Page 1 of 2 12 LastLast
Results 1 to 10 of 11

Thread: Does claiming Mexican dependents on taxes affect visa process?

  1. #1
    Salutatorian
    Points: 6,137, Level: 33
    Level completed: 40%, Points required for next Level: 213
    Overall activity: 12.0%
    Achievements:
    Tagger Second ClassNew Achievement!1000 Experience Points5000 Experience PointsOverdriveVeteran

    Join Date
    Dec 2010
    Location
    Indiana
    Posts
    1,434
    Points
    6,137
    Level
    33
    Thanks
    579
    Thanked 1,272 Times in 564 Posts
    Time Online
    1 Wk 4 Days 9 Hrs 23 Mins 14 Secs
    Avg. Time Online
    11 Mins 16 Secs
    My Mood
    Buzzed

    Does claiming Mexican dependents on taxes affect visa process?

    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?
    Timeline:
    March 2000 - husband EWI from Mexico
    2004 - met husband, 2010 - got married
    Dec 2010 - requested FBI fingerprint and FOIA check
    Mar 2011 - received FBI fingerprint check response - no record
    Mar 19, 2012 - sent in I-130, April 1 - resent I-130 (with check this time)
    Apr 9, 2012 - NOA1, July 9, 2012 - NOA2
    Aug 8, 2012 - Received NVC notification
    Nov 14, 2012 thru Mar 5, 2013 - paid IV and AOS fees, filed DS-260, I-864
    Mar 5, 2013 - mailed (overnight) I601A, Mar 11, 2013 - NOA
    Mar 25, 2013 - NVC notification, waiting for I601A in order to schedule interview
    May 22, 2013 - I601A approved!
    June 4, 2013 - Interview scheduled
    July 19, 2013 - Interview, visa APPROVED!!!
    July 23, 2013 - Visa delivered via DHL to husband.
    Sept 16, 2013 - Green card arrived in mail.

  2. #2
    Valedictorian
    Points: 6,293, Level: 33
    Level completed: 84%, Points required for next Level: 57
    Overall activity: 4.0%
    Achievements:
    Tagger First Class1000 Experience PointsNew Achievement!5000 Experience PointsVeteran
    Ana's Avatar
    Join Date
    Sep 2010
    Location
    Mexico
    Posts
    1,824
    Points
    6,293
    Level
    33
    Thanks
    280
    Thanked 490 Times in 380 Posts
    Time Online
    3 Wks 2 Days 20 Hrs 47 Mins 52 Secs
    Avg. Time Online
    22 Mins 25 Secs
    Country: Mexico
    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.

  3. #3
    Salutatorian
    Points: 6,137, Level: 33
    Level completed: 40%, Points required for next Level: 213
    Overall activity: 12.0%
    Achievements:
    Tagger Second ClassNew Achievement!1000 Experience Points5000 Experience PointsOverdriveVeteran

    Join Date
    Dec 2010
    Location
    Indiana
    Posts
    1,434
    Points
    6,137
    Level
    33
    Thanks
    579
    Thanked 1,272 Times in 564 Posts
    Time Online
    1 Wk 4 Days 9 Hrs 23 Mins 14 Secs
    Avg. Time Online
    11 Mins 16 Secs
    My Mood
    Buzzed
    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.
    Timeline:
    March 2000 - husband EWI from Mexico
    2004 - met husband, 2010 - got married
    Dec 2010 - requested FBI fingerprint and FOIA check
    Mar 2011 - received FBI fingerprint check response - no record
    Mar 19, 2012 - sent in I-130, April 1 - resent I-130 (with check this time)
    Apr 9, 2012 - NOA1, July 9, 2012 - NOA2
    Aug 8, 2012 - Received NVC notification
    Nov 14, 2012 thru Mar 5, 2013 - paid IV and AOS fees, filed DS-260, I-864
    Mar 5, 2013 - mailed (overnight) I601A, Mar 11, 2013 - NOA
    Mar 25, 2013 - NVC notification, waiting for I601A in order to schedule interview
    May 22, 2013 - I601A approved!
    June 4, 2013 - Interview scheduled
    July 19, 2013 - Interview, visa APPROVED!!!
    July 23, 2013 - Visa delivered via DHL to husband.
    Sept 16, 2013 - Green card arrived in mail.

