I have a son but never been married???

[tvn0521 1]

Aw man I am in deep trouble. I am self employed and I filed tax this year $21,167 a bit above to meet the poverty line for household of 2. I did not think I needed to put my son on the I864 for household count. Now I am short on if I add my son on the I864. What happens if I don't add him on the I864, will NVC know?

[Anh map 2,098]

Aw man I am in deep trouble. I am self employed and I filed tax this year $21,167 a bit above to meet the poverty line for household of 2. I did not think I needed to put my son on the I864 for household count. Now I am short on if I add my son on the I864. What happens if I don't add him on the I864, will NVC know?

He (the child) ought to be listed on your G-325a. Not including the child, and/or then asking your spouse to lie at the interview when she's asked if you have children could have dire consequences (visa denial, possible ban). So I guess you have to make a choice: truthfulness or not.

Line up a joint sponsor if needed. Get the visa. Have your wife here with you.

Edited June 6, 2011 by Anh map

[tvn0521 1]

He (the child) ought to be listed on your G-325a. Not including the child, and/or then asking your spouse to lie at the interview when she's asked if you have children could have dire consequences (visa denial, possible ban). So I guess you have to make a choice: truthfulness or not.

Line up a joint sponsor if needed. Get the visa. Have your wife here with you.

The G-325A does not ask to list the child. Well I actually just went to my tax agent and got my tax revised, I also found out that the mother of my son did not file tax this year, she did not claim my son on her tax cause she did not file so I claim him on the revised tax. I boost the amount on line 22 close to $26,000 and claim my son as dependent. I am getting back almost 2 grand in tax. So lucky for me. I paid IRS 4 grand a month ago, now I just need them to refund me back 2 grand. Thanks everyone for your advice.

Anh map, I double check the G325A but I don't see any part of the form that ask about my child. Are you sure???

[ScottThuy 140]

The G-325A does not ask to list the child. Well I actually just went to my tax agent and got my tax revised, I also found out that the mother of my son did not file tax this year, she did not claim my son on her tax cause she did not file so I claim him on the revised tax. I boost the amount on line 22 close to $26,000 and claim my son as dependent. I am getting back almost 2 grand in tax. So lucky for me. I paid IRS 4 grand a month ago, now I just need them to refund me back 2 grand. Thanks everyone for your advice.

Anh map, I double check the G325A but I don't see any part of the form that ask about my child. Are you sure???

its on the I864

Edited June 7, 2011 by ScottThuy

[Xinh_Will 1]

Not thinking about the poverty number, only clarifying the household count.

I have three kids:

My oldest is 18, lives with me full time, and my ex paid me support for him until this month when he graduated. He's moving in with his girlfriend and a mess of roommates July 1st because he's a stupid kid. As such, he'll be claiming himself for the first time next year.

I have a shared 50/50 custody arrangement with my ex-wife for my two girls, 14 and 11. There is no child support involved. Every week, one or the other of them moves from one house to the other. Each year we file for one of them on our respective tax returns.

So, as I understand what I read, if I file next year this would make my household size 4?

Me, both girls, and the potential foreign spouse.

[tanstaafl 1]

...the consulate call her asking her to give them her yahoo email account password. Then she finally got pink.

Intrusion of privacy to the fullest. What else would they be willing to do or to go further?

[Anh map 2,098]

Anh map, I double check the G325A but I don't see any part of the form that ask about my child. Are you sure???

You are correct. My mistake about the G-325A. Sorry to make you look for something that isn't there. I blame it on being another year older.

Edited June 7, 2011 by Anh map

[moSu 0]

The I-864 instructions for part 5 cover this.

21d - Enter the number of unmarried children you have who are under age 21, even if you do not have legal custody of these children. You may exclude any unmarried children under 21, if these children have reached majority under the law of their place of domicile and you do not claim them as dependents on your income tax returns.

You have to list your son.

Anyone else doesn't need to be listed unless you claim them as a dependent on your tax return, or they are signing an I-864A and combining income with you.

21e - Enter the number of any other dependents. You must include each and every person whom you have claimed as a dependent on your most recent Federal income tax return, even if that person is not related to you. Even if you are not legally obligated to support that person, you must include the person if in fact you did support that person and claimed the person as a dependent.

...

21g - This question gives you the option of including certain other non-dependent relatives who are living in your residence as part of your household size. Such relatives may include your mother, father, sister, brother or adult children, if they are living in your residence. However, the only reason to include these family members in your household size is if you need to include their income when you calculate your household income for purposes of meeting the income requirement for this form. To be considered, any relative indicated in this category must sign and submit Form I-864A.

Hi,

I just found this forum and I would like to verify something. USC has 2 unmarried children and they are with their mom. The children are not claimed as dependents in his income tax returns. He does give their mom monthly child support. So, my question is are the children part of sponsor's household size or not? The separation was based on verbal agreements and emails only.

Thanks,

moSu

[moSu 0]

The I-864 instructions for part 5 cover this.

21d - Enter the number of unmarried children you have who are under age 21, even if you do not have legal custody of these children. You may exclude any unmarried children under 21, if these children have reached majority under the law of their place of domicile and you do not claim them as dependents on your income tax returns.

You have to list your son.

Anyone else doesn't need to be listed unless you claim them as a dependent on your tax return, or they are signing an I-864A and combining income with you.

21e - Enter the number of any other dependents. You must include each and every person whom you have claimed as a dependent on your most recent Federal income tax return, even if that person is not related to you. Even if you are not legally obligated to support that person, you must include the person if in fact you did support that person and claimed the person as a dependent.

...

