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If person have kids ,but do not claim them on taxes and they do not live with that person,do they count as dependents on household size on I-864?


05/24/14 (day 01) Sent AOS package

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06/04/14 (day 10) Txt msg & Email received

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07/07/14 (day 41) Case moved to Testing&Interview

10/20/14 (day 146) Interview scheduled for November 25

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12/03/14 Card was mailed

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08/30/14 Sent I-765

09/05/14 Txt msg & Email received

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10/29/14 EAD Card Production

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HI,ty .Are you sure about this?


05/24/14 (day 01) Sent AOS package

05/26/14 (day 02) Package delivered to Chicago Lockbox

06/04/14 (day 10) Txt msg & Email received

06/09/14 (day 13) Received NOA1

06/26/14 (day 30) Biometrics Done

07/07/14 (day 41) Case moved to Testing&Interview

10/20/14 (day 146) Interview scheduled for November 25

11/25/14 (day 182) Interview,Approved on a spot

12/01/14 Received Welcome to USA letter

12/03/14 Card was mailed

12/04/15 Received Green Card on mail




08/30/14 Sent I-765

09/05/14 Txt msg & Email received

09/08/14 Received NOA1

10/29/14 EAD Card Production

11/04/14 Got tracking num for EAD

11/05/14 EAD on hands

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The previous post is incorrect. Children under 21 have to be counted whether they live with the person or not, unless they are married. If the children are married, 21 or older, or the age of majority where they live, then you do not count them.


This does not constitute legal advice.

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The previous post is incorrect. Children under 21 have to be counted whether they live with the person or not, unless they are married. If the children are married, 21 or older, or the age of majority where they live, then you do not count them.

Even person dont claim them on taxes?


05/24/14 (day 01) Sent AOS package

05/26/14 (day 02) Package delivered to Chicago Lockbox

06/04/14 (day 10) Txt msg & Email received

06/09/14 (day 13) Received NOA1

06/26/14 (day 30) Biometrics Done

07/07/14 (day 41) Case moved to Testing&Interview

10/20/14 (day 146) Interview scheduled for November 25

11/25/14 (day 182) Interview,Approved on a spot

12/01/14 Received Welcome to USA letter

12/03/14 Card was mailed

12/04/15 Received Green Card on mail




08/30/14 Sent I-765

09/05/14 Txt msg & Email received

09/08/14 Received NOA1

10/29/14 EAD Card Production

11/04/14 Got tracking num for EAD

11/05/14 EAD on hands

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Yes, the instructions are very clear about this. Children under 21 and unmarried must be included regardless of where they live and regardless of whether you claim them on your taxes. If they are of age in the place where they live, 18 in most places, they don't have to be counted. That I'm aware of the age of majority in the US is 18 anyway. Also, if you claimed any dependents last year, they have to be included as well.

Edited by Ian H.

This does not constitute legal advice.

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Filed: Citizen (apr) Country: Ireland
Timeline

Ian is correct, they count, because you are still responsible for them/ they could become part of your household anytime.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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On instruction it says you may exclude:if these children have reached majority under the law of their place of domicile AND YOU DO NOT claim them as dependents on ur income tax return


05/24/14 (day 01) Sent AOS package

05/26/14 (day 02) Package delivered to Chicago Lockbox

06/04/14 (day 10) Txt msg & Email received

06/09/14 (day 13) Received NOA1

06/26/14 (day 30) Biometrics Done

07/07/14 (day 41) Case moved to Testing&Interview

10/20/14 (day 146) Interview scheduled for November 25

11/25/14 (day 182) Interview,Approved on a spot

12/01/14 Received Welcome to USA letter

12/03/14 Card was mailed

12/04/15 Received Green Card on mail




08/30/14 Sent I-765

09/05/14 Txt msg & Email received

09/08/14 Received NOA1

10/29/14 EAD Card Production

11/04/14 Got tracking num for EAD

11/05/14 EAD on hands

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Exactly, so you may exclude them from the household size if they meet these requirements.

They can fall in more than one category because they may be minors and not your dependents, which means you have to include them. They could also be adults and your dependents, which means you would include them as well.

That's why you have to consider their age, marital status, and dependency status to decide whether or not you have to include them per the instructions.

If you tell me how old each child is, what state or country they live, their marital status, and whether they are your tax dependents, I can help you figure out who you have to include and who you don't if you are still unsure.

On instruction it says you may exclude:if these children have reached majority under the law of their place of domicile AND YOU DO NOT claim them as dependents on ur income tax return


Also are you referring to yourself as the petitioner, or a joint sponsor? Plus the intending immigrants children don't have to be included as part of the household size if they are not immigrating.

Edited by Ian H.

This does not constitute legal advice.

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