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Hello all, 

 

I'm the K1 beneficiary. Filing my AOS and my husband (the USC petitioner) has three kids. They co-parent so they don't have strict custody restrictions but we have them on the weekend and the summer. Wonder if we add them to the household size? That's a bit more than 1/3 of the year that they're with us. He splits expenses with their bio mom, but they amicably separated and did not do a divorce. They had a dissolution of marriage. Any advice would be great about claiming them as dependents or not (he does not claim them as such on his tax returns). 

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1 hour ago, KristineGB said:

Hello all, 

 

I'm the K1 beneficiary. Filing my AOS and my husband (the USC petitioner) has three kids. They co-parent so they don't have strict custody restrictions but we have them on the weekend and the summer. Wonder if we add them to the household size? That's a bit more than 1/3 of the year that they're with us. He splits expenses with their bio mom, but they amicably separated and did not do a divorce. They had a dissolution of marriage. Any advice would be great about claiming them as dependents or not (he does not claim them as such on his tax returns). 

Go with what the tax returns says. 


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Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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1 hour ago, KristineGB said:

Hello all, 

 

I'm the K1 beneficiary. Filing my AOS and my husband (the USC petitioner) has three kids. They co-parent so they don't have strict custody restrictions but we have them on the weekend and the summer. Wonder if we add them to the household size? That's a bit more than 1/3 of the year that they're with us. He splits expenses with their bio mom, but they amicably separated and did not do a divorce. They had a dissolution of marriage. Any advice would be great about claiming them as dependents or not (he does not claim them as such on his tax returns). 

 

He must count all his children in his household count on the I-864.  

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1 hour ago, KristineGB said:

Hello all, 

 

I'm the K1 beneficiary. Filing my AOS and my husband (the USC petitioner) has three kids. They co-parent so they don't have strict custody restrictions but we have them on the weekend and the summer. Wonder if we add them to the household size? That's a bit more than 1/3 of the year that they're with us. He splits expenses with their bio mom, but they amicably separated and did not do a divorce. They had a dissolution of marriage. Any advice would be great about claiming them as dependents or not (he does not claim them as such on his tax returns). 

The I-864 clearly asks for (all) children and the instructions state it as well.  No matter what the circumstances or which parent they live with. 

The only children who can be excluded are those over age of majority (usually 18) 

All of the petitioner’s children count towards household size.

Edited by Nitas_man

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19 hours ago, Greenbaum said:

Go with what the tax returns says. 

Thanks Greenbaum. I hope you are well. 

19 hours ago, Nitas_man said:

The I-864 clearly asks for (all) children and the instructions state it as well.  No matter what the circumstances or which parent they live with. 

The only children who can be excluded are those over age of majority (usually 18) 

All of the petitioner’s children count towards household size.

Thank you very much. He and I were debating on this as I'd say he must put them all. I tasked him with his forms so I haven't read the instructions yet, which I will do after I finish MY assignment which is the i485. I figured I'd try to get other's tips because instructions confuse me too sometimes. 

Edited by KristineGB
added info

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4 hours ago, KristineGB said:

Thanks Greenbaum. I hope you are well. 

Thank you very much. He and I were debating on this as I'd say he must put them all. I tasked him with his forms so I haven't read the instructions yet, which I will do after I finish MY assignment which is the i485. I figured I'd try to get other's tips because instructions confuse me too sometimes. 

Household size on a support affidavit is material to the approval decision.  Omit there - it risks every subsequent step.  He’s going to need to get that right.

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Yes he counts them.  He counts any minor children he has regardless even if he sees them or not. Even if he pays nothing or all of their care. Even if he cannot claim them on a tax return.  They are his dependents unless he relinquishes his parental rights.  If their mother dies, they will be his complete responsibility. He counts 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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17 hours ago, Nitas_man said:

Household size on a support affidavit is material to the approval decision.  Omit there - it risks every subsequent step.  He’s going to need to get that right.

Thanks. We will put them in. 

14 hours ago, NikLR said:

Yes he counts them.  He counts any minor children he has regardless even if he sees them or not. Even if he pays nothing or all of their care. Even if he cannot claim them on a tax return.  They are his dependents unless he relinquishes his parental rights.  If their mother dies, they will be his complete responsibility. He counts them. 

Thank you very much. We've now included them in the form.

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