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I864 Divoiced Family(Non-Custodial Parent) Household Size, include ex-wife???

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Hello, everyone. I'm a little confused to I864-Part5 Household Size. I am a US citizen and I have two kids but my kids are living with their ex-wife overseas. They are under 21 years old. I'm not custodial parent but I have to pay child support. I remarried with my current wife.

Part 5

Your household size
Provide the number you entered in Part3. Item Number 28. ----- I enter (1) for my current wife who I am sponsoring.

2 Yourself ---- I enter (1) for myself.

3 If you are currently married ,enter 1 for your spouse.-- I do enter ‘0’ here even though I am married because I have already entered my wife in part (1) as the person I am sponsoring and I should not include the same person twice, right?

4 If you have dependent children, enter the number here---- I enter (2) for my sons, right??

5 If you have any other dependent, enter number here---- Do I have to list my ex-wife here? She was a dependent in my income tax return, but I won't include her in the future tax return. It's weird. I only pay child support to children. I read the instruction "You must include each and every person whom you have claimed as a dependent on your most recent Federal income tax return, even if that person is not related to you. Even if you are not legally obligated to support that person, you must include the person if, in fact, you did support that person and claimed the person as a dependent."

I would appreciate any advice anyone has to give regarding this section. Thanks in advance!!!!

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Yes, don't count your wife twice.

Yes, you need to list your minor kids even if they are not living with you.

If you counted your ex as a dependent in your most recent tax return, you would need to include her because, legally, she is considered financially dependent on you. You could file an ammended tax return,l or wait until next year and file the 2016 asap without her on it.

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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But she is unemployed

doesn't matter

Our journey:


September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*


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