I-864 question no.21

[Andreea E. 1]

Hi,

I am a bit confused about question 21 on I-864.

My husband is the sponsor.

21. Your household size- Do not count anyone twice:

a. enter the number you entered on line 10 -> 1(me, the beneficiary- his wife)

Persons NOT sponsored in this affidavit

b. Yourself -> 1

c. If you are currently married, enter 1 for your spouse --> ??????

My guess is that for point C we should NOT fill in anything because I am counted on point 10. Am I right???

Thanks.

[Rajamundis 1]

Yes, do not check that one. As they say, DONT count anyone twice.

[Andreea E. 1]

Yes, do not check that one. As they say, DONT count anyone twice.

Ok Thanks!

I have another doubt

for 21 d and 21 e

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.

21e. Enter the number of any other dependents. You must include each and every person whom you have claimed as 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.

My husband has 3 children from a different relationship, but he is not legally obligated to support them and he did not claim them as dependents on his most recent Federal income tax return.

My question is : should we add them on point 21 as well?

What does "children have reached majority under the law of their place of domicile" mean? His children are under age 21.

Thank you!!!

[Ms Hogan 295]

I believe the important part here is where it says "even if you do not have legal custody..."

Someone will correct me if I'm wrong but I do believe he still has to include them.

[hikergirl 277]

http://definitions.uslegal.com/a/age-of-majority/

If they are over 18 and he’s not legally obligated to support them then he can leave them out.

If they are under 18, his ex could still take him to court for child support so they must be included.

[TBoneTX 45,312]

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