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  • Filing Taxes

    It's a little early, but I'd like to find out as soon as possible...

    A member of my family co-sponsored my wife. She has her green card now, but we lived with this family member for almost a year while waiting for the green card.
    We're still living with this family member for the time being.

    My question is, can my family member who co-sponsored my wife claim her as a dependent on their taxes?

  • #2
    It's a little early, but I'd like to find out as soon as possible...

    A member of my family co-sponsored my wife. She has her green card now, but we lived with this family member for almost a year while waiting for the green card.
    We're still living with this family member for the time being.

    My question is, can my family member who co-sponsored my wife claim her as a dependent on their taxes?

    Comment


    • #3
      You've gotta be kidding, right?? I thought that she was your wife, and therefore your dependent!!

      Her feet have barely even touched American soil, and already you're trying to figure out ways in which she can cost American tax payers some money.

      The American tax payer is not responsible for subsidizing your wife's stay in America, either now as a permanent resident or in her previous non-immigrant status. If you and your wife (and co-sponsors) are incapable of being financially self-supporting, then she is ineligible for permanent residency. I wonder if your family member agreed to co-sponsor your wife with the expectation of a free handout from Uncle Sam (a free handout that isn't coming)?

      Comment


      • #4
        Hello Biz and welcome to the forum


        Did you work and support your wife/ or have personal savings that were self supporting and are you planning to file a tax return?

        Co sponsership on immigration does not give rights to claiming someone as a dependent. Actual support of a person must have taken place and all other required criteria of dependency test must be met.


        Here are the irs requirements:

        IRS Definition of Dependent


        IRS Five Part Test
        To qualify as a dependent for tax purposes, an individual must meet all five tests below.

        1. The Citizenship Test
        The person must have been a citizen of the United States or a resident of the United States , Canada , or Mexico .

        2. The Relationship or Member of Household Test
        The dependent must be a qualified relative or a member of your household for the entire year. If the dependent is a qualified relative -- including members of your immediate family or step family, foster child, immediate in-laws, aunts and uncles, grandparents, and first generation nieces and nephews -- he or she is not required to live with you. If the dependent lives with you, he or she does not have to be a qualified relative.

        3. The Gross Income Test
        The dependent's gross income must be less than the amount of the exemption allowance for the year ($3,100 in 2004). The gross income test does not apply if the dependent is your child who is less than 19 years old at the end of 2004, or less than 24 at year-end and a full-time student for at least five months of the tax year. The term "gross income" refers to taxable income items included in the dependent's tax return. Nontaxable Social Security benefits and nontaxable scholarship funds are not included.

        4. The Joint Return Test
        If the dependent is married, he or she cannot file a joint return with his or her spouse, unless (1) the income of each spouse is under the income limit for filing a return and (2) the return is filed for the sole purpose of claiming a tax refund.

        5. The Support Test
        You must be able to establish that you provided more than half the cost of supporting that person. Support includes the cost of shelter, food, clothing, education, health care, transportation, and similar necessities.


        Btw this is an immigration forum and not a tax forum to advise you.

        Comment


        • #5
          Sure, the IRS is cool with that.

          Comment


          • #6
            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by BlzBob:
            It's a little early, but I'd like to find out as soon as possible...

            A member of my family co-sponsored my wife. She has her green card now, but we lived with this family member for almost a year while waiting for the green card.
            We're still living with this family member for the time being.

            My question is, can my family member who co-sponsored my wife claim her as a dependent on their taxes? </div></BLOCKQUOTE>
            As 4now pointed out, only if the relative who co sponsored your wife meets all five dependency tests. It will come down to the income, support, and to a lesser extent, the qualifying relative tests that would be the most difficult to show support. If she made more than $3500 in the year from worldwide sources, then they cannot claim your wife. If you make more than $17900 in the year from worldwide income and file a joint return, then they cannot claim your wife for not meeting the joint return test.

            The other thing I would worry about is not to provide your wife's SSN to your relative until you know they can claim your wife. If they already know, then there is a chance your relatives could commit tax fraud and identity theft if you file and they file claiming the same exemption and could delay your refund for months.
            "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

            Comment


            • #7
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by SunDevilUSA:
              You've gotta be kidding, right?? I thought that she was your wife, and therefore your dependent!!

              Her feet have barely even touched American soil, and already you're trying to figure out ways in which she can cost American tax payers some money.

              The American tax payer is not responsible for subsidizing your wife's stay in America, either now as a permanent resident or in her previous non-immigrant status. If you and your wife (and co-sponsors) are incapable of being financially self-supporting, then she is ineligible for permanent residency. I wonder if your family member agreed to co-sponsor your wife with the expectation of a free handout from Uncle Sam (a free handout that isn't coming)? </div></BLOCKQUOTE>
              How is anyone claiming a dependent costing taxpayers money?

              Well, we now know your extent of tax laws, state or federal, is practically nil, zilch, zero, none.

              The relative would have to meet all five qualifications for claiming a dependent, IRC 152. And in tax code, immigration has very little to do with most IRS laws unless tax treaty benefits or the tax code specifies. And the I-864 and I-864A is only used to substantiate in the income requirements for providing financial support, which is not the same, bloody thing as being claimed as a dependent buckwheat.
              "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

              Comment


              • #8
                don't worry, go for it.

                Comment



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