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Household size when divorced

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Filed: AOS (pnd) Country: India
Timeline

Hello !

How the household size calculated?

for ex: My two kids from previous marriage visit us occasionally. I have legal joint custody of the kids with my ex-wife and kids live with my ex-wife. I pay child support.

My present wife will be petitioning for myself, plus one kid (other was born here).

So, how the household size will be calculated for my wife's income? Wife+myself+1 kid OR Wife+myself+ 2kids.

There is no other from my present wife side.

Also, How it works for the salaried person?

Is it gross salary(before tax) that should be above poverty line(125%)?

Thanks !

Get Fit > Learn > Work Harder >> Earn your Happiness !

May GOD bless All !

2007 - Entered, Start work in USA on H1B

2010 - Met my now wife :-)

2012 - Got married -> I Do !

July, 2012 - Preparing AOS package

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Your wife has 2 kids, correct? She counts both, even if one is a USC.

Gross salary for a salaried person, yes.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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Filed: AOS (apr) Country: Canada
Timeline

Hmmm, I read it as you have two kids and your present wife has none. Is that right?

I think you're supposed to count both of them.

AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

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Filed: AOS (pnd) Country: India
Timeline

Hmmm, I read it as you have two kids and your present wife has none. Is that right?

I think you're supposed to count both of them.

Thanks DandT14 and ceadsearc !

Yes, i (beneficiary, husband) have 2 kids from my previous marriage. My USC wife has no kids or dependent.

So, do you think she should calculate her household as (Herself + husband + 2kids) ?

Thanks !

Get Fit > Learn > Work Harder >> Earn your Happiness !

May GOD bless All !

2007 - Entered, Start work in USA on H1B

2010 - Met my now wife :-)

2012 - Got married -> I Do !

July, 2012 - Preparing AOS package

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Filed: AOS (apr) Country: Canada
Timeline

Thanks DandT14 and ceadsearc !

Yes, i (beneficiary, husband) have 2 kids from my previous marriage. My USC wife has no kids or dependent.

So, do you think she should calculate her household as (Herself + husband + 2kids) ?

Thanks !

I think you're supposed to count them both, but I'm not an expert on the I-864. I thought it said somewhere on there to count all kids whether or not they live with you.

Anyway, as long as she meets the income requirements for 4 people, it's probably smarter to count them so there's no issue later.

AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

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Filed: Citizen (apr) Country: Nigeria
Timeline

With the child that was "born here" is the affidavit in place until the the main petitioner becomes a USC or the individuals supported ? If so the one child no longer needs support.

This will not be over quickly. You will not enjoy this.

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Filed: AOS (pnd) Country: India
Timeline

With the child that was "born here" is the affidavit in place until the the main petitioner becomes a USC or the individuals supported ? If so the one child no longer needs support.

Could you please elaborate what you're trying to say...?

Get Fit > Learn > Work Harder >> Earn your Happiness !

May GOD bless All !

2007 - Entered, Start work in USA on H1B

2010 - Met my now wife :-)

2012 - Got married -> I Do !

July, 2012 - Preparing AOS package

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Filed: AOS (apr) Country: Canada
Timeline

The instructions I'm reading sound like your wife only needs to count you, her, and the one child of yours she's petitioning. The other child is a USC and doesn't need to be counted.

Maybe someone else knows better, but that's how I'm reading it.

AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

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