  4. #4
    Super Moderator
    Points: 81,056, Level: 100
    Level completed: 0%, Points required for next Level: 0
    Overall activity: 49.0%
    Achievements:
    Recommendation Second ClassVeteranTagger Second Class1000 Experience PointsOverdriveNew Achievement!
    Awards:
    Posting Award
    Tropical's Avatar
    Join Date
    Apr 2008
    Location
    Houston, TX
    Posts
    26,810
    Points
    81,056
    Level
    100
    Thanks
    2,950
    Thanked 4,966 Times in 3,845 Posts
    Time Online
    6 Mths 17 Hrs 21 Secs
    Avg. Time Online
    2 Hrs 38 Mins 39 Secs
    My Mood
    Sassy
    Country: United States
    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.
    Timeline:
    08/2003 - Hubs EWI from El Salvador
    08/08/08 - Married in NYC
    11/22/11 - Visa Interview
    04/16/12 - Expedite request submiited, approved 2 days later
    05/17/12 - Waiver approved!!! (6 months)
    05/27/12 - Stepped in the US as LPR
    02/27/15 - Eligible for citizenship
    **Be joyful in hope, patient in affliction, faithful in prayer. Romans 12:12**


    Getting started - Process overview*Selective Service applies to male immigrants*FOIA request
    Useful links - Lockbox filing timelines* User Recommended Attorneys*Guide for NVC* TPS AOS after Advanced Parole
    I-601-Resources for Proving Extreme Hardship*How to Assemble I-601 packet*Sources of evidence
    Hablo Espaņol*El Salvador Interviews Log
    **Nothing I say should be considered legal advice. Consult with an experienced attorney regarding your specific case.**


  5. #5
    Illustrissimi
    Points: 10,724, Level: 44
    Level completed: 72%, Points required for next Level: 126
    Overall activity: 25.0%
    Achievements:
    VeteranTagger First Class1000 Experience PointsNew Achievement!10000 Experience Points

    Join Date
    Sep 2007
    Posts
    6,258
    Points
    10,724
    Level
    44
    Thanks
    697
    Thanked 1,871 Times in 1,242 Posts
    Time Online
    1 Wk 4 Days 15 Hrs 23 Mins 22 Secs
    Avg. Time Online
    10 Mins 13 Secs
    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.

  6. The Following User Says Thank You to JMRJ For This Useful Post:

    Neighbor (01-24-2011)

  7. #6
    Valedictorian
    Points: 6,293, Level: 33
    Level completed: 84%, Points required for next Level: 57
    Overall activity: 4.0%
    Achievements:
    Tagger First Class1000 Experience PointsNew Achievement!5000 Experience PointsVeteran
    Ana's Avatar
    Join Date
    Sep 2010
    Location
    Mexico
    Posts
    1,824
    Points
    6,293
    Level
    33
    Thanks
    280
    Thanked 490 Times in 380 Posts
    Time Online
    3 Wks 2 Days 20 Hrs 47 Mins 52 Secs
    Avg. Time Online
    22 Mins 25 Secs
    Country: Mexico
    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?

  8. #7
    Salutatorian
    Points: 6,137, Level: 33
    Level completed: 40%, Points required for next Level: 213
    Overall activity: 12.0%
    Achievements:
    Tagger Second ClassNew Achievement!1000 Experience Points5000 Experience PointsOverdriveVeteran

