I-864 Fun Times - household size

[thatbritishlass 2]

Hello hello

I don't get married for another 3 weeks or so but I am prepping my AOS paperwork as much as I can so we can file ASAP after the wedding.

We've got to doing the I-864 and have hit a stumbling block - household size. My other half has a 9-year old daughter from his first marriage. She lives with her mother in a different state.

The I-864 instructions state: "21d - Enter the number of unmarried children you have who are under age 21, even if you do not have legal custody of these children. You may exclude any unmarried children under 21, if these children have reached majority under the law of their place of domicile and you do not claim them as dependents on your income tax returns."

I think I know the answer to this, unfortunately, but does that mean we have to include her in household size for the poverty threshold? He does not claim her as a dependent.

We meet the guidelines for a household of 2 but not for 3. I'm trying not to panic unduly, but his parents have already said they will not be a joint sponsor and I have no idea who else we could ask.

[Anh map 2,098]

The child would be included in the household count.

This I-864 FAQ may be helpful to you folks. -->> http://travel.state.gov/visa/immigrants/info/info_3183.html#36

Congrats on the upcoming wedding.

[JoannaV 174]

On the Lahore Embassy website it says:

"How do you count children of a divorced couple who reside with one parent part of the time and with the other parent the other part?

A divorced parent's dependent children are members of his or her household, even if they live part of the time with the former spouse. A parent almost always has a legal obligation to support his or her children. Although only one of the parents may be legally entitled to claim the child as a dependent on tax returns (1040), the child must be considered as part of both parents' households for purposes of the Affidavit of Support, unless a parent can show that he or she no longer has a legal obligation to support the child."

This would indicate that there is at least a small chance that it might be possible to reduce your household size back to 2 if you can prove that he has no legal obligation to support his child. It is something to try at least, and to include evidence of it with your application.

Do either of you have any assets that could make up the difference?

[thatbritishlass 2]

Thanks for the help folks. On doing a little rummaging, we discovered the I-864A, which we can use with his parents because we are currently in the same household. Fortunately they changed their minds - I think because, unlike with the K1, it was desperate - so they've come through for us.

I do have savings, but they had to meet 3 times the difference between the threshold and my boy's income, and I was still $4k short. So we're really lucky his parents changed their minds.

Can't wait for this to be over!!

[baron555 934]

Hello hello

I don't get married for another 3 weeks or so but I am prepping my AOS paperwork as much as I can so we can file ASAP after the wedding.

We've got to doing the I-864 and have hit a stumbling block - household size. My other half has a 9-year old daughter from his first marriage. She lives with her mother in a different state.

The I-864 instructions state: "21d - Enter the number of unmarried children you have who are under age 21, even if you do not have legal custody of these children. You may exclude any unmarried children under 21, if these children have reached majority under the law of their place of domicile and you do not claim them as dependents on your income tax returns

This is the key. If he send the mother money for the child, then yes she is to be counted. If not, then No do not count.

Also, any USC can be a co-sponsor.

."

I think I know the answer to this, unfortunately, but does that mean we have to include her in household size for the poverty threshold? He does not claim her as a dependent.

We meet the guidelines for a household of 2 but not for 3. I'm trying not to panic unduly, but his parents have already said they will not be a joint sponsor and I have no idea who else we could ask.