864 help

[paula]

Hello all guys here,

 

I need your help. My husband cant make sure what he did is correct with his 864 form. Does anybody live in Dallas here who can give me ur phone number? I can ask my husband to call you. My husband and I will appreciate your help.

 

Paula

[paula]

Can someone help me answering those following questions?

 

1. the sponsor's household size?

 

My son and I are in the process of CR1+CR2 visa, so my husband is our sponsor. My husband has two young kids with his exwife, and also need to pay children support every month even though his two kids are living with his exwife who got custody. So how many people in my household size?

 

number of persons living in your residence ?

should it be one(my husband)?

 

number of immigrants being sponsored in this affidavit ?

should it be two( my son and I)?

 

number of persons who are otherwise depend on you, as claimed in your tax return for the most recent years?

my husband has put my son and my name on his tax return of 2004? and my husband put his own two kids on his tax return of 2001,2002,2003. So now here it is should be 4?

 

the sponsors annual income

 

My husband put my name and my sons name on his tax return of 2004,

My husband should chose I filed a single tax return for the most recent tax year?or chose i filed a joint return for the most recent tax year which includes only my own income?

 

right now all tax return paper with W-7form and my salary statment is on the way to ITIN, so what documents of tax return of 2004 i should offer now?

 

I will appreciate all your help.

Paula

[tywy_99]

Can someone help me answering those following questions?

 

1. the sponsor's household size?

 

My son and I are in the process of CR1+CR2 visa, so my husband is our sponsor. My husband has two young kids with his exwife, and also need to pay children support every month even though his two kids are living with his exwife who got custody. So how many people in my household size?

 

number of persons living in your residence ?

should it be one(my husband)?

 

number of immigrants being sponsored in this affidavit ?

should it  be two( my son and I)?

 

number of persons who are otherwise depend on you, as claimed in your tax return for the most recent years?

my husband has put my son and my name on his tax return of 2004? and my husband put his own two kids on his tax return of 2001,2002,2003. So now here it is should be 4?

 

the sponsors annual income

 

My husband put my name and my sons name on his tax return of 2004,

My husband should chose I filed a single tax return for the most recent  tax year?or chose  i filed a joint return for the most recent tax year which includes only my own income?

 

right now all tax return paper with W-7form and my salary statment  is on the way to ITIN, so what documents of tax return of 2004  i should offer now?

 

I will appreciate all your help.

Paula

I-864

 

B. Sponsor's Household Size

 

1. if just your husband, then it will be 1.

 

2. all immigrants being sponsered. I assume it is you and your son, then it will be 2.

 

3. this one would be zero (0)

 

4. This one would be whoever he claimed on his recent tax return. You say it is you and your son, then that would be 2

 

*total = 5

 

 

On my 2004 tax return I put filing jointly.

 

your last question: do you mean use(offer) for the I-864?

 

 

-hope this helps

[frank1538]

Can someone help me answering those following questions?

 

number of persons who are otherwise depend on you, as claimed in your tax return for the most recent years?

my husband has put my son and my name on his tax return of 2004? and my husband put his own two kids on his tax return of 2001,2002,2003. So now here it is should be 4?

 

I-864

 

4. This one would be whoever he claimed on his recent tax return. You say it is you and your son, then that would be 2

 

*total = 5

Ty, I was wondering if it is appropriate to double count here. Since Paula and her son were already counted on line 2 as "number of immigrants being sponsored", it seems to me that line 4 would include other dependents as claimed on the tax return. In this case, if the husband was paying child support to his ex and was entitled to claim them on his tax return, he would count his own kids here. Otherwise, maybe line 4 should be 0.

[paula]

Thank for your help here. Frank, I agree with your idea because I thought my husband has to pay children support every month, that means he also need to affidavit his own children. My husband told me even though he pay children support, but in Jan, 2004 after he divorced, he is not entitled to claim them on his tax return anymore. I dont understand why he cant claim them on his tax return?

 

paula

[tywy_99]

Thanks for pointing that out, Frank. I had acted too fast on that question last night.

I yanked a copy of my I-864 to help answer Paula's questions.

For one thing, you dont claim you wife as a dependent but you can file jointly even if she is still in China.

I was able to answer #4 for my one son who I still pay child support on because I had claimed him.

I filed jointly for the first time on my 2002 taxes but I didn't claim my wife's daughter on my taxes until the 2003 taxes after they had arrived.

It does get one to think; if you are to list all who are sponsored on item #2, (as listed in part 3), then, if one claims the same as a dependent on their taxes, must that person be listed again?

 

Thanks again.

 

-Paula, a non-custodial parent can claim the child(ren) on their tax returns if a certain file (I forget the file #) is agreed upon by both parents and submitted to tht IRS. Otherwise, it is not allowed.