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JackDp

i 864 household count

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Hi!

I have an issue with I864.

I'm in USA as H-1B, working, getting salary but filed Tax return extension for 08.

My wife is US citizen and she applies for my status replacement and she needs to send I-864 as my sponsor as well. She was divorced long time ago and she has 2 daughters - 17 and 18 years old.

The question is....in Part 5 of I-864 (Sponsor's household size) she enters 1 for me, she enters 1 for herself and what she has to enter on paragraphs

- 21c if you are currently married, enter "1" for your spouse

- 21d If you have defendant children

her daughters live with theirs dad, she don't pay anything, the older one works in dental office and she didn't claim her in tax return.

So, what is the household size??? 2 or 4 or 5?

I'm a little confused.

Thank you so much, guys!

07.06.2009 - I-130 and I-485 delivered to USCIS Chicago office

07.10.2009 - personal checks cashed out

07.13.2009 - NOAs received

07.17.2009 - NOA for biometrics received

08.06.2009 - Biometrics passed

09.24.2009 - AP was send to me

09.24.2009 - EAD print ordered

09.28.2009 - AP delivered by mail service

10.02.2009 - EAD delivered by mail service

11.03.2009 - Interview in CA office

11.22.2009 - Welcome lettter

11.27.2009 - GC delivered by mail. Yahoo!

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Hi!

I have an issue with I864.

I'm in USA as H-1B, working, getting salary but filed Tax return extension for 08.

My wife is US citizen and she applies for my status replacement and she needs to send I-864 as my sponsor as well. She was divorced long time ago and she has 2 daughters - 17 and 18 years old.

The question is....in Part 5 of I-864 (Sponsor's household size) she enters 1 for me, she enters 1 for herself and what she has to enter on paragraphs

- 21c if you are currently married, enter "1" for your spouse

- 21d If you have defendant children

her daughters live with theirs dad, she don't pay anything, the older one works in dental office and she didn't claim her in tax return.

So, what is the household size??? 2 or 4 or 5?

I'm a little confused.

Thank you so much, guys!

If she is not finacially responsible for the children, she would not claim them.

She is married to you - so the total count will be 2.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Hi!

I have an issue with I864.

I'm in USA as H-1B, working, getting salary but filed Tax return extension for 08.

My wife is US citizen and she applies for my status replacement and she needs to send I-864 as my sponsor as well. She was divorced long time ago and she has 2 daughters - 17 and 18 years old.

The question is....in Part 5 of I-864 (Sponsor's household size) she enters 1 for me, she enters 1 for herself and what she has to enter on paragraphs

- 21c if you are currently married, enter "1" for your spouse

- 21d If you have defendant children

her daughters live with theirs dad, she don't pay anything, the older one works in dental office and she didn't claim her in tax return.

So, what is the household size??? 2 or 4 or 5?

I'm a little confused.

Thank you so much, guys!

If she is not finacially responsible for the children, she would not claim them.

She is married to you - so the total count will be 2.

Yes, she is married on me and she is not financially responsible for her daughters....just gives them pocket money, for gas at her will, etc.....the is not custody, she doesn't receive alimony. So, just "01" in field 21a and "01" in 21B? nothing in 21c??

Thank you

07.06.2009 - I-130 and I-485 delivered to USCIS Chicago office

07.10.2009 - personal checks cashed out

07.13.2009 - NOAs received

07.17.2009 - NOA for biometrics received

08.06.2009 - Biometrics passed

09.24.2009 - AP was send to me

09.24.2009 - EAD print ordered

09.28.2009 - AP delivered by mail service

10.02.2009 - EAD delivered by mail service

11.03.2009 - Interview in CA office

11.22.2009 - Welcome lettter

11.27.2009 - GC delivered by mail. Yahoo!

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Share on other sites

correct.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Share on other sites

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

Her household size would include any person claimed as a dependent on her 2008 tax return as well as the two of you.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Her household size would include any person claimed as a dependent on her 2008 tax return as well as the two of you.

O great!!

in her tax for this year there is no dependants! :thumbs:

She filed return before our marriage...we've been married for just 2 month

07.06.2009 - I-130 and I-485 delivered to USCIS Chicago office

07.10.2009 - personal checks cashed out

07.13.2009 - NOAs received

07.17.2009 - NOA for biometrics received

08.06.2009 - Biometrics passed

09.24.2009 - AP was send to me

09.24.2009 - EAD print ordered

09.28.2009 - AP delivered by mail service

10.02.2009 - EAD delivered by mail service

11.03.2009 - Interview in CA office

11.22.2009 - Welcome lettter

11.27.2009 - GC delivered by mail. Yahoo!

Link to comment
Share on other sites

 
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