I-864 household size

[Mikkel 0]

Hello,

Searches have brought up inconsistent answers, so I'm posing the question here.

My USC wife and I are currently living with her parents and her brother, with her father filing an I-864A to help my wife meet the requirements for the I-864. The household consists of myself, my wife, her brother, her father, and her mother, and according to the instructions for filling out the household size in the I-864, only myself, my wife, and her father who is filing an I-864A should be counted. Since we're assuming that the income stated on her father's I-864A must be applied in consideration of his household size, how do we account for my wife's mother and brother?

[sachinky 465]

Not required. Your wife's I864 will have a household size of 3 (her, you, and her father whose income/assets are being combined) -- your FIL will include a I864A.

Unless her mother and brother are claimed as dependents on her tax returns she doesn't need to include them in her household size.

Edited April 26, 2010 by sachinky

[eliseb 0]

I have a similar question, and I just want to make sure I am understanding correctly. (ps i just received our NOA2 today!)

I am a USC and currently living with my parents in the US. My father will be co-sponsoring my husband with me. My mother, as well as two younger siblings are also living in the house. So if I am understanding correctly, my household size on the I-864 will be 3 (myself, my husband, and my father?) or just 2 (for myself and my husband).

And then on my father's I-864A should he list his household size as 6 (himself, my mom, two siblings, myself, and my husband?)

I would appreciate any help! Thanks!

[Nartaki 7]

Note that if someone is filing their income tax as "married", they cannot claim the spouse as a "dependent". They can only claim their spouse as an "exemption". See Chapter 3, Page 27 of IRS Publication 17.

Page 2 of the I-864 states any dependents listed on the income tax return of the person completing the I-864 or I-864A must be included in the Household size.

Now Mikkel,

Your household size will be 3 (if the brother is NOT claimed as a dependent on the dad's income tax return). Spouse of the dad (mom) cannot be a dependent as indicated by the above rule.

Your household size will be 4 (if the brother is claimed as a dependent on the dad's income tax return). Spouse of the dad (mom) cannot be a dependent as indicated by the above rule.

Now eliseb.

Your household size will be 5 (you, your spouse, father, 2 younger siblings). This is again assuming the 2 younger siblings are claimed as dependents on dad's income tax return. Mom cannot be claimed as a dependent.

[sachinky 465]

The I-864A has no provision for a household size.

Follow the household size counting instructions on the I-864. The household size is that of the primary sponsor. You can add someone whose income/assets are being used to sponsor the intending immigrant.

[eliseb 0]

Thank you for your help!