I-864 at Embassy Level

[julitathomas0810 30]

As long as a person is living in the same house, their income CAN be included. Since your ex's daughter is 21, she shouldn't be claimed as a member. Sounds like you are back down to 4.

Yes but her daughter I sponsored on the I-864 back in 2009 . She is 21 but did not meet the requirements yet with citizenship or worked for 10 years . Back to 5 ? My mother earned 65K with her business , but ended up with a -1,334 on 2012 1040 form . I don't think I can use her income .

[aaron2020 11,651]

I think made a mistake in the household size . My fiancee , myself and her child make 3 . I have a daughter who lives with her mom . That would now make 4 ? Also I married and divorced my first wife . She is now a citizen and so is her son . Her daughter is 21 now and not a citizen . Well as far as I know she does not tell me information that much . Does that make that household of 5 ? I have no choice but to go with a co sponsor now . If I use the co sponsor they would only put household my fiancee child and him and his wife making 4 ?

Its 4 or 5 depending on the age of the daughter who lives with her mom.

It's at least 4. You. Your fiancee and her daughter - the 2 intending immigrants. The 21 years old non-citizen former stepdaughter that you petitioned for and still have an I-864 obligation for.

It is 5 if your daughter that lives with her mom is under age 18. You must count all minor age children. If she is 18 years old or older, then you do not count her.

If your Joint Sponsor has no others that he must count in his household other than his wife, then yes it's 4 - him, his wife, and the 2 intending immigrants. If he has minor children, other tax dependents, or other I-864 obligations, then he must count them also.

[DavenRoxy 1,073]

It is 5 if your daughter that lives with her mom is under age 18. You must count all minor age children. If she is 18 years old or older, then you do not count her.

Where do you read 18? All the I-864 instructions that I read say 21 for children that must be counted as a member of the household. The only 18 rule I recall is that if you are using a person as a con-sponsor or including their wages, they must be at least 18.

[Hank_ 9,174]

As long as a person is living in the same house, their income CAN be included. Since your ex's daughter is 21, she shouldn't be claimed as a member. Sounds like you are back down to 4.

I got the impression he sponsored them in a previous visa to AOS, so her age won't matter, only her working enough hours or becoming a citizen will eliminate her as a dependent.

[julitathomas0810 30]

I got the impression he sponsored them in a previous visa to AOS, so her age won't matter, only her working enough hours or becoming a citizen will eliminate her as a dependent.

Yes sponsored 3 , but the 2 are now citizens . I really read through the I864 instructions pretty good and have a good understanding of it now . The advice here was a plus and thanks everyone .

[aaron2020 11,651]

Where do you read 18? All the I-864 instructions that I read say 21 for children that must be counted as a member of the household. The only 18 rule I recall is that if you are using a person as a con-sponsor or including their wages, they must be at least 18.

Count all children under 21 unless they have reached the age of majority in their states and are not tax dependents.

Daughter is 18 and living with her mom. What are the chances that dad is still claiming her on his taxes? Zero.

This is why I said if his daughter is over 18, he doesn't have to count her based on his situation.

I should have been clearer, but I was just giving him the easy way to count.

[DavenRoxy 1,073]

Yeah, I saw that too. Guess it all depends on what age of majority is, eh? Yet in another place, it says all children under 21 must be counted, even if they are not living with the sponsor. A bit confusing.

[Hank_ 9,174]

I guess the question is, IRS rules or USCIS rules?

Edited August 25, 2013 by Hank_

[aaron2020 11,651]

Yeah, I saw that too. Guess it all depends on what age of majority is, eh? Yet in another place, it says all unmarried children under 21 must be counted dependent, even if they are not living with the sponsor unless they have reached the age of majority and is not a tax dependent. A bit confusing.

Here is the rule: You must count all unmarried children under age 21 unless the child has reached the age of majority in his/her state and is not a tax dependent.

You are leaving out the exception.

Age of majority differs from state to state. For Florida where the OP presumably resides (based on his info on the side of his posts), the age of majority is 18.

Also, married children are not dependents. It's rare for a parent to be able to claimed a married child as a tax dependent. If they are a tax dependent, they are counted too.

[DavenRoxy 1,073]

Yes that is what is written in Part 5 Item #4.

