questions about the I-864, thanks.

[cguo7]

Hello, Happy Thanksgiving everybody!

I have some questions regarding the I-864 and establishing domicile:

1) I don't think I have enough information to show domicile. I have only bank statements ($1-200 in the account) and do get mail periodically at my permanent residence back in the US. My question is, what other types of evidence can be used? I do not have a job lined up, nor do I have any property. I didn't vote this year in the elections either. I've been in China as an English teacher the last year and a half, with the exception of going home to visit twice for a month at a time.

2) My mother is going to be my co-sponsor. I do believe she is to fill out the I-864A, correct? Would she be the primary sponsor (since she has the stable job in the US), or am I?

3) My mother filed me under her taxes last year, since I didn't do it and wasn't in the US at the time too. This year she may have to do the same. Will this be a problem since I didn't file my own taxes? On page 8, #25, it says I must provide a "federal individual income tax return". The word "individual" confused me since I'm filed under her.

I think there will be many more questions regarding this form, but for now I hope you can help direct me to the right place or offer some advice. I took a look at the forums and didn't find anything similar. If there is, I must have missed it. thanks.

[dnoblett]

1) Copy of US driver's License, IRS return, bank statement showing recent deposits into a US bank, bills and mail sent to your US address. Records of your visits home also can indicate that your living in China was of a "temporary" nature.

 

2) US citizen who filed the I-130 MUST be primary sponsor, your mother can be a Joint sponsor Joint sponsors also provide an I-864.

 

3) You are confusing "Dependent" a parent can only claim a child as a dependent up to a set age (either under age 19 or a full-time student under age 24). Did your mother claim you as dependent of simply filed your return for you? If your income exceeded $3000 or so she may have not been able to claim you anyway. Best practice for persons livin abroad is to file IRS returns every year even if income falls below the minimum, US citizens are exempt from paying tax on foreign income, but are not exempt from filing returns.

 

Keep in mind I-864 is needed at the time of interview, not at the time of filing of a petition.

[cguo7]

hello, thank you so much for your information. My concern is that my mother filed me under her name. It must have been as a dependent. I am over 24. I do not think I made over 3000 dollars last year cause I was a volunteer for 8 months in Scotland before I took a job in China as an English teacher for 4 months, making equivalent of 500 dollars a month.

 

I've been really confused with getting the tax documents in order and domicile, thanks for helping. I have filed the petition already but just wanted a head start on the P3 so I don't waste any time in the future.

If you have any other advice to give, I would be appreciative.

1) Copy of US driver's License, IRS return, bank statement showing recent deposits into a US bank, bills and mail sent to your US address. Records of your visits home also can indicate that your living in China was of a "temporary" nature.

 

2) US citizen who filed the I-130 MUST be primary sponsor, your mother can be a Joint sponsor Joint sponsors also provide an I-864.

 

3) You are confusing "Dependent" a parent can only claim a child as a dependent up to a set age (either under age 19 or a full-time student under age 24). Did your mother claim you as dependent of simply filed your return for you? If your income exceeded $3000 or so she may have not been able to claim you anyway. Best practice for persons livin abroad is to file IRS returns every year even if income falls below the minimum, US citizens are exempt from paying tax on foreign income, but are not exempt from filing returns.

 

Keep in mind I-864 is needed at the time of interview, not at the time of filing of a petition.

[dnoblett]

hello, thank you so much for your information. My concern is that my mother filed me under her name. It must have been as a dependent. I am over 24. I do not think I made over 3000 dollars last year cause I was a volunteer for 8 months in Scotland before I took a job in China as an English teacher for 4 months, making equivalent of 500 dollars a month.

 

I've been really confused with getting the tax documents in order and domicile, thanks for helping. I have filed the petition already but just wanted a head start on the P3 so I don't waste any time in the future.

If you have any other advice to give, I would be appreciative.

 

Do not have your parent claim you as a dependent this year (2008) and YOU file your own return for 2008, and attach a copy to the I-864. I doubt you will have interview this year.

[Sebastian]

A quick follow up...

