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goofyjoseph

I-485 Part 6, Question 1. # of Children

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Hello everyone, I have a question coz me and my wife confused about this. I have 4 children in which my ex-wife have the custody of. I am not able to ever claim them on taxes or anywhere else except for my Child support.  My Filipina wife doesn't have any kids, or we have any together. Should we still put there "4" coz of my kids or "0" coz my wife don't have kids?

 

This is very important because I make barely enough for the 125% above poverty for a family of 2, while I would need a Co-Sponsor for the family of 6. 

 

We appreciate any answers. We just want to make sure what we need to put there before we submit everything. Thank Y'all.

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22 minutes ago, goofyjoseph said:

Hello everyone, I have a question coz me and my wife confused about this. I have 4 children in which my ex-wife have the custody of. I am not able to ever claim them on taxes or anywhere else except for my Child support.  My Filipina wife doesn't have any kids, or we have any together. Should we still put there "4" coz of my kids or "0" coz my wife don't have kids?

 

This is very important because I make barely enough for the 125% above poverty for a family of 2, while I would need a Co-Sponsor for the family of 6. 

 

We appreciate any answers. We just want to make sure what we need to put there before we submit everything. Thank Y'all.

Do you pay child support or are you partially financially responsible for them?

This is from the I864 instructions:

 

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.

 

Item Number 5. Type or print the number of any other dependents. You must include each and every person whom you have claimed as a dependent on your most recent Federal income tax return, even if that person is not related to you. Even if you are not legally obligated to support that person, you must include the person if, in fact, you did support that person and claimed the person as a dependent.

Edited by K1visaHopeful

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You count your children regardless, especially on the I-864 even if you didn't pay child support or see them. 


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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7 minutes ago, goofyjoseph said:

so for both the i-864 & I-485 we report my 4 children and are family of 6 in the eyes of the USCIS. So when i have my dad file as Co-sponsor we will become a family of 8 to include my dad and mom Right?

no.

For you I-864 you are a family of 6

For your father's I-864 he will count himself, your mother, and your spouse and any other dependents they may have.  His will be at least 3. 

Your mother should also file I-864a with your father's I-864


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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3 hours ago, NikLR said:

no.

For you I-864 you are a family of 6

For your father's I-864 he will count himself, your mother, and your spouse and any other dependents they may have.  His will be at least 3. 

Your mother should also file I-864a with your father's I-864

Doesn't his father have to include him, the sponsor, as well? I thought that by definition, if the sponsor doesn't qualify, the cosponsor has to include the sponsor as well. Totally wrong? Now that I type it out, it seems wrong. 


Adjusting from TN to GC as spouse of USC

2015-11-23: Last TN received at CBP

2017-06-12: Married

2018-06-25: Mailed I-485, I-864, I-130/I-130A, and I-765 to USCIS

2018-07-24: Biometrics appointment

2018-08-28: Expedite request submitted for EAD via USCIS support line

2018-09-21: EAD and SSN received in the mail

2018-10-11: Case is ready to be scheduled for interview

2018-10-31: Interview is scheduled

2018-11-21: TN expired

2018-12-11: AOS Interview - approved 

2018-12-18: Green Card received

------------------

2020-12-11: Conditional green card expires 

 

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1 minute ago, eckoin said:

Doesn't his father have to include him, the sponsor, as well? I thought that by definition, if the sponsor doesn't qualify, the cosponsor has to include the sponsor as well. Totally wrong? Now that I type it out, it seems wrong. 

nope he's a USC. 

 

I'm also assuming his father doesn't claim him on his tax returns.  But with 4 kids I assume he's no longer eligible unless he was a very young father. 

Edited by NikLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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9 minutes ago, NikLR said:

nope he's a USC. 

 

I'm also assuming his father doesn't claim him on his tax returns.  But with 4 kids I assume he's no longer eligible unless he was a very young father. 

Oh dang I was totally confused. So in what appears to be this scenario, the father has to include himself, the beneficiary spouse, and his wife (OP's mother)? Why OP's mother, is it only because she's assumed to have no income? What if she had a job as well? If he had another child that lived with him, the father, but the child has a job, would that child have to be included as well? It is just the spouse that matters? 

 

I know you can't combine income with the income of your cosponsor, but determining dependents have always confused me. 

Edited by eckoin

Adjusting from TN to GC as spouse of USC

2015-11-23: Last TN received at CBP

2017-06-12: Married

2018-06-25: Mailed I-485, I-864, I-130/I-130A, and I-765 to USCIS

2018-07-24: Biometrics appointment

2018-08-28: Expedite request submitted for EAD via USCIS support line

2018-09-21: EAD and SSN received in the mail

2018-10-11: Case is ready to be scheduled for interview

2018-10-31: Interview is scheduled

2018-11-21: TN expired

2018-12-11: AOS Interview - approved 

2018-12-18: Green Card received

------------------

2020-12-11: Conditional green card expires 

 

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2 hours ago, eckoin said:

Oh dang I was totally confused. So in what appears to be this scenario, the father has to include himself, the beneficiary spouse, and his wife (OP's mother)? Why OP's mother, is it only because she's assumed to have no income? What if she had a job as well? If he had another child that lived with him, the father, but the child has a job, would that child have to be included as well? It is just the spouse that matters? 

