K-1

[Kolewenoik31 57]

I hope that this question is clearly stated. I have seen the poverty guidelines for the I-864 and it is basically based on the number of people in the petitioner's household. Now my question is, if I have 4 children in my home 2 are under 18 and 2 are 18 and older do I include the children that are 18 and older in the 125% guidelines and if I must claim the 2 older children that are really considered adults now. What if I am not financially supporting them and do I have to prove it? If the older 2 are just living in my home do I need to even include them as part of the household income? If they both work can they be considered as separate household even though they live with me and can I just count the 2 under 18? ***Note 4 separate questions

[mtcmk1 37]

Hello. It doesn't matter about their age. If you claim any or all of them as dependents on your Tax Returns you need to include them as part of your household. Hope this answers the question! Good luck!

[KayDeeCee 4,902]

I hope that this question is clearly stated. I have seen the poverty guidelines for the I-864 and it is basically based on the number of people in the petitioner's household. Now my question is, if I have 4 children in my home 2 are under 18 and 2 are 18 and older do I include the children that are 18 and older in the 125% guidelines and if I must claim the 2 older children that are really considered adults now. What if I am not financially supporting them and do I have to prove it? If the older 2 are just living in my home do I need to even include them as part of the household income? If they both work can they be considered as separate household even though they live with me and can I just count the 2 under 18? ***Note 4 separate questions

For minors under 21 that have not been legally emancipated, they are your dependents and counted in your household size for sure. It does not matter where they live or if you claim them on your taxes or not. If you have adult children that are emancipated and you do not claim them on your taxes, then they are not counted. Otherwise they are.

[Kolewenoik31 57]

Hello. It doesn't matter about their age. If you claim any or all of them as dependents on your Tax Returns you need to include them as part of your household. Hope this answers the question! Good luck!

I am trying to not put to much of my business out here sorry! But I have not filed head of household in many years. I was previously married years ago since then I have not made enough money to file taxes. My oldest son did work and will be filing taxes this year and claiming all of the family he made the most money. So basically I have no taxes to file. But the reason I asked about age is because my older children fall under my lease not as head of house but as people living in the home.

[Kolewenoik31 57]

For minors under 21 that have not been legally emancipated, they are your dependents and counted in your household size for sure. It does not matter where they live or if you claim them on your taxes or not. If you have adult children that are emancipated and you do not claim them on your taxes, then they are not counted. Otherwise they are.

Emancipated??? why would a 18-21 yr old need emancipation are they not considered adults? No they are not as you say "emancipated" not sure what that really means because they are old enough to live independently. So again if they live in my home work, pay there own expenses, and file there own taxes then they are not counted?

[KayDeeCee 4,902]

Emancipated??? why would a 18-21 yr old need emancipation are they not considered adults? No they are not as you say "emancipated" not sure what that really means because they are old enough to live independently. So again if they live in my home work, pay there own expenses, and file there own taxes then they are not counted?

That is the term for it. Some states have automatic emancipation when a child reaches a certain age. Some states the non-custodial parent would need to petition the court to have the child emancipated so they are no longer required to pay child support. Hitting 18 does not always automatically make a minor child instantly an adult. Emancipated is just a child coming of age; being an adult legally. If your older 2 children support themselves, are not dependent on you, and you do not claim them on your taxes, then they would not be counted in your household size. Household count is not based on who lives with you or doesn't. Household count is, yourself, any spouse, any minor dependent children, anyone else you claim on your taxes, plus the intending immigrant. You are using the I-134 for the K-1, but read the I-864 instructions. They are much more detailed about household count and required supporting evidence. You will need the I-864 soon anyway for AOS and most consulates use those guidelines, even when dealing with the I-134 for the K-1.

[Kolewenoik31 57]

That is the term for it. Some states have automatic emancipation when a child reaches a certain age. Some states the non-custodial parent would need to petition the court to have the child emancipated so they are no longer required to pay child support. Hitting 18 does not always automatically make a minor child instantly an adult. Emancipated is just a child coming of age; being an adult legally. If your older 2 children support themselves, are not dependent on you, and you do not claim them on your taxes, then they would not be counted in your household size. Household count is not based on who lives with you or doesn't. Household count is, yourself, any spouse, any minor dependent children, anyone else you claim on your taxes, plus the intending immigrant. You are using the I-134 for the K-1, but read the I-864 instructions. They are much more detailed about household count and required supporting evidence. You will need the I-864 soon anyway for AOS and most consulates use those guidelines, even when dealing with the I-134 for the K-1.

Thank you so much for this clarification. It makes sense now in my head! Wow never thought I would get a clear understanding lol!!! jk