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How to count house hold

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HI, very confused on how to count house hold, i have a child that is 14 and stays with his mom i support him but i am not on child support and i did not count him on taxes as a dependent so do i have to include him on my i864,? i did a k1 visa while back and i never included him on the i134 as a dependent because i didnt claim him on my taxes, and it was approve with no problem. i ask a couple of attorneys and they say as long as im not on a court order to pay child support, or claim him on my taxes i dont have to list him on my i864 as a dependent, but after searching on visa journey, some people say no and some say yes, so can someone please help me with this.

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Filed: Citizen (pnd) Country: Slovenia
Timeline

Hmmm my wife is on the same boat. She has 16 years old son who is living with his father in the States from last september. On 2012 tax report she counted him as a dependent, but this year she will not, because he is not living with us.

I understand I864 instructions as that you have to count any unmarried children who are under 21,even if you don't have legal custody.

PS. Sorry for my grammar mistakes:)

Edited by Frips

N-400 Timeline
04/02/19 N-400 Submitted online
04/22/19 Biometrics
11/05/19 Interview (Approved)


ROC Timeline

Service Center: California

08/11/17 I-751 Packet delivered to USCIS

09/18/17 Biometrics Appointment

08/17/18 2nd extension letter (additional 6 months)

11/02/18 New card is being  produced (Approved)

 

NVC
11-04-2014 NVC case receive

05-20-2015 Visa received

10-06-2015 Time to kick back and let it fly

 

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Hmmm my wife is on the same boat. She has 16 years old son who is living with his father in the States from last september. On 2012 tax report she counted him as a dependent, but this year she will not, because he is not living with us.

I understand I864 instructions as that you have to count any unmarried children who are under 21,even if you don't have legal custody.

PS. Sorry for my grammar mistakes:)

well i just left attorney i ask them about the what the instructions say on the i864, they told me nope you are not going to count him as a dependent because you didnt claim him on tax return and he do not live with you, this is the same attorney who did my k1visa and i did not claim my kids on the i134, and when my ex went to the k1 interview officer ask her my kids name and age and the officer still approve it, and at that time i had two kids under 21, so im going to roll with the attorney i didnt get a rfe last time , and hoping not to get one this time. and i even called two more attorneys to get it verified and both said the same thing.

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Filed: Citizen (pnd) Country: Slovenia
Timeline

Hmm interesting. Thx for the info. So my wife should count him, because she claimed him in the last 2012 tax return.

Edited by Frips

N-400 Timeline
04/02/19 N-400 Submitted online
04/22/19 Biometrics
11/05/19 Interview (Approved)


ROC Timeline

Service Center: California

08/11/17 I-751 Packet delivered to USCIS

09/18/17 Biometrics Appointment

08/17/18 2nd extension letter (additional 6 months)

11/02/18 New card is being  produced (Approved)

 

NVC
11-04-2014 NVC case receive

05-20-2015 Visa received

10-06-2015 Time to kick back and let it fly

 

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Hmm interesting. Thx for the info. So my wife should count him, because she claimed him in the last 2012 tax return.

i wish i knew , i dont want to be the one to tell you the wrong thing. it bug me all last night so i didnt even go to work today went to attorney office to get answers and thats what i was told by them , and then comfirmd by two more attorney, so i dont know if she have to claim him since she didnt use him in her 2013 and look like 2014 taxes

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Filed: Citizen (pnd) Country: Slovenia
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i wish i knew , i dont want to be the one to tell you the wrong thing. it bug me all last night so i didnt even go to work today went to attorney office to get answers and thats what i was told by them , and then comfirmd by two more attorney, so i dont know if she have to claim him since she didnt use him in her 2013 and look like 2014 taxes

Ooops, it was in 2010,2011,2012 and 2013....Somehow forgot that we are in 2014 now:).

Now we are waiting for case # at NVC. We will count him anyway, because he is in her last,02013 tax report.


N-400 Timeline
04/02/19 N-400 Submitted online
04/22/19 Biometrics
11/05/19 Interview (Approved)


ROC Timeline

Service Center: California

08/11/17 I-751 Packet delivered to USCIS

09/18/17 Biometrics Appointment

08/17/18 2nd extension letter (additional 6 months)

11/02/18 New card is being  produced (Approved)

 

NVC
11-04-2014 NVC case receive

05-20-2015 Visa received

10-06-2015 Time to kick back and let it fly

 

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You count any children you have, no matter where they live, if you support them or not, or if you claim them on taxes or not. At least for the I-864 those are the rules, period.

Edited by NLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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You count any children you have, no matter where they live, if you support them or not, or if you claim them on taxes or not. At least for the I-864 those are the rules, period.

so on i134 you dont have to claim your dependents

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No idea. I've never had to fill one out and try super duper hard not to give advice about them. The IR1/CR1 process deals strictly with the I-864.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: Citizen (pnd) Country: Slovenia
Timeline

Again NLR, as always, thanx a lot:)


N-400 Timeline
04/02/19 N-400 Submitted online
04/22/19 Biometrics
11/05/19 Interview (Approved)


ROC Timeline

Service Center: California

08/11/17 I-751 Packet delivered to USCIS

09/18/17 Biometrics Appointment

08/17/18 2nd extension letter (additional 6 months)

11/02/18 New card is being  produced (Approved)

 

NVC
11-04-2014 NVC case receive

05-20-2015 Visa received

10-06-2015 Time to kick back and let it fly

 

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Filed: Country: Mexico
Timeline

Yes they are counted, unless they have reached the age of majority for your state.

Page 5 of the I-864 instructions >

1. Item Number 4. 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.

Page 8: How to count household size >

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Filed: Country: Jamaica
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I HAD MY CR1 INTERVIEW IN AUGUST,2014, AND GOT APPROVE MY HUSBAND HAS 7 KIDS THREE OVER 21 FOUR UNDER 21 AND HE DIDN,T CLAIM NONE OF HIS KIDS, AS DEPENDENTS ON HIS I864 BECAUSE HE DIDNT CLAIM THEM ON HIS TAXES AND NONE STAY WITH HIM, AT THE INTERVIEW I WAS ASK HOW MANY KIDS HE HAVE AND DID I EVER TALK TO HIS KIDS ON THE PHONE, I SAID YES AND THEY ASK ME DO I KNOW THEIR NAMES AND AGE, I TOLD THEM ,AND THEY SAID YOU NO A LOT BOUT YOUR HUSBAND, AND TOLD ME I WAS APPROVE

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