But in Part 8, Item #3, I was reading it a bit differently. Reading it again, I can see where using the IRS guidelines of dependent would come into play. A 19 year old child living with the sponsor but filing his own taxes, would not count in the # towards household. But he COULD be a co-sponsor. But THEN you would have to count them again in the household #.

All correct?

[julitathomas0810 30]

OK I believe I have my household size now . Its going to be 5 or 6 depending if I count my mother as a non dependent to include her income . Let me just go over in detail to make sure .

My fiance and her baby would be 2 . Myself would be 1 . My biological daughter who is 15 years old lives with mother would be 1 . My ex-wife's daughter who I sponsored on a I-864 would be 1 . If I add a non dependent who lives in the same household would be 1 . The total would be 6 all together .

Any co sponsor just has to cover the people in the household fiancee and child plus any in there own household ? They would not need to include my I-864 dependent or myself ? Unless I was on their taxes as a dependent which I am not . That would mean I would require the 5 household poverty and co sponsor only lets say 4 with a spouse of the co sponsor ?

Edited August 25, 2013 by julitathomas0810

[aaron2020 11,651]

Yes that is what is written in Part 5 Item #4.

But in Part 8, Item #3, I was reading it a bit differently. Reading it again, I can see where using the IRS guidelines of dependent would come into play. A 19 year old child living with the sponsor but filing his own taxes, would not count in the # towards household. But he COULD be a co-sponsor. But THEN you would have to count them again in the household #.

All correct?

Correct.

An unmarried child who has reached the age of majority and is not a tax dependent is not counted.

If the child chooses to be a Household Member by filing the I-864a, then the child will be counted on the Joint Sponsor's household count.

If the child chooses to be the sole Joint Sponsor by filing the I-864, then the child only counts his household.

[aaron2020 11,651]

OK I believe I have my household size now . Its going to be 5 or 6 depending if I count my mother as a non dependent to include her income . Let me just go over in detail to make sure .

My fiance and her baby would be 2 . Myself would be 1 . My biological daughter who is 15 years old lives with mother would be 1 . My ex-wife's daughter who I sponsored on a I-864 would be 1 . If I add a non dependent who lives in the same household would be 1 . The total would be 6 all together .

Any co sponsor just has to cover the people in the household fiancee and child plus any in there own household ? They would not need to include my I-864 dependent or myself ? Unless I was on their taxes as a dependent which I am not . That would mean I would require the 5 household poverty and co sponsor only lets say 4 with a spouse of the co sponsor ?

Your household member is 5. You, your fiancée, her baby, your daughter, and the ex-stepdaughter that you have the I-864 obligation for.

If you mother lives with you, then she can file Form I-864a to be your Household Member. This allows you to combine income. The household count goes to 6 if she has no other dependents, I-864 obligation, etc. Since you and her are claiming the same household, everyone gets counted.

If she does not live with you, then she cannot file as a Household Member. She would file to be the Joint Sponsor. This means she needs to make enough on her own to sponsor herself, your fiancée, and her child. Her household count would be 3 if she has no other I-864 household members. Your income would not be included or counted if you have a Joint Sponsor. Your household size also become irrelevant because she is not sharing a home with you. The magic number here is 3.

Yeah - its complicated.

Edited August 25, 2013 by aaron2020

[julitathomas0810 30]

I got a second job now . I earn just above the poverty for household of 5 . I have a decent amount in a savings to boost it up some . Now the fact that these are new jobs will that effect anything ? I will have a number of pay stubs about 1 months worth . Letters from employers 2010 and 2011 taxes with transcript . My 2012 taxes I did not file since I have a federal extension until Oct 15th . However I am doing them next week , but may not have a transcript in time . I will provide the copy along with my W2 and 1099's . I was going to prepare a co sponsor and keep it aside just in case . Al though it now looks that I will be just fine . A burden lifted off my back for sure .

Thanks everyone

[DavenRoxy 1,073]

As long as you have pay stubs and employer supporting that amount you are making now, plus your 2012 ITR, you should be ok. No need to wait for a transcript, just send a copy of your ITR as soon as you complete it, along with W-2 and 1099(s). 2010 and 2011 ITRs may not be needed, but probably advisable since you are on the border, just don't forget W-2s for them as well. If you meet the 125% poverty for HH of 5, savings shouldn't matter, but again, probably wouldn't hurt to have a copy of your most recent statement emailed over.

Good luck!