21g - This question gives you the option of including certain other non-dependent relatives who are living in your residence as part of your household size. Such relatives may include your mother, father, sister, brother or adult children, if they are living in your residence. However, the only reason to include these family members in your household size is if you need to include their income when you calculate your household income for purposes of meeting the income requirement for this form. To be considered, any relative indicated in this category must sign and submit Form I-864A.

Hi,

I just found this forum and my heart skipped a beat. I would like to verify something. USC has 2 unmarried children and they are with their mom. The children are not claimed as dependents in his income tax returns. He does give their mom monthly child support. So, my question is are the children part of sponsor's household size or not? The separation was based on verbal agreements and emails only.

Thank you in advance,

moSu

Edited July 11, 2011 by moSu

[Penguin_ie 5,995]

I just found this forum and my heart skipped a beat. I would like to verify something. USC has 2 unmarried children and they are with their mom. The children are not claimed as dependents in his income tax returns. He does give their mom monthly child support. So, my question is are the children part of sponsor's household size or not? The separation was based on verbal agreements and emails only.

Yes, the kids need to be listed. The reason is that should something happen to their mom, your USC will be financially responsible for them.

[moSu 0]

Yes, the kids need to be listed. The reason is that should something happen to their mom, your USC will be financially responsible for them.

I'm still confused. I reread the instructions and from my understanding, they don't have to be listed if they are not filed as dependent in USC income tax returns. Below are the instructions and I think the wordings in RED applies to USC.

How do I count household size?

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ affidavit of support whom you are still obligated to support. If necessary to meet the income requirements to be a sponsor, you may include additional relatives (adult children, parents, or siblings) as part of your household size as long as they have the same principle residence as you and promise to use their income and resources in support of the intending immigrant(s).

21d - Enter the number of unmarried children you have who are under age 21, even if you do not have legal custody of these children. You may exclude any unmarried children under 21, if these children have reached majority under the law of their place of domicile and you do not claim them as dependents on your income tax returns.

I read the instructions again and again; unless 21d if these children have reached majority under the law of their place of domicile and you do not claim them as dependents on your income tax returns - both requirements are needed.

We were confused in the beginning too, if to list or not to list his children as part of household size. We consulted the lawyer and she said no. We already sent our packet and there is nothing we can do about it at this point. I'm worried now. I hope this issue won't be a 'problem' to our AOS.

Thank you for your time.

moSu

moSu

Edited July 11, 2011 by moSu

[JimVaPhuong 4,863]

I'm still confused. I reread the instructions and from my understanding, they don't have to be listed if they are not filed as dependent in USC income tax returns. Below are the instructions and I think the wordings in RED applies to USC.

How do I count household size?

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ affidavit of support whom you are still obligated to support. If necessary to meet the income requirements to be a sponsor, you may include additional relatives (adult children, parents, or siblings) as part of your household size as long as they have the same principle residence as you and promise to use their income and resources in support of the intending immigrant(s).

21d - Enter the number of unmarried children you have who are under age 21, even if you do not have legal custody of these children. You may exclude any unmarried children under 21, if these children have reached majority under the law of their place of domicile and you do not claim them as dependents on your income tax returns.

I read the instructions again and again; unless 21d if these children have reached majority under the law of their place of domicile and you do not claim them as dependents on your income tax returns - both requirements are needed.

We were confused in the beginning too, if to list or not to list his children as part of household size. We consulted the lawyer and she said no. We already sent our packet and there is nothing we can do about it at this point. I'm worried now. I hope this issue won't be a 'problem' to our AOS.

Thank you for your time.

moSu

moSu

Take another look at the instructions for item 21d. The children must have reached the "age of majority", in addition to not being claimed as dependents on the tax return. The "age of majority" in most states is 18.

[moSu 0]

Take another look at the instructions for item 21d. The children must have reached the "age of majority", in addition to not being claimed as dependents on the tax return. The "age of majority" in most states is 18.

OMG! I can't believe this.. We actually consulted the lawyer on this..

What should we do now?

[JimVaPhuong 4,863]

OMG! I can't believe this.. We actually consulted the lawyer on this..

What should we do now?

It's possible that his I-864 will be accepted without questioning it. It's also possible they'll discover the children and conclude that his I-864 is insufficient. They may send an RFE asking him to clarify whether his children have reached the age of majority. If he doesn't qualify with his children included in his household size then they may ask for a joint sponsor. It's also possible they won't send an RFE, but the issue will be raised at the interview.

If I were in your shoes, I'd line up a joint sponsor and have their affidavit and supporting documents ready to submit when needed. If USCIS brings up the kids, either in an RFE or at the interview, be absolutely honest about them (i.e., don't deny they exist), and say they weren't listed on the I-864 because your attorney advised you that they didn't need to be listed.

[moSu 0]

It's possible that his I-864 will be accepted without questioning it. It's also possible they'll discover the children and conclude that his I-864 is insufficient. They may send an RFE asking him to clarify whether his children have reached the age of majority. If he doesn't qualify with his children included in his household size then they may ask for a joint sponsor. It's also possible they won't send an RFE, but the issue will be raised at the interview.

If I were in your shoes, I'd line up a joint sponsor and have their affidavit and supporting documents ready to submit when needed. If USCIS brings up the kids, either in an RFE or at the interview, be absolutely honest about them (i.e., don't deny they exist), and say they weren't listed on the I-864 because your attorney advised you that they didn't need to be listed.

Thank you so much for the reply.

He earns 6 figures, which is still enough for the household size; USC, beneficiary, and 2 children (4 years old and 2 years old, not living with us).

Yes, definitely no lies. We will prepare email printouts with our attorney as proof; that we did asked about this matter.

Thank you so much again for your time and replies. I'm hoping for no RFEs so the process won't be delayed.

moSu