household size

[robbo1982 0]

hi my question is my fiance is in the usa and she lives with her step dad her two children and her two uncles and her stepdad has them as other dependent's on his tax returns but both my fiance and her uncles receive their own income from the state and not dependent on her step dads income now my question is are they counted on the household size or would t be just me and her stepdad when filing the i864 cause me and my fiance are confused how to calculate the household size   

[geowrian 22,335]

1) You will present an I-134 atr the embassy interview for the visa. The I-864 will come into play for AOS after entering the US on the K-1 visa and marrying.

2) It's a bit unclear on who is living with her...please use proper sentences, commas, periods, etc. Specifics matter, and any ambiguity can result in incorrect information.

3) Your fiance's household size appears to be 4 - herself, you, and her 2 kids. If she also claims anybody else on her tax returns, then that needs to be counted as well. If she sponsored anybody else and has an active I-864 for them, then they need to be counted. She does not need to claim her stepdad, uncles, etc. if they don't meet that criteria, regardless of where they live.

4) I'm assuming she is not using a co sponsor. A co sponsor has their own separate household size for their I-134.

[robbo1982 0]

4 minutes ago, geowrian said:

1) You will present an I-134 atr the embassy interview for the visa. The I-864 will come into play for AOS after entering the US on the K-1 visa and marrying.

2) It's a bit unclear on who is living with her...please use proper sentences, commas, periods, etc. Specifics matter, and any ambiguity can result in incorrect information.

3) Your fiance's household size appears to be 4 - herself, you, and her 2 kids. If she also claims anybody else on her tax returns, then that needs to be counted as well. If she sponsored anybody else and has an active I-864 for them, then they need to be counted. She does not need to claim her stepdad, uncles, etc. if they don't meet that criteria, regardless of where they live.

4) I'm assuming she is not using a co sponsor. A co sponsor has their own separate household size for their I-134.

it will be her dad that will be sponsoring me but my fiance and her kids and her two uncles live with him, and he claims them as others on tax's but my fiance and her 2 uncles have their own money coming in from the state.  so they not really dependent on her stepdads income and they pay their own way in the house

[geowrian 22,335]

2 minutes ago, robbo1982 said:

it will be her dad that will be sponsoring me but my fiance and her kids and her two uncles live with him, and he claims them as others on tax's but my fiance and her 2 uncles have their own money coming in from the state.  so they not really dependent on her stepdads income and they pay their own way in the house

Okay, so the stepfather would complete an I-134 (and I-864 later for AOS).

His household size would be himself, you, all people claimed on taxes, and anybody else he has sponsored. So that sounds like a household size of 7 since they are all claimed on his taxes as dependents. Whether or not they are actually dependent on him doesn't matter...if they are claimed on taxes as dependents then they must be included.

[robbo1982 0]

so will all the income be combined and if so what happens if the 2 uncles are mentally challenged and receive state disability and can not sign legal documents and have no legal guardian?

[geowrian 22,335]

17 minutes ago, robbo1982 said:

so will all the income be combined and if so what happens if the 2 uncles are mentally challenged and receive state disability and can not sign legal documents and have no legal guardian?

For the I-864, the qualifying household members can sign an I-864A to combine incomes. I do not believe there is a way to combine incomes for the I-134 (there is no I-134A or equivalent).

At the same time, London is one of the least strict embassies for the I-134. The immigrant can even self-sponsor with assets (sufficient for just the 90 days).

I'm not certain on the mentally challenged part, but if somebody has Power of Attorney, they are probably allowed to do so. I have to defer to others on specifics.

 

I'll tag a member here that knows London very well... @Wuozopo

 

12 minutes ago, HP+IC said:

Does it mean that if my fiance filed I-864 for his ex wife when she filed for AOS and now they are divorced and her whereabouts and status in US is unknown, she's to be included into his household?

Unless she became a US citizen, abandoned her green card, died, or worked for 40 quarters, then she is a dependent (even if not claimed on taxes). If unknown if that applies, it should still be assumed the I-864 is still intact IMO.

For the I-864, there is a field asking for the this number, and it will automatically include that in the household size calculation.

