StarlaLorien

Hi everyone,

Just when I have all of MY I-864 figured out, my joint sponsor has an issue...

My dad is my joint-sponsor. He lives with my mom and that is it. We figured his household size would be three-him,my mom, and my husband who is being sponsored.

I have not lived with him at ALL in 2005 and only 2 months of 2004. I only lived in the US for 2 months of 2004, and was a "dependent" during this time.

Therefore, on his 2004 taxes my dad lists me as a dependent. For the sake of the I-864 this would make our household size 4, and my parents dont make enough to meet 125% of the poverty line for 4 people, only three.

I didn't realize my dad had listed me as a dependent. :-( But since I havent lived there at all this year and wont be his dependent at all once we move to the US, is he still okay to list his household size as three?

We are sending off the I-864 packet Thursday. I told him to include an attachment explaining that though I am down as his dependent I was only his dependent during my time in the US and that I am NOT a dependent at all anymore so his household size is three.

Ahh, is this okay?

We have no one else to be our joint-sponsor.

Thanks in advance for any advice.

ControlFreak

I think I'm right in saying that it is the joint sponsor's current income and household size that the USCIS is most concerned with. If he has been making a fairly regular income for the past three years, the one year that he listed you as a dependant won't matter.
I'm not even sure if the USCIS actually pay much attention to the sponsor's household size for the previous years. As it stands now, he has 3 years worth of tax returns saying that he earned over 125% of the poverty line for his current household size.
I think you'll be fine. And I'm sure someone will correct me if I'm wrong!

CF

StarlaLorien

Thank you. Do you think its advisable for my dad to attach an explanation?

On his I-864 he put total household size down as three-mom,him and my husband-even though I am a "dependent on his most recent tax return".

It just doesn't make sense to include me as a dependent for the sake of the visa since I have not lived with them since June 2004.

I'm hoping they won't think that by putting household size as 3 we are *lying* on the I-864, as it contradicts his tax return. (Hence the explanation attached?)

Its times like this I really wish we were well off or something, I have been so worried about all aspects of our financial situation--my parents the joint sponsors barely over the 125% of the poverty guidelines for 3 people, me the sponsor having been a student 2 of the 3 tax years included and not making much money....

I'm really worried my husband will get denied on the basis of our financial situation.

If he DOES get denied, what can we do? Can we reappply and beg a relative to be a co-sponsor?

Maybe I'm too worried over nothing, since we DO technically have a sponsor meeting the requirments (if this household size thing works out).

Poor young students fall in love just like anyone else. :-(

Noorah101

Hi Starla,

I don't think this issue would be cause for outright denial. I think the worst that would happen is the consulate would give you some time to find a new joint sponsor who is more qualified.

As for the chances of that happening, I can't even venture a guess.

Best Wishes,
Rene

StarlaLorien

Thank you.

Ugh, I certainly hope not.

I've been trying to call the NVC but cant seem to get ahold of a person.

I also can't seem to find any other posts about a similar problem.

Has anyone else ever had barely the 125% requirement that can tell me what their experience was?

meauxna

SL:
Are you + dad confusing "last tax year" with "current situation"?

What is his household size + alien *today*?

StarlaLorien

His household size + alien *today* = 3

Which is why we thought all was well.

BUT on the I-864 under Household Size it asks for dependents "as listed on your most recent tax return".

He included me as a dependent for 2004. I had no idea he had done that until he called me up yesterday asking about household size.

I am not amused if by him claiming me as a dependent because i was dependent on him for all of 8 weeks while living in the US,will ruin our case.

meauxna

Aha. I see how it's worded now. In that case, I like your idea in the first post. Reasonable minds must prevail. Your other documentation will show that you are not currently a dependant.
<sigh> Poor thing, this has been a trial. Sorry I can't tell you how it will be 'for sure'.

bionomique

No assets to include to make up the shortfall, if USCIS deems it to be a household of 4?

StarlaLorien

No assets. Leasing their car and renting their home....

The only thing I can think of, is if they deem it to be a household of four, is that I would be allowed to include my income.

So if that is what they decide I am assuming I could do an I-864A and include my 2004 income...which would be predominently British, but if they decide I'm still a household member while living over here then they would permit me to use my UK income I guess.

Here's hoping it doesn't come to that!!

Thanks for your replies.

Jess5377

I have a suggestion for you. At the US Embassy you can apply for an Individual Taxpayer Identification Number for your husband, this eliminates him needing a SS# to fill out your tax return and that way you could have it processed now.

