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I-944 and a child without ITIN who cannot be listed as a dependant on a tax return
Hello,
I'm preparing I-944 for me and my family and I'm slightly confused. The instruction says that an applicant who is under 21 years old must list parents as household members:
Then it says that all applicants must list income and provide tax transcripts of all household members who were listed:
That's pretty clear. However, there is a statement below that meaning and purpose I cannot understand:
Does it mean that a child MUST be on the parents' tax return if he or she is submitting I-944?
This is why it bothers me:
My 16-years old child who is residing with me and submitting AOS with me doesn't have an ITIN. There is a reason why he cannot apply for ITIN. That means I cannot list him as a dependent on my tax return.
If we submit his I-944 and my tax return that doesn't have him as a dependant, will it be rejected or is it OK?
I'm preparing I-944 for me and my family and I'm slightly confused. The instruction says that an applicant who is under 21 years old must list parents as household members:
If you are a child (under the age of 21 and unmarried) list the following household members on the table in Part 2., as applicable:
...
D. Your parents, legal guardians, or any other individual providing or required to provide at least 50 percent of financial support to you as evidenced by a child support order or agreement, a custody order or agreement, or any other order or agreement specifying the amount of financial support to be provided by you;
...
D. Your parents, legal guardians, or any other individual providing or required to provide at least 50 percent of financial support to you as evidenced by a child support order or agreement, a custody order or agreement, or any other order or agreement specifying the amount of financial support to be provided by you;
List your and your household members’ annual gross (total) income from the most recent federal income tax returns, if any
...
You must provide an IRS transcript(s) of your Federal income tax returns for the most recent tax year and the IRS transcript(s) of the household members whose income you are including.
...
You must provide an IRS transcript(s) of your Federal income tax returns for the most recent tax year and the IRS transcript(s) of the household members whose income you are including.
If you are a child (under the age of 21 and unmarried) and are listed as a dependent on your parents’ income tax return, or if you are listed as a dependent on anyone else’s income tax return, list the total income from that individual’s tax returns and submit that individual’s IRS tax transcripts for the most recent federal tax year in accordance with the instructions above.
This is why it bothers me:
My 16-years old child who is residing with me and submitting AOS with me doesn't have an ITIN. There is a reason why he cannot apply for ITIN. That means I cannot list him as a dependent on my tax return.
If we submit his I-944 and my tax return that doesn't have him as a dependant, will it be rejected or is it OK?
