because the current situation he was laid off, so we moved the wedding  we were planning to earlier.

 

I had my father as dependent in my 2019 tax return, but my father's immigration status is a bit complicated, is not living with us and I will not listed him again as dependent.

 

The lawyer told my now spouse that he may need to list my father as part of our household in i-944, but I disagree because we were not married in 2019 and our taxes we will not be joint until next year.

 

Please advise, I am thinking if I can amend my 2019 tax, but that will take some weeks.

 

 

Edited July 14, 2020 by chiquitabanana

[Ayrton 965]

2 hours ago, chiquitabanana said:

Hello.

 

We got married to my fiance of almost 6 years a month ago (June 2020).  I am a US citizen and he was in H1B but because the current situation he was laid off, so we moved the wedding  we were planning to earlier.

 

I had my father as dependent in my 2019 tax return, but my father's immigration status is a bit complicated, is not living with us and I will not listed him again as dependent.

 

The lawyer told my now spouse that he may need to list my father as part of our household in i-944, but I disagree because we were not married in 2019 and our taxes we will not be joint until next year.

 

Please advise, I am thinking if I can amend my 2019 tax, but that will take some weeks.

 

 

You will use whatever is listed on your latest tax return. If he's a dependent on your latest tax return, the one you're sending to USCIS, I believe you need to count him in the household number.

 

From the 864 instructions:

 

How Do I Count Household Size?

 

Your household size includes yourself and the following individuals, no matter where they live:  any spouse, any dependent children under 21 years of age, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with Form I-864 or Form I-864 EZ,  Affidavit of Support Under Section 213A  of the INA, whom you are still obligated to support.  If necessary to meet the income requirements to be a sponsor, you may include additional relatives (adult children, parents, or siblings) as part of your household size as long as they have the same principal residence as you and promise to use their income and resources in support of the intending immigrants.

[chiquitabanana 0]

Because it is the new i-944, it is my husband who was in H1B is filling it, and he filed his taxes always as single (we just got married).  My father never has been in my husband's tax returns.  So I need to fill I-864 setting a dependent, but I understand i-944 is only my husband or the period that we have been married.

[Ayrton 965]

33 minutes ago, chiquitabanana said:

Because it is the new i-944, it is my husband who was in H1B is filling it, and he filed his taxes always as single (we just got married).  My father never has been in my husband's tax returns.  So I need to fill I-864 setting a dependent, but I understand i-944 is only my husband or the period that we have been married.

The I-944 is not only about the time you've been married.

 

I understand now your question. Your father is not on your spouse household size, but is on yours. So you list him on the 864 and don't list him on the 944.