Confuse with filling out I 864 form household number. Need help

[jkutscher 1]

Need help with filling out the I 864. We are confused about counting the household size. Do I need to include his child as part of the household size if I Do NOT CLAIM HER ON MY federal income tax? 

 

On part 5 item number 4 it asked if I have "dependent child". I have an 8 year old daughter whom I am paying for a child support. My ex girlfriend has the custody of my daughter and my daughter does not live with me. I did not claim her as dependent on his federal income tax cause my ex gf claimed her, do I need to add her to my household size number. The instruction kind of confusing to us. Badly needed help for this. Thanks

[geowrian 22,336]

Yes.

 

https://www.uscis.gov/system/files_force/files/form/i-864instr.pdf (p. 7):

"Part 5. Sponsor’s Household Size

...

Item Number 4.

Type or print the number of unmarried children you have who are under 21 years of age, even if you do not have legal custody of these children. You may exclude any unmarried children under 21 years of age, if these children have reached majority under the law of their place of domicile and you do not claim them as dependents on your Federal income tax returns."

 

The bolded "and" means the exception only applies if they are both over the age of majority in their country of domicile as well as not a dependent on your taxes.

[jkutscher 1]

Okay I get it now. Thank you. It really helps. We wanted to make sure we filled it out right.