Household size

[bste3 0]

My father and mother were divorced in July or August. My mom is on my dads 2010 taxes as wife (filed as married filing together). They no longer live together. Is she still considered part of my dads household size? He is my co sponsor for my affidavit of support. I left home for college in June and no longer live with him, but was claimed as a dependent on his taxes- am I a part of his household? Thanks

[Jojo92122 1,924]

My father and mother were divorced in July or August. My mom is on my dads 2010 taxes as wife (filed as married filing together). They no longer live together. Is she still considered part of my dads household size? He is my co sponsor for my affidavit of support. I left home for college in June and no longer live with him, but was claimed as a dependent on his taxes- am I a part of his household? Thanks

Your mom is not a part of your father's household.

If your father provides you with more than half your support and plans to claim you as a dependent on his tax return for 2011, then you are a part of his household. If you do not get more than half your support from your father AND he does not plan to claim you as a dependent, then you are not a part of his household.

If the AOS is for you, then you are the intending immigrant and would be a part of your father's household.

[Gary and Alla 3,694]

My father and mother were divorced in July or August. My mom is on my dads 2010 taxes as wife (filed as married filing together). They no longer live together. Is she still considered part of my dads household size? He is my co sponsor for my affidavit of support. I left home for college in June and no longer live with him, but was claimed as a dependent on his taxes- am I a part of his household? Thanks

Your mother was not his dependent and would never have been counted in household size. Unless she is also an immigrant covered by an I-864

You are not considered his dependent either. YOU must file your own affidavit of support in addition to his and you are counted in the household size on that form. You cannot be counted twice.

[Gary and Alla 3,694]

Your mom is not a part of your father's household.

If your father provides you with more than half your support and plans to claim you as a dependent on his tax return for 2011, then you are a part of his household. If you do not get more than half your support from your father AND he does not plan to claim you as a dependent, then you are not a part of his household.

If the AOS is for you, then you are the intending immigrant and would be a part of your father's household.

It does not matter if he claims her or not, she cannot be counted on TWO affidavits. It is a mistake to assume that dependents are only those claimed on taxes. Minor children are ALWAYS counted, even if the parents are divorced and they live with another parent and are not claimed on the joint sponsor's taxes. Tax returns do not necessarily equal "dependents" USCIS is NOT the IRS and they make their own determination of dependents. The other filer of a joint return is not a dependent, regardless of marital status. Only ONE person's income counts regardless of a joint return unless you do an I-864A for a member of the same household.

Edited September 4, 2011 by Gary and Alla

[VanessaTony 3,567]

My father and mother were divorced in July or August. My mom is on my dads 2010 taxes as wife (filed as married filing together). They no longer live together. Is she still considered part of my dads household size? He is my co sponsor for my affidavit of support. I left home for college in June and no longer live with him, but was claimed as a dependent on his taxes- am I a part of his household? Thanks

Have a look at the I-864 instructions, they explain it pretty well.

Your mother is not counted as part of the household size and you would use ONLY his income from the tax return.

As you were claimed on his 2010 taxes as a dependent then yes you DO count as part of his household size.

Basically you would do an I-864 for yourself and your wife so your household size would be do. Your father would put yourself, your wife (as the immigrant), any other children he claims as dependants (or are under the age of 18) as well as himself of course on his I-864. This isn't "counting anyone twice".