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  • Affidavit of support

    Hello everyone. Quick question about affidavit of support. My son -US citizen over 21- works at a warehouse in LA. He does not file his own taxes yet. Instead, he is listed as a dependent on her mom’s taxes. Is he required to file his own taxes before he can sponsor me? I have a joint sponsor -not his mom though- who meets all the criteria.

    thanks

  • #2
    No, if you have a joint sponsor, your son doesn't have to submit the affidavit of support. He doesn't have to file his taxes just for the affidavit of support if you have a joint sponsor.
    --Good luck--
    Good luck. I learned the hard way, I hope you don't have to. Immigration is interesting. Not considered as legal advice.

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    • #3
      Originally posted by PKumar01 View Post
      No, if you have a joint sponsor, your son doesn't have to submit the affidavit of support.
      This is incorrect. The petitioner always needs to submit an I-864 Affidavit of Support, even if there is a joint sponsor.

      This is my personal opinion and is not to be construed as legal advice.

      Comment


      • #4
        Originally posted by Javierb View Post
        Hello everyone. Quick question about affidavit of support. My son -US citizen over 21- works at a warehouse in LA. He does not file his own taxes yet. Instead, he is listed as a dependent on her mom’s taxes. Is he required to file his own taxes before he can sponsor me? I have a joint sponsor -not his mom though- who meets all the criteria.

        thanks
        First of all, that he is a dependent doesn't mean he does not have to file his own taxes. He is required to file if his income that year is above a given threshold, which is given in the relevant year's Form 1040 instructions, in the section called "Do You Have To File?". If he his income was below the threshold for being required to file, then he does not need to file his tax returns before completing the I-864; in that case, he would check No in Part 6 #23a, put "N/A" in the total income number in Part 6 #24a-c, check the box in Part 6 #25, and attach a statement stating what his income was those years, and state that he was not required to file at that level of income.

        This is my personal opinion and is not to be construed as legal advice.

        Comment


        • #5
          Thanks for the clarification
          --Good luck--
          Good luck. I learned the hard way, I hope you don't have to. Immigration is interesting. Not considered as legal advice.

          Comment

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