 

If yer mother ACTUALLY LISTED YOU AS A DEPENDENT on her tax returns -

 

1. have her file amended returns for the last 2 years that do NOT list you as a dependent and

2. YOU file yer own tax returns for Tax Year 2006 and 2007, listing yer mother's address as yer domicile.

[david_dawei]

A quick follow up...

 

If yer mother ACTUALLY LISTED YOU AS A DEPENDENT on her tax returns -

 

1. have her file amended returns for the last 2 years that do NOT list you as a dependent and

2. YOU file yer own tax returns for Tax Year 2006 and 2007, listing yer mother's address as yer domicile.

I can't see someone really doing this... then she loses the dependent credit and maybe has to pay taxes?

 

My thinking is... Don't worry about too far into the past; they really want to know your situation now and going forward; you have no past to really present in either case.

[Sebastian]

A quick follow up...

 

If yer mother ACTUALLY LISTED YOU AS A DEPENDENT on her tax returns -

 

1. have her file amended returns for the last 2 years that do NOT list you as a dependent and

2. YOU file yer own tax returns for Tax Year 2006 and 2007, listing yer mother's address as yer domicile.

I can't see someone really doing this... then she loses the dependent credit and maybe has to pay taxes?

 

My thinking is... Don't worry about too far into the past; they really want to know your situation now and going forward; you have no past to really present in either case.

 

David - that's a nice thought, really, but - I don't know where yer going with this. I posit we're going to be diametrically opposed as to the 'why' to do this, in toto, yes?

 

He has to prove up his income. He's lived out of country, mostly, the last 2 years.

 

My father did the same thing when I was 23 - I just got out of the service and learned I had been screwed out of financial aid because of him 'including' me. I had filed taxes, as independent person.

 

It's about 315 bucks of real money, times 2, that she'll owe.

 

It's worth it - to SHOW he has a domicile, real tax returns.

 

FWIW, the 'independent student rules' haven't changed since I was there - I check every semester (mostly).

Edited December 1, 2008 by Darnell (see edit history)

[david_dawei]

A quick follow up...

 

If yer mother ACTUALLY LISTED YOU AS A DEPENDENT on her tax returns -

 

1. have her file amended returns for the last 2 years that do NOT list you as a dependent and

2. YOU file yer own tax returns for Tax Year 2006 and 2007, listing yer mother's address as yer domicile.

I can't see someone really doing this... then she loses the dependent credit and maybe has to pay taxes?

 

My thinking is... Don't worry about too far into the past; they really want to know your situation now and going forward; you have no past to really present in either case.

 

David - that's a nice thought, really, but - I don't know where yer going with this. I posit we're going to be diametrically opposed as to the 'why' to do this, in toto, yes?

 

He has to prove up his income. He's lived out of country, mostly, the last 2 years.

 

My father did the same thing when I was 23 - I just got out of the service and learned I had been screwed out of financial aid because of him 'including' me. I had filed taxes, as independent person.

 

It's about 315 bucks of real money, times 2, that she'll owe.

 

It's worth it - to SHOW he has a domicile, real tax returns.

 

FWIW, the 'independent student rules' haven't changed since I was there - I check every semester (mostly).

Your thinking he has qualifying income based on the poverty level but yet his mom claimed him as a dependent?????

 

If it's as low as I suspect... what's the point of making his mom change her income tax returns for 2 years? Let's get real and practical.

 

If the last two years are not qualifying, it's NOT qualifying. He needs to work on NOW and FUTURE proof...

 

He can easily show domicile in the US without a three ring circus of tax return changes. Let's keep it simple.

[Sebastian]

Sure, after a rethink - I actually agree.

[cguo7]

thanks for your help guys. just want to point out, I'm actually a female. Ｉ　ｔｈｉｎｋ　ｉ＇ｌｌ　ｈａｖｅ　ｏｔｈｅｒ　ｑｕｅｓｔｉｏｎｓ　ｆｏｒ　ｙｏｕ　ａｌｌ　ｌａｔｅｒ　ｏｎ，　ｂｕｔ　ｆｏｒ　ｎｏｗ　，　Ｉ appreciate all of your help and thank you again.

Edited December 1, 2008 by cguo7 (see edit history)