Custody and Taxes

[flipper 0]

Hello.

My fiance has 5 kids, I have none. I live in Canada she is in Oklahoma. She has joint custody with her ex. For taxes they each file for 2 kids, while the one remaining child goes back and forth each year, what i mean is 1 year she will file for 3, he files for two, and vice versa for the next year.

How do we figure out what size of household to file our immigration papers under? Do we file for a household of 7, or just how many kid she claims that year?

[Gary and Alla 3,694]

Hello.

My fiance has 5 kids, I have none. I live in Canada she is in Oklahoma. She has joint custody with her ex. For taxes they each file for 2 kids, while the one remaining child goes back and forth each year, what i mean is 1 year she will file for 3, he files for two, and vice versa for the next year.

How do we figure out what size of household to file our immigration papers under? Do we file for a household of 7, or just how many kid she claims that year?

How she files her taxes have little or nothing to do with "household" size. She has FIVE dependents. THREE may be listed as "partially" dependent. If her children are not over age 18, and she does not have any court order relieving her of responsibility (such as an order of sole custody granted to the father) she MUST include them as partial or fully dependent. If she receives court ordered child support, this can be claimed as "income" for the I-134 and I-864 even though she does not claim it as income for her taxes. If this is the case, she should attach her tax returns and the copy of the court order and some check stubs showing she receives the child support.

Your "family size" will be 7.