is my foreign born son a dependent? i-864 AOS

[Jesse/Chinie 11]

Hi, im trying to figure out what the rules are on if i should put my son born to my wife that im sponsoring and traveling with her to the usa on my i-864 Affidavit of support.

 

My son has no Social security number and he was not claimed on my taxes... he is 5 months old  but has his CRBA and passport. we will get his SSN when he is in usa

I'm not sure since he is my son but he was not claimed on my taxes .. I'm sure the NVC would want that verified on tax returns.

 

What i have underlined seems to say no I dont but rapid visa is saying yes I do 

 

[GreatDane 366]

Yes, your son counts as a dependent. Unless your five month old son is married or has reached the age of majority in the country he's living in, he's a dependent for the I-864. (He's 100% a dependent) This form is different than the amount used for tax purposes. 

Edited July 4, 2018 by GreatDane

[EmmNM 179]

Yes, you need to include him.

[Cyberfx1024 7,978]

8 minutes ago, Jesse/Chinie said:

Hi, im trying to figure out what the rules are on if i should put my son born to my wife that im sponsoring and traveling with her to the usa on my i-864 Affidavit of support.

 

My son has no Social security number and he was not claimed on my taxes... he is 5 months old  but has his CRBA and passport. we will get his SSN when he is in usa

I'm not sure since he is my son but he was not claimed on my taxes .. I'm sure the NVC would want that verified on tax returns.

 

What i have underlined seems to say no I dont but rapid visa is saying yes I do 

 

If he is your son then he is a dependant plain and simple.

[EM_Vandaveer 2,375]

From the instructions for Form I-864: "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."

[EM_Vandaveer 2,375]

14 minutes ago, Jesse/Chinie said:

Hi, im trying to figure out what the rules are on if i should put my son born to my wife that im sponsoring and traveling with her to the usa on my i-864 Affidavit of support.

 

My son has no Social security number and he was not claimed on my taxes... he is 5 months old  but has his CRBA and passport. we will get his SSN when he is in usa

I'm not sure since he is my son but he was not claimed on my taxes .. I'm sure the NVC would want that verified on tax returns.

 

What i have underlined seems to say no I dont but rapid visa is saying yes I do 

 

What you underlined says (before the underlined section) that IF they reached the age of majority AND you don't claim them on your taxes.

The second part applies to you but the first obviously doesn't. So your son counts as a dependent on I-864.

[Jesse/Chinie 11]

ok thanks  for your replies 

so would this be correct ...

im sponsoring my wife and my stepdaughter (on separate petitions and have seperate I-864's) and have the 1 son thats citizen by birth

i just want to make sure all this is correct

 

Edited July 4, 2018 by Jesse/Chinie

[TM92 527]

3 minutes ago, EM_Vandaveer said:

AND you don't claim them on your taxes.

To the OP: If my math is correct the now 5 month old was not alive on December 31, 2017, so there was no child to claim for 2017. For tax year 2018 your tax preparer will most likely include the child for child tax credits and deductions.

[Jesse/Chinie 11]

3 minutes ago, TM92 said:

To the OP: If my math is correct the now 5 month old was not alive on December 31, 2017, so there was no child to claim for 2017. For tax year 2018 your tax preparer will most likely include the child for child tax credits and deductions.

yeah I just need to know whats accurate for the I-864 form thats all

[EmmNM 179]

16 minutes ago, Jesse/Chinie said:

ok thanks  for your replies 

so would this be correct ...

im sponsoring my wife and my stepdaughter (on separate petitions and have seperate I-864's) and have the 1 son thats citizen by birth

i just want to make sure all this is correct

 

I will defer to someone else for an answer, but I think this is wrong. It says If you are currently married enter 1. But he entered 0. 

[EM_Vandaveer 2,375]

3 minutes ago, EmmNM said:

I will defer to someone else for an answer, but I think this is wrong. It says If you are currently married enter 1. But he entered 0. 

His wife is already counted under 1. as the immigrant. No one should be counted twice.

[Crazy Cat 39,854]

7 minutes ago, EmmNM said:

I will defer to someone else for an answer, but I think this is wrong. It says If you are currently married enter 1. But he entered 0. 

He doesn't have a spouse who is not sponsored in this affidavit....."0" is correct for item #3.

Edited July 4, 2018 by missileman

[Jesse/Chinie 11]

The dependent children is correct at 2 on my affidavit? my stepdaughter and my son that i stated before 

 

also on cosponsor's affidavit where would i put the remaining immigrant if they are filed separately..  I'm guessing for his would be 

29 would be my wife( immigrant #1)  cosponsor would be {2}  cosponsors wife would be {3} cosponsors son would be {4} and would my step daughter be on {5}?

thank you all for your help 

Edited July 4, 2018 by Jesse/Chinie

[EM_Vandaveer 2,375]

53 minutes ago, Jesse/Chinie said:

The dependent children is correct at 2 on my affidavit? my stepdaughter and my son that i stated before 

 

also on cosponsor's affidavit where would i put the remaining immigrant if they are filed separately..  I'm guessing for his would be 

29 would be my wife( immigrant #1)  cosponsor would be {2}  cosponsors wife would be {3} cosponsors son would be {4} and would my step daughter be on {5}?

thank you all for your help 

Joint sponsor puts their household count plus one (your wife, the intending immigrant). The joint sponsor  does NOT count any of YOUR dependents.

Edited July 4, 2018 by EM_Vandaveer

[Jesse/Chinie 11]

1 minute ago, EM_Vandaveer said:

Joint sponsor puts their household count plus one (your wife, the intending immigrant). The joint sponsor  does NOT count any of YOUR dependents.

my step daughter is an intended immigrant on a seperate i-864