FORM I-134, Question 8

[netminder30 1]

I am preparing the Form I-134 and have some questions concerning question 8.

I have three children with my divorced wife: a daughter (25), and two sons (17 & 20).

I pay child support for my sons. My daughter is essentially self-sufficient, although my ex-wife and I help her out with various expenses (e.g., I pay for my daughter's mobile phone and data services every month and help with car repairs and other odd expenses). I do not pay my ex-wife any alimony.

My question is, who should I list as dependents? As I list my 20-year-old son as a dependent on my tax return, I assume I should definitely show him as a partial dependent (he lives with his mother, who also provides financial support), but what about the other children? (My ex-wife lists them as dependents on her return.)

I read somewhere that Form I-864 Affidavit of Support, which is similar to the I-134, states "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 affidavit of support whom you are still obligated to support."

Does this mean I should list my two sons, but not my daughter since she is older than 25? I have seen on another site that only children declared as dependents on tax returns need to be listed on the I-134.

And should I list my fiancée and her 10-year-old-daughter as my dependents as well? Or is the form only interested in my current dependents? Of course I will be supporting my fiancée and her daughter once we are married.

Thanks in advance for your help.

Edited January 5, 2016 by netminder30

[baron555 934]

I am preparing the Form I-134 and have some questions concerning question 8.

I have three children with my divorced wife: a daughter (25), and two sons (17 & 20).

I pay child support for my sons. My daughter is essentially self-sufficient, although my ex-wife and I help her out with various expenses (e.g., I pay for my daughter's mobile phone and data services every month and help with car repairs and other odd expenses). I do not pay my ex-wife any alimony.

My question is, who should I list as dependents? As I list my 20-year-old son as a dependent on my tax return, I assume I should definitely show him as a partial dependent (he lives with his mother, who also provides financial support), but what about the other children? (My ex-wife lists them as dependents on her return.)

I read somewhere that Form I-864 Affidavit of Support, which is similar to the I-134, states "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 affidavit of support whom you are still obligated to support."

Does this mean I should list my two sons, but not my daughter since she is older than 25?

Yes

I have seen on another site that only children declared as dependents on tax returns need to be listed on the I-134.

And should I list my fiancée and her 10-year-old-daughter as my dependents as well? Or is the form only interested in my current dependents? Of course I will be supporting my fiancée and her daughter once we are married.

Follow the Example Forms

Thanks in advance for your help.

[netminder30 1]

I am preparing the Form I-134 and have some questions concerning question 8.

I have three children with my divorced wife: a daughter (25), and two sons (17 & 20).

I pay child support for my sons. My daughter is essentially self-sufficient, although my ex-wife and I help her out with various expenses (e.g., I pay for my daughter's mobile phone and data services every month and help with car repairs and other odd expenses). I do not pay my ex-wife any alimony.

My question is, who should I list as dependents? As I list my 20-year-old son as a dependent on my tax return, I assume I should definitely show him as a partial dependent (he lives with his mother, who also provides financial support), but what about the other children? (My ex-wife lists them as dependents on her return.)

I read somewhere that Form I-864 Affidavit of Support, which is similar to the I-134, states "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 affidavit of support whom you are still obligated to support."

Does this mean I should list my two sons, but not my daughter since she is older than 25? I have seen on another site that only children declared as dependents on tax returns need to be listed on the I-134.

And should I list my fiancée and her 10-year-old-daughter as my dependents as well? Or is the form only interested in my current dependents? Of course I will be supporting my fiancée and her daughter once we are married.

Thanks in advance for your help.

I reported that my daughter's age is 25, when it is actually 22. Therefore, my question should have read, "Does this mean I should list my two sons, but not my daughter since she is older than 21?"