I-864 clarification on Part 5 Household size

[Roxy&Ryan 72]

Hi everyone, i am hoping to submit my AOS for myself (K1) and my K2 by the end of this month. I need your help to decifer Part 5. What is consisdered the household size? do we add my spouse USC child in the household even if he doesnt live with us? Do i add my 14 yr old K2 even though he would need is own I-846 form? Any help would be appreciated. Thanks.

[Pinkrlion 2,607]

Was USC Child listed as a dependent on Income Taxes??? Then Yes.  

 

Household size would include you and your son on both.

[geowrian 22,335]

9 minutes ago, Pinkrlion said:

Was USC Child listed as a dependent on Income Taxes??? Then Yes.  

Or if they are under age 21 (or age of majority in their location of domicile), even if not claimed as a dependent on taxes or one does not have any custody of the child.

Quote

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

 

Edited May 28, 2020 by geowrian

[Roxy&Ryan 72]

17 minutes ago, Pinkrlion said:

Was USC Child listed as a dependent on Income Taxes??? Then Yes.  

 

Household size would include you and your son on both.

Thanks for the quick response. Does my son needs a I-864 form for himself even though he is counted on my I-864 form? i am royally confused because i watched a video from an attorney on youtube this morning and she claims the K2 must NOT be included/counted on my I-864 form. I don't know why i even watched it these videos just confused me even more. HELP!!!😕

[NancyNguyen 1,657]

K2 is still a household member, he/she has to be counted.

[Roxy&Ryan 72]

33 minutes ago, NancyNguyen said:

K2 is still a household member, he/she has to be counted.

Thank you, got it.

[Roxy&Ryan 72]

On 5/28/2020 at 1:19 PM, Pinkrlion said:

Was USC Child listed as a dependent on Income Taxes??? Then Yes.  

 

Household size would include you and your son on both.

@Pinkrlion would my K2 be considered the primary applicant on his I-864 form part 2? and also, does he need to fill a I-765 form? i find that confusing as he is not at the legal age to work.

[geowrian 22,335]

1 hour ago, Roxy&Ryan said:

@Pinkrlion would my K2 be considered the primary applicant on his I-864 form part 2? and also, does he need to fill a I-765 form? i find that confusing as he is not at the legal age to work.

He would be the primary applicant on his I-864.

Nobody "needs" to file an I-765, but there is not really a good reason not to.

An EAD is a means to acquire an SSN (since K-2 does not qualify for an SSN via status). An SSN is used for tax purposes, and makes other activities easier.

...or maybe he wants to become a child actor someday soon (there is generally no legal age for certain categories like that).

Edited June 2, 2020 by geowrian

[Roxy&Ryan 72]

1 hour ago, geowrian said:

He would be the primary applicant on his I-864.

Nobody "needs" to file an I-765, but there is not really a good reason not to.

An EAD is a means to acquire an SSN (since K-2 does not qualify for an SSN via status). An SSN is used for tax purposes, and makes other activities easier.

...or maybe he wants to become a child actor someday soon (there is generally no legal age for certain categories like that).

LOL child actor! thank you for your response. just to share for information purpose. my son (age 14) and i have applied for our SSN (within 4 days of arriving in the US) and received same. i am now awaiting a new card with my name change. Also i refer to I-864 instruction and it seem i dont need to fill out a I-864 form for my K2 as he is already mentioned on my I-1864 but just to make a copy of mine and put with his documents.(Do I Need to Submit a Separate Affidavit for Each Family Member? You must submit a Form I-864 Affidavit of Support for each intending immigrant you are sponsoring. You may submit photocopies if you are sponsoring more than one intending immigrant listed on the same affidavit of support. Separate affidavits of support are required for intending immigrants for whom different Form I-130, Form I-600, or Form I-800 family-based petitions were filed. For instance, if you are sponsoring both parents, each will need an original affidavit of support and accompanying documentation since you were required to submit separate Form I-130 visa petitions for each parent. Often a spouse or minor children obtain visas or adjust status as dependents of a relative, based on the same visa petition. If you are sponsoring such dependents, you only need to provide a photocopy of the original Form I-864, as long as these dependents are immigrating at the same time as the principal immigrant or within six months of the time he or she immigrates to the United States. You do not need to provide copies of the supporting documents for each of the photocopied Form I-864s.)  Please let me know if am understanding this correctly. thanks.

[geowrian 22,335]

1 hour ago, Roxy&Ryan said:

LOL child actor! thank you for your response. just to share for information purpose. my son (age 14) and i have applied for our SSN (within 4 days of arriving in the US) and received same. i am now awaiting a new card with my name change. Also i refer to I-864 instruction and it seem i dont need to fill out a I-864 form for my K2 as he is already mentioned on my I-1864 but just to make a copy of mine and put with his documents.(Do I Need to Submit a Separate Affidavit for Each Family Member? You must submit a Form I-864 Affidavit of Support for each intending immigrant you are sponsoring. You may submit photocopies if you are sponsoring more than one intending immigrant listed on the same affidavit of support. Separate affidavits of support are required for intending immigrants for whom different Form I-130, Form I-600, or Form I-800 family-based petitions were filed. For instance, if you are sponsoring both parents, each will need an original affidavit of support and accompanying documentation since you were required to submit separate Form I-130 visa petitions for each parent. Often a spouse or minor children obtain visas or adjust status as dependents of a relative, based on the same visa petition. If you are sponsoring such dependents, you only need to provide a photocopy of the original Form I-864, as long as these dependents are immigrating at the same time as the principal immigrant or within six months of the time he or she immigrates to the United States. You do not need to provide copies of the supporting documents for each of the photocopied Form I-864s.)  Please let me know if am understanding this correctly. thanks.

A copy of the K-1's I-864 can be used. I was thinking of AOS from other visas there when I typed that line (before re-reading the rest of the thread) - my mistake.