Dependents on i-864

[KristineGB 56]

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). 

[Greenbaum 12,258]

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. 

[aaron2020 11,651]

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.  

[aaron2020 11,651]

21 minutes ago, Greenbaum said:

Go with what the tax returns says. 

Incorrect. 

 

Even though he does not claim them as dependents on his tax returns, he must count his kids in his household for the I-864.   

[Nitas_man 3,100]

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 October 31, 2019 by Nitas_man

[KristineGB 56]

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 October 31, 2019 by KristineGB
added info

[KristineGB 56]

19 hours ago, aaron2020 said:

Incorrect. 

 

Even though he does not claim them as dependents on his tax returns, he must count his kids in his household for the I-864.   

Oh I see. Okay. Thank you. 

[Nitas_man 3,100]

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.

[NikLR 13,220]

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. 

[KristineGB 56]

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.

[JFH 12,189]

*~*~*AOS question moved from “K-1 fiancé visa progress reports” to “AOS from K visas”*~*~*