 

Edit: Just saw your edit. The one that surrendered the green card does not need to be counted as the I-864 no longer applies.

[Ontarkie 13,904]

~~Hijacked post and related replies removed from this thread.~~

[Wuozopo 4,285]

4 hours ago, robbo1982 said:

hi my question is my fiance is in the usa and she lives with her step dad her two children and her two uncles and her stepdad has them as other dependent's on his tax returns but both my fiance and her uncles receive their own income from the state and not dependent on her step dads income now my question is are they counted on the household size or would t be just me and her stepdad when filing the i864 cause me and my fiance are confused how to calculate the household size   

 

You don't have a timeline so I will go with--you have yet to get your K1 visa.

 

Your affidavit of support for a K1 interview in London is the I-134. That form does not ask household size.

 

It does ask the question of your sponsor::

The following persons are dependent upon me for support. 

 

Then it goes on to clarify by asking:

This person is:
__Wholly Dependent On Me For Support

__Partially Dependent On Me For Support 

 

So who does she support, either partially or fully? Have her list the names.

 

If her Dad is going to be sponsor instead of her, then he answers the same questions. If he claims dependent exemptions on his tax return for the following, then he has already claimed to the IRS that he provides more than 50% of their support. He may have five names to write down on the I-134.

1. Your fiance
2. Uncle 1
3. Uncle 2
4. Grandchild 1
5. Grandchild 2

 

 

 

 

[geowrian 22,335]

1 hour ago, Wuozopo said:

If her Dad is going to be sponsor instead of her, then he answers the same questions. If he claims dependent exemptions on his tax return for the following, then he has already claimed to the IRS that he provides more than 50% of their support. He may have five names to write down on the I-134.

1. Your fiance
2. Uncle 1
3. Uncle 2
4. Grandchild 1
5. Grandchild 2

Not the petitioner (since they are claimed on his taxes too)?

[Wuozopo 4,285]

2 hours ago, geowrian said:

Not the petitioner (since they are claimed on his taxes too)?

I really don'tfully understand the post. It's a generic reply. And the OP, being British, probably doesn't understand a US tax return.  

"but my fiance and her kids and her two uncles live with him, and he claims them as others on tax's "

What does that mean?

 

And I didn't even get into the I-864. One step at a time. 

[Villanelle 4,121]

I dont know the OP but I have a knack for translating stuff like this.

 

Robbo please read this and correct anything that is wrong.

Explanation-

-Fiance gets state payments for some reason, maybe social security/disability. Robbo why does she get money from the state? Certain income is not counted so we need to know how much her income is and where its from specifically to see if she can sponsor you on her own.

-2 uncles also live in the home. They are mentally disabled and get 'state' money. He also believes they are unable to sign things legally due to mental disability AND says there is NO guardian assigned. Robbo this is very strange because when someone officially  'loses' the ability to legally sign someone else HAS to be put in charge of signing. So either they were not officially stripped of being able to sign stuff or step dad or someone else was given guardianship and can sign. Also what type of state payments do they get? disability from federal government? 

-Step dad claims 2 uncles, fiance, and fiances 2 children on his taxes, probably as head of household

-Step dad is willing to be co-sponsor

 

His question is what is the household size because he feels that since 2 uncles and fiance have their own source of income and 'pay' for their own things in the house that they are not dependent on step dads income. This is obviously incorrect. When step dad claims people on his taxes he is saying that he provides more then 50% support for them.If in reality IF he does not provide over 50% he is committing tax fraud by claiming such. I dont think he is though. He provides housing, utilities, etc right? So he probably does cover 50% of their expenses. 

 

-

 

remember fiance needs to submit her own 864 even though she probably wont qualify. She should put herself down on it, him(immigrant) and her 2 children. If step dad wants to be co-sponsor he can fill out 864. IF his income alone is NOT enough he will have to get 864a from one or both uncles to include their income so you will have to know for sure if they are allowed to sign 864a and if not then who was assigned to be their guardian and can sign the forms. Step dads household for 864 purposes includes himself, fiance, 2 children, 2 uncles since he claimed them all on his taxes. 

Edited October 30, 2018 by Damara
used wrong word