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Posted

Hi everyone,

 

I’m in the process of bringing my fiancée to the U.S. on a K-1 visa and need help determining the correct household size for the I-134 (Declaration of Financial Support) and later the I-864 (Affidavit of Support) once we’re married.

 

Here’s my situation:

 

I earn $22.55/hr from my main job and just started a 1099 side gig that brings in about $500/week.

 

Last year, I had surgery and was off for a month, so my income was around $38K. This year, I expect to make significantly more.

 

I have two children from a prior relationship. I pay child support, but they live in another state, and I don’t get to see them currently. I don’t claim them as dependents on my taxes, and we were never married.

 

My fiancée has a son, but he is not immigrating with her. He’ll remain with family in her home country. We plan to bring him once she has her green card and we can jointly sponsor him.

 

 

Boundless Immigration told me my household size is just 2 (me + my fiancée), but I’m not sure that’s correct given the child support and her child abroad.

 

So my questions are:

 

1. What is my correct household size for the I-134 (while applying for the K-1 visa)?

 

 

2. What will it be for the I-864 after we marry?

 

 

3. Do I need to include:

 

My two children I pay child support for?

 

My fiancée’s child, even though he’s not coming now?

 

 

 

 

Any guidance or experience would be greatly appreciated. I want to make sure I’m doing this right and avoid delays.

 

Thanks in advance!

Filed: Citizen (apr) Country: Russia
Timeline
Posted

Based on what I am seeing it would be four, you, your fiancé and your two children unless they are over 18.

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Filed: Citizen (apr) Country: Russia
Timeline
Posted

This seems to contradict the I864 instructions on page 9.

 

https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted (edited)

The correct answer is a total of "4"...based on the I-864 instructions as stated by @Dashinka.  Always comply with actual form instructions:

 

https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf

 

Part 5. Sponsor’s Household Size

 

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. Type or print “0” if you already counted your dependent children in Item Number 1.

 

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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