The only thing that has me a bit worried about for you is whether you were a dependent of your fathers on his tax return. Meaning that you were eligible for him to claim you as one. Were you in school full-time? Also, did you make under the exemption amount if you were in school part-time? I'm only asking because you mention your UK earnings needing to be added on a new tax return. This shouldn't affect the visa (I at least don't think they would pay attention to this), but if the IRS notices, they may have a problem. It's such a fine line you have to be careful!

Anyway, if you have an income from this year and your husband does as well, even if it is minimal should help prove you could help to support each other with your fathers help. I don't think they would ignore the fact that you made some money, but instead see it as an advantage. Good luck and try not to worry, I'm sure everything will work out fine!

jeffreyhy

SL,

I would think you would want to work it the other way around. If you are considered to be household member of your Dad, he is one of your household members. You and he execute an I-864A and you include his income on your I-864. No joint sponsor.

Doesn't sound right, does it, since you and he are not living in the same residence and are linked because he claimed you as a dependent for tax purposes last year but now that's history. So, my suggestion is that your father determine his current household size based on the current situation, and write a statement explaining why this is appropriate to include with his I-864.

Did you file an income tax return for 2004? If so, did you claim your own exemption? Because you can't if someone else has claimed you as a dependent on their tax return.

Regards, JEff

StarlaLorien

Thanks Jeff.

Thats what we did in the end-- my father determined his current household size based on current situation and wrote a letter explaining and attached it to his I-864.

As for my 2004 taxes, I guess its a little confusing. Yes, I filed 2004 taxes. They show my very minimal US Income from when I was there for 2 months.

I have my Amended Tax Return and Foreign Income Exclusion forms filled out and ready to send off showing my UK income (almost $10,000, still not alot but I wasn't able to work on my UK Fiance Visa ).

I called the IRS on this one and they instructed me to wait until I'm back in the US to submit the changes so I had a SSN for my husband.(I didnt realize I could get a Tax ID Number for my husband from the Embassy and I don't think the tax guy on the phone did,either!!)

In any case, he said its not urgent as it doesn't change my original return in any way, it just adds income.

I called the NVC to confirm this was okay and the operater said it sounded fine, and that its not the NVC who would be assessing it, it would be the London Embassy and they understand UK forms such as the P-45 and P-60 and whatnot and I could explain it to them.

I'm not sure what you mean by "claimed my own exemption" on my 2004 taxes? My dad filled them out and it says I am claimed as a dependent by another tax payer (him).

Thanks Jesse5377.

I didn't realize that about getting a Tax ID Number from the embassy! The IRS operator on the phone said I could download a form and submit it to the IRS in the US to get an ID number for my husband but that it would take weeks and weeks and complicate things and that it was advisable for me to just wait until I'm back in the US with an SSN for my husband.

Its too late now regardless as my I-864 is on its way to the US to my parents where they will submit it to the NVC.

As for being a dependent on my dad--I am on all three returns submitted to the NVC. In 2002 and 2003 I was a full-time student. In 2004 I only lived in the US for 8 weeks, during which time I lived with him. I worked, but only made $1,555 the whole time I was there. When my dad filled out his taxes he listed me as a dependent as we knew I had to file US taxes for my US income and I *was* dependent during this time and the whole time I lived in the US.

It would have been easier for him not to have included me but neither of us knew this at the time!

The IRS *should*be okay about my foreign income.I've spoken to them and they act like its not a big deal I forgot to include it the first time.The man I spoke to said that it won't change my taxes since I'm well under the exemption amount and its all for the sake of paperwork and I may as well wait until Im in the US.

I explained about the Visa and he said that what I suggested was a good idea-to fill out the forms and have them ready (which I did) and submit them with the I-864 and my other 3 tax returns showing that I WILL make it correct. I attached a letter saying I am submitting the amended returns when I get to the US.

Im hoping this will help my case as the NVC will see I made an addition $10,000 in the UK.

If they do deem us as a household size of four, as Jeff said I would then make my parents *my* household members--I would definitely meet the guidelines for 4 people then, with my $11,555 in total aling with my mom's and dad's income (which combined they make enough for a household size of three). Hopefully it doesnt come to that!

Luckily, my UK husband is very employable with a good employment history in the UK and I'll make sure the London Embassy knows this during the interview!! I can bring stuff to show his income the past year as well so like you suggested they see that we have been supporting ourselves fine.

Thanks for all your help and suggestions everyone.

jeffreyhy

SL,

I think you wrote at one point that you didn't realize your dad had claimed you as a dependent, in which case had you filled out your own tax return you might have mistakenly taken your personal exemption. Since your dad did your return, it looks certain from what you wrote here that all was done well.

Regards, JEff