I 864 question

[bgreed 0]

Sometimes I think there should be a separate area just for I 864 questions.

OK I've read the instructions several times , but still am not clear on a couple of things so anyone with better government form reading skills is welcome to reply,

Here goes;

First do I file a separate I-864 for each person I am sponsoring (1 for my wife and 1 for her son as they are two separate petitions)

Since I don't get to declare my kids from my previous marriage as deductions on my income tax (even though I pay child support) do I need to show them as dependents? To me the wording says if they aren't on my tax form then I don't have to show them.

So depending on how you read it my dependent count could be four (including me) (my wife and I also have a son together) or six if I include my two other kids.

Any thoughts?

By the way got our NOA1 on February 16th file was touched on 02/24/08 nothing since VSC.

[rjp44 1]

Sometimes I think there should be a separate area just for I 864 questions.

OK I've read the instructions several times , but still am not clear on a couple of things so anyone with better government form reading skills is welcome to reply,

Here goes;

First do I file a separate I-864 for each person I am sponsoring (1 for my wife and 1 for her son as they are two separate petitions)

Since I don't get to declare my kids from my previous marriage as deductions on my income tax (even though I pay child support) do I need to show them as dependents? To me the wording says if they aren't on my tax form then I don't have to show them.

So depending on how you read it my dependent count could be four (including me) (my wife and I also have a son together) or six if I include my two other kids.

Any thoughts?

By the way got our NOA1 on February 16th file was touched on 02/24/08 nothing since VSC.

One form I-864 is enough since there are spaces to cover all the dependents in the household. You won't need to show the non-custodial children .

[pushbrk 12,163]

Sometimes I think there should be a separate area just for I 864 questions.

OK I've read the instructions several times , but still am not clear on a couple of things so anyone with better government form reading skills is welcome to reply,

Here goes;

First do I file a separate I-864 for each person I am sponsoring (1 for my wife and 1 for her son as they are two separate petitions)

Since I don't get to declare my kids from my previous marriage as deductions on my income tax (even though I pay child support) do I need to show them as dependents? To me the wording says if they aren't on my tax form then I don't have to show them.

So depending on how you read it my dependent count could be four (including me) (my wife and I also have a son together) or six if I include my two other kids.

Any thoughts?

By the way got our NOA1 on February 16th file was touched on 02/24/08 nothing since VSC.

Your profile says K3 but this is the CR1 IR1 forum. K3 uses the I-134, not the I-864. In either event, you use one form for each visa applicant. Wouldn't your son be a US Citizen?

[bgreed 0]

Oops need to change that. We filed the I-130 in January.

My wife has a son from a previous marriage who is eight and then in November we had a son who is now almost five months old.

OK so I need to file an I-864 for my wife and one for my stepson. Now what about my two kids from my previous marriage? Since I don't get to claim them on my income tax even though I pay child support do I necessarily have to show them as dependents?

[pushbrk 12,163]

Oops need to change that. We filed the I-130 in January.

My wife has a son from a previous marriage who is eight and then in November we had a son who is now almost five months old.

OK so I need to file an I-864 for my wife and one for my stepson. Now what about my two kids from my previous marriage? Since I don't get to claim them on my income tax even though I pay child support do I necessarily have to show them as dependents?

No, you don't need to show your other two children as dependants.

You filed "the" I-130? You would need an I-130 for your wife and another for her son, if you're going the CR1/CR2 route. Sounds like you have a household of four. You, your wife, your son together and her son.

Edited March 31, 2008 by pushbrk

[SPSguy 18]

PUSHBRK,

I think the 134 or 864 requirement is one of those that isn't at all clear. The official language of the USCIS states that only immigrant visa require I 864. But it appears some consulates require I 864 regardless. So it comes down to the consulate.

I believe some people ( particularly those from CHINA ) are being told to submit I 864 even on K1 and k3. That's confusing.

Edited March 31, 2008 by SPSguy

[pushbrk 12,163]

PUSHBRK,

I think the 134 or 864 requirement is one of those that isn't at all clear. The official language of the USCIS states that only immigrant visa require I 864. But it appears some consulates require I 864 regardless. So it comes down to the consulate.

I believe some people ( particularly those from CHINA ) are being told to submit I 864 even on K1 and k3. That's confusing.

I believe there are a couple Consulates that ask for an I-864 for K visas even though it is specifically forbidden by law, but China is not one of those countries. The OP's is an immigrant visa case anyway. They need to correct their profile.

Edited March 31, 2008 by pushbrk

[simple_male 1]

Sometimes I think there should be a separate area just for I 864 questions.

OK I've read the instructions several times , but still am not clear on a couple of things so anyone with better government form reading skills is welcome to reply,

Here goes;

First do I file a separate I-864 for each person I am sponsoring (1 for my wife and 1 for her son as they are two separate petitions)

Since I don't get to declare my kids from my previous marriage as deductions on my income tax (even though I pay child support) do I need to show them as dependents? To me the wording says if they aren't on my tax form then I don't have to show them.

So depending on how you read it my dependent count could be four (including me) (my wife and I also have a son together) or six if I include my two other kids.

Any thoughts?

By the way got our NOA1 on February 16th file was touched on 02/24/08 nothing since VSC.

Okay. You are doing immigrant visas, not K-3 nonimmigrant ones. So the answers are:

Yes, file one I-864 for your wife and another one for her son.

You don't show your kids from your previous marriage, since you don't declare them on your tax return. In a separate note, I think the most divorced couple usually claim their children on tax return every other year.

So total dependent count including you is four.