 

I know you can't combine income with the income of your cosponsor, but determining dependents have always confused me. 

Well he has to count his own spouse in his household count regardless of if she  makes income or not.  

If the child is under 21 and is claimed on the father's taxes then yes, he would claim that child. 

If the child was over the age of majority for their location and did not live with the father and was not claimed on taxes then no he doesn't count that child.

 

You CAN combine income with a household member.  You cannot combine income with a joint sponsor. 

In the OP's instance, it's easier for his father to be a joint sponsor.   Unless he's got 4+ siblings living at home under the age of 21, that is.  


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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1 minute ago, NikLR said:

Well he has to count his own spouse in his household count regardless of if she  makes income or not.  

If the child is under 21 and is claimed on the father's taxes then yes, he would claim that child. 

If the child was over the age of majority for their location and did not live with the father and was not claimed on taxes then no he doesn't count that child.

Sorry, just to confirm - if the child is over the age of majority, is not claimed as a dependent, but does live with the father - would he have to be claimed in the household size, similar to the mother? Basically, is household the literal definition of who's in the household for the majority of the time? Also, would the mother who's claimed in the household size have to fill out an I-864a only if she wanted to add to the father's income (using this example but it got out of hand)? Is that the purpose of I-864a, for supplemental income for joint sponsors who still don't make quite enough? Or is there another purpose to it? 

 

1 minute ago, NikLR said:

You CAN combine income with a household member.  You cannot combine income with a joint sponsor. 

In the OP's instance, it's easier for his father to be a joint sponsor.   Unless he's got 4+ siblings living at home under the age of 21, that is.  

Yep, meant a joint sponsor in that sentence. But now I realize I don't know what household member really means either. 

 

Apologies for hijacking this thread (not sure if it might still help OP). I've just always been wondering and it came up. 


Adjusting from TN to GC as spouse of USC

2015-11-23: Last TN received at CBP

2017-06-12: Married

2018-06-25: Mailed I-485, I-864, I-130/I-130A, and I-765 to USCIS

2018-07-24: Biometrics appointment

2018-08-28: Expedite request submitted for EAD via USCIS support line

2018-09-21: EAD and SSN received in the mail

2018-10-11: Case is ready to be scheduled for interview

2018-10-31: Interview is scheduled

2018-11-21: TN expired

2018-12-11: AOS Interview - approved 

2018-12-18: Green Card received

------------------

2020-12-11: Conditional green card expires 

 

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3 hours ago, eckoin said:

Sorry, just to confirm - if the child is over the age of majority, is not claimed as a dependent, but does live with the father - would he have to be claimed in the household size, similar to the mother? Basically, is household the literal definition of who's in the household for the majority of the time?

Nope. Household size is not determined by who lives in the same residence. It's about who is dependent upon the sponsor. This includes a spouse, anybody claimed on your taxes as a dependent, unmarried children under 21 (or under the age of majority in their location of domicile), and anybody previously sponsored with an active I-864. Then add the sponsor and the intending immigrant.

 

3 hours ago, eckoin said:

Also, would the mother who's claimed in the household size have to fill out an I-864a only if she wanted to add to the father's income (using this example but it got out of hand)? Is that the purpose of I-864a, for supplemental income for joint sponsors who still don't make quite enough? Or is there another purpose to it? 

If taxes are filed jointly between the father and mother, and one parent provides an I-864 as a joint sponsor, then it is standard practice to provide an I-864A from the other parent. This is not required, but is fairly often requested by NVC or a CO/IO.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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so for more details on my "scenario" so it may be clearer.

 

1. I am 36 years old and my dad has not claimed me on taxes in many years.

2. my mom is retired on SS only, and my dad is about to retire.

3. my parents live in Texas with no one in their house

4. all 4 of my children live full time at their mother's house

5. my wife from the Philippines does not have any children and we do not have any together. 

6. my wife doesn't work. 

7. I am a disabled (combat) vet that works for the local university. 

8. I was a full-time graduate student until December when I graduated. 

9. we filled out and filed the 129f on our own and was approved without any RFE's

10. Her I-94/visa stamp expires this month so she will be "out of status" soon. 

 

I hope the additional information helps. we are trying to follow and understand what is being said but we are struggling so far........ what is (OP)

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  You household is at least  6  ( you ,wife and 4 kids )   and anyone you may have cosponsored or  sponsored that is still in the US , not yet a USC and not yet credited with 40 quarters of SS credits ( like maybe your ex or her parents  )

 

  Your fathers household size is 3  ( him, the wife and your new wife )   plus anyone he may  have cosponsored or sponsored    in the past  that is still in the US , not yet a USC and not yet credited with 40 quarters of SS credits ( like maybe your ex or her parents  )
 

  


This will not be over quickly. You will not enjoy this.

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