    Join Date
    Dec 2010
    Location
    Indiana
    Posts
    1,434
    Points
    6,137
    Level
    33
    Thanks
    579
    Thanked 1,272 Times in 564 Posts
    Time Online
    1 Wk 4 Days 9 Hrs 23 Mins 14 Secs
    Avg. Time Online
    11 Mins 16 Secs
    My Mood
    Buzzed
    Quote Originally Posted by Ana_Hernandez View Post
    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.
    Timeline:
    March 2000 - husband EWI from Mexico
    2004 - met husband, 2010 - got married
    Dec 2010 - requested FBI fingerprint and FOIA check
    Mar 2011 - received FBI fingerprint check response - no record
    Mar 19, 2012 - sent in I-130, April 1 - resent I-130 (with check this time)
    Apr 9, 2012 - NOA1, July 9, 2012 - NOA2
    Aug 8, 2012 - Received NVC notification
    Nov 14, 2012 thru Mar 5, 2013 - paid IV and AOS fees, filed DS-260, I-864
    Mar 5, 2013 - mailed (overnight) I601A, Mar 11, 2013 - NOA
    Mar 25, 2013 - NVC notification, waiting for I601A in order to schedule interview
    May 22, 2013 - I601A approved!
    June 4, 2013 - Interview scheduled
    July 19, 2013 - Interview, visa APPROVED!!!
    July 23, 2013 - Visa delivered via DHL to husband.
    Sept 16, 2013 - Green card arrived in mail.

  9. #8
    Valedictorian
    Points: 6,293, Level: 33
    Level completed: 84%, Points required for next Level: 57
    Overall activity: 4.0%
    Achievements:
    Tagger First Class1000 Experience PointsNew Achievement!5000 Experience PointsVeteran
    Ana's Avatar
    Join Date
    Sep 2010
    Location
    Mexico
    Posts
    1,824
    Points
    6,293
    Level
    33
    Thanks
    280
    Thanked 490 Times in 380 Posts
    Time Online
    3 Wks 2 Days 20 Hrs 47 Mins 52 Secs
    Avg. Time Online
    22 Mins 25 Secs
    Country: Mexico
    learn something new everyday!

  10. #9
    Summa Cum Laude
    Points: 30,849, Level: 76
    Level completed: 99%, Points required for next Level: 1
    Overall activity: 81.0%
    Achievements:
    Tagger Second Class1000 Experience PointsNew Achievement!OverdriveVeteran25000 Experience Points
    ALONSO's Avatar
    Join Date
    Apr 2009
    Location
    SAVE THE DOLPHINS
    Posts
    21,230
    Points
    30,849
    Level
    76
    Thanks
    2,289
    Thanked 6,849 Times in 5,585 Posts
    Time Online
    4 Mths 1 Wk 4 Days 23 Hrs 56 Mins 22 Secs
    Avg. Time Online
    1 Hr 55 Mins 53 Secs
    My Mood
    Cheerful
    Country: Mexico
    Quote Originally Posted by JMRJ View Post
    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!
    We Were Not Defeated by: J Roma March 18 2010 Mexico City

  11. #10
    Valedictorian
    Points: 4,652, Level: 28
    Level completed: 84%, Points required for next Level: 48
    Overall activity: 0%
    Achievements:
    Tagger Second Class1000 Experience PointsNew Achievement!Veteran
    Vianey1rey's Avatar
    Join Date
    Jul 2009
    Location
    Sin City
    Posts
    1,508
    Points
    4,652
    Level
    28
    Thanks
    554
    Thanked 364 Times in 317 Posts
    Time Online
    1 Wk 5 Days 22 Hrs 41 Mins 50 Secs
    Avg. Time Online
    11 Mins 21 Secs
    My Mood
    Cool
    Quote Originally Posted by JMRJ View Post
    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.
    11/03 tried EWI got caught thrown back
    11/03 EWI
    03/06 Met
    05/06 Married Husband
    01/07 Approved I-130
    01/09 Baby girl born
    9/20/10 Sent NVC paperwork & Hired Anna M. Schwartz for waiver packet!
    11/01/10 NVC received "missing" document
    11/08/10 NVC operator said my case was complete and closed
    01/07/11 Visa appt at 0815am!!!
    03/10/11 Waiver Appt at 0700am!!!
    03/16/11 202# Operator said APPROVED
    3/21/11 Crossed to the USA

  12. The Following User Says Thank You to Vianey1rey For This Useful Post:

    Neighbor (01-24-2011)

Page 1 of 2 12 LastLast

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •