I 864 Petitioner has $0 income and is claimed as a dependent on tax returns

[jpsterling]

Hi,

There are 4 of us in this scenario. My mother, a green card holder, has petitioned for my sister (out of country, unmarried, over 21). My mother is in her 70s and has long retired. She lives with my brother who's claimed her as a dependent on his tax returns for the last 4 years. I will be a financial sponsor for my sister and my income is sufficient.

How should we answer the income and tax return questions on my mother's I 864? I've seen recommendations in forums to simply attach a declaration indicating she didn't have income and therefore did not file taxes. Does this also apply when she was claimed as a dependent?

Thanks much,
JP

[newacct]

Being claimed as a dependent and filing taxes are separate things. Someone who is claimed as a dependent can still file taxes. What matters is whether she filed taxes, and if not, whether her income was below the threshold for needing to file taxes. Whether she was claimed as a dependent is irrelevant. According to the I-864 instructions, if she didn't file taxes for any of the last 3 years, and her income was below the threshold for needing to file, she would put "N/A" as the total income for those years on her I-864 Part 6 #24a-c, she would check the box in #25, and she would attach a statement explaining why she was not required to file. Her current individual income (her I-864 Part 6 #7) would be her actual income as of right now, which might be zero or non-zero even if she wasn't required to file taxes. I don't know her income situation.

[jpsterling]

Being claimed as a dependent and filing taxes are separate things. Someone who is claimed as a dependent can still file taxes. What matters is whether she filed taxes, and if not, whether her income was below the threshold for needing to file taxes. Whether she was claimed as a dependent is irrelevant. According to the I-864 instructions, if she didn't file taxes for any of the last 3 years, and her income was below the threshold for needing to file, she would put "N/A" as the total income for those years on her I-864 Part 6 #24a-c, she would check the box in #25, and she would attach a statement explaining why she was not required to file. Her current individual income (her I-864 Part 6 #7) would be her actual income as of right now, which might be zero or non-zero even if she wasn't required to file taxes. I don't know her income situation.

Thanks Newacct, this makes it clear how to address the income questions, current and for past 3 years. Again, she's retired and moved to the US 5 years ago so no Social Security or other retirement income.
Any idea if her lack of income would affect the application negatively? My sister herself is 30, college educated so very unlikely to become a public charge. As the financial sponsor, I have sufficient income.