Does claiming Mexican dependents on taxes affect visa process?

**Neighbor** · 01-23-2011, 01:12 PM

My husband has always claimed his nieces/nephews (Mexican citizens) on his tax return. Although I cannot imagine why, I'm wondering if this in any way might affect his future application for a green card. They are legitimately related to him, and he does send money. I know you are supposed to submit 1 years tax return, but for what purpose?

**Ana** · 01-23-2011, 01:41 PM

Dependants have to live with you 6 months out of the year. That is what we were told. My BIL did the same thing, I expect him to have to pay it back when he gets caught.

**Neighbor** · 01-23-2011, 05:30 PM

Thanks, Ana. As I understand it, there are 2 kinds of dependents, one is a child, and in that case, they have to live with you, but the other kind can be a relative who doesn't have to live with you, but you have to provide for at least 50% of his/her living expenses,and no one else can claim them. They can be American, Mexican or Canadian. In any case, I'm wondering if having a dependent of any kind somehow slows down or affects the visa process.

**Tropical** · 01-23-2011, 06:08 PM

You are correct - Mexicans and Canadians have that priviledge. It will not affect his immigration status/case. IRS is another issue - just make sure its legitimate and well documented.

**JMRJ** · 01-23-2011, 06:16 PM

The only scenario I can think of its effect on visa process is for I-864 purposes. If you filed Married Filing Jointly with him, the dependents claimed on you guys tax return become part of the household size on your I-864. But as long as you meet the poverty guideline for your household size, there should be no problem.

**Ana** · 01-23-2011, 07:31 PM

so you are saying that if we have receipts showing we pay for my niece to go to school, uniforms, help with food and housing..etc..we can claim her on our taxes? Maybe I should have told our CPA that we have been doing this?

**Neighbor** · 01-23-2011, 09:11 PM

Originally Posted by Ana_Hernandez

so you are saying that if we have receipts showing we pay for my niece to go to school, uniforms, help with food and housing..etc..we can claim her on our taxes? Maybe I should have told our CPA that we have been doing this?

Well, there's a form you need to fill out to get her an ITIN, then - yes - basically you can do it. I wasn't married to my husband when he initially filled out that form, so I'm not sure what it entails - probably birth certificate, etc. As for receipts, they don't ask for anything when you file every year - in the same way that you don't have to show receipts for any dependent. I suppose if you're audited you would have to show something. The requirement is to pay at least 50% of their living costs.

**Ana** · 01-23-2011, 11:23 PM

learn something new everyday!

**ALONSO** · 01-24-2011, 02:57 PM

Originally Posted by JMRJ

The only scenario I can think of its effect on visa process is for I-864 purposes. If you filed Married Filing Jointly with him, the dependents claimed on you guys tax return become part of the household size on your I-864. But as long as you meet the poverty guideline for your household size, there should be no problem.

This would be the only problem!

But yes if you have ITIN numbers for them you can claim them, but just make sure you keep every receipt in case you ever get audited!

**Vianey1rey** · 01-24-2011, 04:32 PM

Originally Posted by JMRJ

The only scenario I can think of its effect on visa process is for I-864 purposes. If you filed Married Filing Jointly with him, the dependents claimed on you guys tax return become part of the household size on your I-864. But as long as you meet the poverty guideline for your household size, there should be no problem.

This my friends is what had me losing sleep and my mind while I was processing for NVC. Remember they were giving me crap about not being able to use assets? Well I didn't meet the PG for 2009 because we had 2 of my husband's nephews. Therefore it looked like we were a family of six.

Neighbor as long as you guys have receipts that you support them you should be fine. We have kept all of our receipts when we send money to MX. My husband has always sent them money since his sister is a single mom and he is the only male, he has always felt responsible for his sister and his mother. We also keep receipts for when we send them boxes over the mail. We send them clothes and school supplies every summer -besides the money.