I-864 complicated case

[yasmina92 0]

hey all, i'm a citizen mother of a 19 years old son and 18 years old daughter both living with me. last year my federal income was 27,500. which is not enough to sponsor my spouse, now at nvc waiting, failed to find a join sponsor. i need to know what of these choices are legal and will work of the following:
- my son now working (he won't fill i-864a) and he planning to fill his tax alone for the next year but he will stay with me. is that make change in my household size next tax year? 
- i have no assets but some saved money in home enough to cover three times the difference, can i put them in my bank account and fill i-864 ? if not how much time need before fill?

[NancyNguyen 1,657]

1. He files tax himself, your household will become 3. File tax higher next year then you will be able to sponsor him yourself. 
2. monetary saving is difficult to qualify for asset.

[aaron2020 11,651]

Hi,

 

Perfectly legal.

 

Once you file your 2020 tax return and claim only your daughter as a dependent, then your household count for the I-864 will be three; the intending immigrant, your dependent daughter, and yourself.

 

Cash in your bank account will count as an asset for the I-864.  Best to have it the account at least 6 months.  A sudden large deposit would only raise questions because the US Embassy would suspect you obtained a loan and fraudulently disguising it as your assets.  

Since your daughter is 18, you may consider not claiming her as a dependent on your 2020 tax return.  This means you will pay more taxes.  The price to get your husband a green card.  

You could also file a joint return with your husband by obtaining an ITIN to lower your taxes.  

Best of luck.  

[yasmina92 0]

17 minutes ago, aaron2020 said:

Hi,

 

Perfectly legal.

 

Once you file your 2020 tax return and claim only your daughter as a dependent, then your household count for the I-864 will be three; the intending immigrant, your dependent daughter, and yourself.

 

Cash in your bank account will count as an asset for the I-864.  Best to have it the account at least 6 months.  A sudden large deposit would only raise questions because the US Embassy would suspect you obtained a loan and fraudulently disguising it as your assets.  

Since your daughter is 18, you may consider not claiming her as a dependent on your 2020 tax return.  This means you will pay more taxes.  The price to get your husband a green card.  

You could also file a joint return with your husband by obtaining an ITIN to lower your taxes.  

Best of luck.  

i'm confused. since my daughter 18, if i consider not claiming her as a dependent on my 2020 tax return, this will make my household size 2 (me and my spouse) so i have to fill married separately or jointly. i mean i can't fill as a head of household for 2020 tax return in this case?

[JeanneAdil 6,562]

28 minutes ago, yasmina92 said:

i'm confused. since my daughter 18, if i consider not claiming her as a dependent on my 2020 tax return, this will make my household size 2 (me and my spouse) so i have to fill married separately or jointly. i mean i can't fill as a head of household for 2020 tax return in this case?

Your daughter does not work?

does not file taxes ?

she is your dependent and you must claim her both for IRS returns and for immigration

and you will be household size of 3 (must include the new husband)

you don't have to file head of household,  fill out the w7 for ITIN and claim husband jointly ( or file MFS -married filing seperate -but you have a bigger refund if you do MFJ)

[aaron2020 11,651]

1 hour ago, yasmina92 said:

i'm confused. since my daughter 18, if i consider not claiming her as a dependent on my 2020 tax return, this will make my household size 2 (me and my spouse) so i have to fill married separately or jointly. i mean i can't fill as a head of household for 2020 tax return in this case?

You can't file as head of household if you don't claim your daughter.  You would have to file as married filing separately or jointly by obtaining an ITIN for your spouse.  You can't have it all.  You are giving up tax credits so you can lower your household count in order for your husband to qualify for a green card.  Life is about choices - some harder than others.  

 

There is no must.  Once again - life is about choices.  You don't have to claim her as a tax dependent on your tax return.  You don't have to claim your daughter on the I-864 since she has reached the age of majority and you don't claim her on your tax return.  The tax code explains who you "can" claim as a dependent.  The tax code does not require that you "must" claim someone as your dependent.  

Edited October 25, 2020 by aaron2020