Affidavit of Support Part 5. Sponsor's Household Size

[LesleyRyan 4]

Just need a little clarity on this topic. My husband is filling out the Affidavit of Support, and question 5-4 asked: "If you have dependent children, enter the number here". He has a child, but has no legal right to her, doesn't pay custody and does not claim her on his taxes. I told him she still counts as she is under the age of 21 and he's still her father. He says he has no rights to her. This isn't about custody rights though is it?

We will need to get a co-sponsor if this is the case. Thank you for your replies in advance

[mtlguy 59]

Does he have a court order backing up his claim? that he has no legal rights/responsibility to the child? if so, then the child is not a dependent.

If he doesn't have a court order, then the child is a dependent regardless of custody and child support payments.

[Sirliner 26]

Financially, the child would not be considered his dependent. The key being you say he does not claim her on his taxes. See IRS publication 17, Table 3-1, "Rules for claiming an exemption for a dependent". And I believe USCIS follows IRS guidelines.

[RinaW 1]

my fiance has two kids and doesn't claim them on his taxes. We didn't put them down as his dependents and it wasn't a problem.

[NikLR 13,234]

my fiance has two kids and doesn't claim them on his taxes. We didn't put them down as his dependents and it wasn't a problem.

He should have. No matter WHERE those children live in the world or who pays for them. Even if he has never seen them or gives them any money. According to the instructions they must be included until they are of the age of majority in their area (generally 18.)

By not including them he just committed perjury on a legally binding document.