I-134 Dependents section

[Trameko38 7]

Hi!  I have a 11 year old son.  His mom and I were never married and I don't have any court child support requirements but she claims him on her taxes.  Do I need to put him down on the I-134 as a dependent?  I've been hearing that I don't because he's not on my taxes

[NikLR 13,220]

Yes. He is your child regardless of support currently given or not or even if you never see him. 

[Trameko38 7]

That information sounds off.  They are looking for whoever is on your taxes as a dependent/a part of your household. 

[Trameko38 7]

I never asked whether he was my son.  I'm asking what they're looking for on paper for household status.  The information I've read and seen states if they are on your taxes as dependent then you have to put them down as dependent on your I-134

[myjourney2018 52]

According to these instruction, you would not put him as your dependents since you did not claim him on your tax returns.  

[Trameko38 7]

Thanks.  I've read this also but I know so many have went through this and are going through it.  He lives with his mom and she usually puts him on her taxes because both parent can claim

[myjourney2018 52]

23 minutes ago, Trameko38 said:

Thanks.  I've read this also but I know so many have went through this and are going through it.  He lives with his mom and she usually puts him on her taxes because both parent can claim

I'm a bit confused.  The instruction said not to because you didn't claim him on your tax so are you trying to claim him on your tax so you want to put him as a dependent or what is the actual question or end goal here?  

[Trameko38 7]

Sorry for the confusion. You answered my question as needed.  Thanks

[Ontarkie 13,915]

~~Moved to K1 P&P from K1 Progress Reports. Duplicate thread also removed.~~

 

 

Mod hat off

 

Yes you claim your son as a dependent, it does not matter if he's living with you or how you file your taxes. 

[Trameko38 7]

from what I've read and researched.. I dont think that's accurate

[NikLR 13,220]

[NikLR 13,220]

So you MUST include any children under 21, unless they have reached the age of majority in their place of domicile AND you do not claim them on taxes.  (so in most areas, be 18, not living with you, and not claimed.)

[myjourney2018 52]

2 hours ago, NikLR said:

This is instructions for I-864.  The original poster is referring to the I-134.  There is no Part 5. Sponsor's Household Size on the I-134 form.  

[NikLR 13,220]

I know.  But counting household members will be the same.  Just because the i-134 isnt legally binding and doesn't have great instructions.  Regardless the I-864 is needed for AOS so use their guidelines when you are lost. 

[NikLR 13,220]

Also to put it really bluntly, if this child's mother dies then the father will be 100% responsible for this child even of he doesnt see or put a cent to this child's welfare currently, regardless of why.  This child is his dependent until he is an adult.