Who dp we count for household size? (split)

[HP+IC 292]

17 minutes ago, geowrian said:

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.

Does it mean that if my fiance filed I-864 for his ex wife when she filed for AOS from B2 visa and now they are divorced and her whereabouts and status in US are unknown, she's still to be included into his household? Does it mean that his daughter, who he petitioned for to come to live in US, eventually got her GC and left for Ukraine for good and later surrendered her GC and now travels on long term B2, is also tp be included into his household? Thry are two persons he has sponsored. He files his taxes as single.

Edited October 29, 2018 by HP+IC

[HP+IC 292]

5 minutes ago, geowrian said:

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

 

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.

Thank you @geowrian. So even if ex wife gets out of status and becomes illegal?

Edited October 29, 2018 by HP+IC

[Alabamak1 688]

17 minutes ago, HP+IC said:

Does it mean that if my fiance filed I-864 for his ex wife when she filed for AOS from B2 visa and now they are divorced and her whereabouts and status in US are unknown, she's still to be included into his household? Does it mean that his daughter, who he petitioned for to come to live in US, eventually got her GC and left for Ukraine for good and later surrendered her GC and now travels on long term B2, is also tp be included into his household? Thry are two persons he has sponsored. He files his taxes as single.

the married and divorced ex wife is only counted on the household till the 10 years are over from when he signed that affidaivit. No longer than the 10 years. His daughter when, she surrended her GC, is no longer in the picture of the household. Filing taxes as single in his case is ok. When you get into this picture, on the I-134, legally he would have to put 3, IMO. The 10 years from i can read in your post might not be over still. Hope this helps

[HP+IC 292]

1 minute ago, Alabamak1 said:

the married and divorced ex wife is only counted on the household till the 10 years are over from when he signed that affidaivit. No longer than the 10 years. His daughter when, she surrended her GC, is no longer in the picture of the household. Filing taxes as single in his case is ok. When you get into this picture, on the I-134, legally he would have to put 3, IMO. The 10 years from i can read in your post might not be over still. Hope this helps

Nope, 2 years post divorce. 3 is whom? There are himself, me, K2 kid and his ex. Income wise, he's okay with household of 4, but I want to be sure he fills in I-134 correctly. So shall it be 4 for I-134?

[Alabamak1 688]

Just now, HP+IC said:

Nope, 2 years post divorce. 3 is whom? There are himself, me, K2 kid and his ex. Income wise, he's okay with household of 4, but I want to be sure he fills in I-134 correctly. So shall it be 4 for I-134?

your USC fiance, you the "beneficiary", the K-2 and IMO the ex-wife. The ex-wife included, because the divorce might be final and she might be ilegally here, but that doesn't change the facts. He signed the I-864, which is enforcesable  till the 10 years run out. 

[HP+IC 292]

7 minutes ago, Alabamak1 said:

your USC fiance, you the "beneficiary", the K-2 and IMO the ex-wife. The ex-wife included, because the divorce might be final and she might be ilegally here, but that doesn't change the facts. He signed the I-864, which is enforcesable  till the 10 years run out. 

Thanks, so be it. I assume methodology behind I-134 and I-864 is the same, only % of poverty line differs

[Alabamak1 688]

2 minutes ago, HP+IC said:

Thanks, so be it. I assume methodology behind I-134 and I-864 is the same, only % of poverty line differs

same household size, just different form and 125% of poverty line.

[Ontarkie 13,914]

~~Hijacked post and related replies split from another members thread. Do not post questions for your case in other members threads. Your post has caused confusion to the OP.~~