I-134: Who counts in the "household"?

[pushbrk 13,612]

in this tax return she put me down as a dependent but when i filed mines i said no one could claim me as a dependent... so i dont know what to say but we live together.

You don't know the answer because your tax returns are in conflict with one another. Nevertheless, you are either your mother's dependant or you are not. In the present tense, which is it? Present tense means today, not for 2008 tax purposes.

Note that later for the status adjustment, your father does count in your mother's household, per the I-864 instructions but at that point you may also combine income of household members if needed.

Edited February 23, 2009 by pushbrk

[biggestchallenge 0]

So i would have a household of 3 (Me, my fiancee, her child) my mother's household would be (herself,me,my fiancee,her child) and my father would count so his income would count as well? hes on social security retirement and workers compensation and lives in a nursing home. his income goes to my mother.

[pushbrk 13,612]

So i would have a household of 3 (Me, my fiancee, her child) my mother's household would be (herself,me,my fiancee,her child) and my father would count so his income would count as well? hes on social security retirement and workers compensation and lives in a nursing home. his income goes to my mother.

Are you confirming that you are at this moment, in fact, your mother's dependent? If so, the following applies

On the I-134, a husband not part of the household need not be counted but you never use his income on an I-134. Co-Sponsors must qualify on their own.

Later, for adjustment of status, the joint sponsor's husband must count in the household size and his income MAY be used if he provides and signs an I-864a.

So if you are your mother's dependent, her current household size is 4 as you've stated above. Don't count Dad. This is NOW for the I-134.

Later, for the I-864, if you are then still your mother's dependent, your joint household size would be five and you can count income from anybody in the household that has income, provided they sign an I-864a to suppliment your own I-864.

I still question whether you are your mother's dependent though. You have not directly answered that question.

[biggestchallenge 0]

Im 23 years old and i live in the same apartment as my mother, when we filed tax returns i didnt want to be put down as a dependent so i checked off the box as cannot be claimed as a dependent, when she did her tax return she put me down as a dependent but im not a qualifying child in her household so she didnt get any credits for me.

is there any way i can make sure that im not her dependent???

[biggestchallenge 0]

my father lives in a nursing home he cant sign anything for himself anymore...

[biggestchallenge 0]

A relative who has the same principal residence as the

sponsor and is related to the sponsor as a spouse, adult

child, parent, or sibling; (my father doesnt have the same residence)

A relative or other person whom the sponsor has lawfully

claimed as a dependent on the sponsor's most recent Federal

income tax return even if that person does not live at the

same residence as the sponsor; (my mother doesnt claim my father as a dependent)

The intending immigrant, in certain circumstances. (See

"How Can the Intending Immigrant Be Considered a

Household Member"?)

[pushbrk 13,612]

Im 23 years old and i live in the same apartment as my mother, when we filed tax returns i didnt want to be put down as a dependent so i checked off the box as cannot be claimed as a dependent, when she did her tax return she put me down as a dependent but im not a qualifying child in her household so she didnt get any credits for me.

is there any way i can make sure that im not her dependent???

You just did. You are not your mother's dependent. You would only count in her household if you still live there after marriage when you file to adjust status. Then it is possible to pool income using I-864 and I-864a forms. At that point, your father would count in the household and it's likely his income could be counted as well. It depends on whether Dad's income is now Mom's income. Those details have not been made available. As you've probably surmised, the devil is in the details on these matters.

[biggestchallenge 0]

since my fathers on nursing home medicaid a portion of his retirement income is deemed available to her. you said he would need to sign off on it like i said even if he wanted to he cant , not even to get into this subject, so i dont know as to what it would look like then

[pushbrk 13,612]

since my fathers on nursing home medicaid a portion of his retirement income is deemed available to her. you said he would need to sign off on it like i said even if he wanted to he cant , not even to get into this subject, so i dont know as to what it would look like then

That's not enough information. If he can't sign, then somebody is authorized to sign for him. This is somewhat unique.

[limejello 0]

pushbrk I wanted to thank you (somewhat belatedly, I'll admit) for responding to my question, it was really helpful!

[pushbrk 13,612]

pushbrk I wanted to thank you (somewhat belatedly, I'll admit) for responding to my question, it was really helpful!

You're quite welcome. Good luck on your visa journey.

[biggestchallenge 0]

he has no power of attorney, no guardianship, if USCIS allows spouse to sign for him then its another story.

[venassa 0]

When I move to the US to be with my fiancee we will be living where he is currently. With his sister, her husband (who will be deployed by the time i get there) and their kids. The house is theirs (sister and husband) and my fiancee is there helping out...so as far as household size...is it 2 (him and me)...or is it 5 (him, me, sister, husband, kids)??