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smrowe

I-864 for shared custody

By smrowe in IR-1 / CR-1 Spouse Visa Process & Procedures

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smrowe Enthusiast

smrowe   12

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
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My ex-husband and I share physical custody of our daughter. Neither of us pays child support. On alternating tax years I claim her as a dependent on my tax forms. Should I only include her as part of my household if I am submitting an I-864 in a year in which I will claim her on my taxes? I earn enough to qualify whether I have 2 or 3 people in my household, fortunately. I'm also nervous that they'll look at my old tax forms, see a dependent listed there, but then not included in my I-864 (though I suppose an explanatory note could get around any confusion) and that would raise flags.

Any experience with this or suggestions? Thanks!

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USCIS:
07/30/2012 - I-130 Sent
07/31/2012 - NOA1 Received (Petition sent to the dreaded VSC, rec'd by mail 08/17/2012)
03/22/2013 - RFE Received (email, rec'd RFE by mail 3/25)
03/26/2013 - Reply to RFE sent
04/03/2013 - NOA2 Received

NVC:
04/08/2013 - Case arrived at NVC
04/19/2013 - Received case #, IIN, gave e-mail addresses
04/19/2013- OPTIN Email Sent for EP
04/23/2013- DS-261 Sent
04/24/2013 - AOS bill invoiced & PAID
04/25/2013- OPTIN Email Accepted
05/01/2013 - AOS bill appears as PAID
04/30/2013 - AOS Package sent
05/03/2013 - AOS/I-864 accepted
05/07/2013 - IV bill invoiced & PAID
05/09/2013 - IV bill appears as PAID
05/09/2013 - IV Package sent
05/22/2013 - Case Complete
07/09/2013 - Interview date

aws&ndd Rising Star

aws&ndd   103

Posted
Filed: AOS (pnd) Country: Colombia
 Timeline
Posted

You still need to include your daughter in your household size regardless of whether you claim her on taxes or not. The I-864 instructions clearly state that in counting household size: "Your household size includes yourself and the following individuals, no matter where they live:...any dependent children under the age of 21..." (page 2) I-864 Instructions

pushbrk Grand Master

pushbrk   13,558

Posted
Filed: Other Country: China
 Timeline
Posted

You still need to include your daughter in your household size regardless of whether you claim her on taxes or not. The I-864 instructions clearly state that in counting household size: "Your household size includes yourself and the following individuals, no matter where they live:...any dependent children under the age of 21..." (page 2) I-864 Instructions

Correct. Children under 21 are always counted in household size no matter where they live and no matter what else. I don't necessarily agree with this for a married child but that's what the instructions say.

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smrowe Enthusiast

smrowe   12

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
  • Author
Posted

Thanks, folks. Wasn't quite sure how this mapped with tax determinations, but that settles it. :thumbs:

event.png


USCIS:
07/30/2012 - I-130 Sent
07/31/2012 - NOA1 Received (Petition sent to the dreaded VSC, rec'd by mail 08/17/2012)
03/22/2013 - RFE Received (email, rec'd RFE by mail 3/25)
03/26/2013 - Reply to RFE sent
04/03/2013 - NOA2 Received

NVC:
04/08/2013 - Case arrived at NVC
04/19/2013 - Received case #, IIN, gave e-mail addresses
04/19/2013- OPTIN Email Sent for EP
04/23/2013- DS-261 Sent
04/24/2013 - AOS bill invoiced & PAID
04/25/2013- OPTIN Email Accepted
05/01/2013 - AOS bill appears as PAID
04/30/2013 - AOS Package sent
05/03/2013 - AOS/I-864 accepted
05/07/2013 - IV bill invoiced & PAID
05/09/2013 - IV bill appears as PAID
05/09/2013 - IV Package sent
05/22/2013 - Case Complete
07/09/2013 - Interview date

aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

Correct. Children under 21 are always counted in household size no matter where they live and no matter what else. I don't necessarily agree with this for a married child but that's what the instructions say.

The instructions does say unmarried children under 21. Married children are not counted.

 
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