I-864 Part 5 Questions

[anly8872 25]

I preparing to fill out I-864 form, the questions in Part 5 are:

The first questions, following the form

1. Enter the number you entered in line 7 part 3. I sponsor for my wife only, so the number in line 7 part 3 is 1

2. Yourself. I entered 1

3. If you married, enter "1" for your spouse. The question is what number I will be enter in this box? Because the immigrant is my wife that I have counted above ( at part 5-1). The form said DO NOT COUNT ANYONE TWICE. So if I enter 1, total household size in line 8 will be 3

The second question

4. If you have dependent children, enter number here. I have little son who almost 4 months old, he is an US Citizen living abroad. In the recent tax year(2013). I did not claim him as my dependent because he doesnt has a SSN yet. In my tax return transcript, there is no dependent to show. So in this box, I must be enter 1 or 0?

Thanks in advance.

[ssw 2]

For first question, Part 5 number 1 you should enter "1" since you only sponsor your wife. Part 5 number 3 you will enter "0" or don't put any number there. I know this part is asking for your wife, but it only use if you are sponsoring someone other than your wife. Example if you sponsoring your wife's parent, then you will enter "1" here. Part 5 number 8 you will then enter "2" for total household size. You do not count anyone twice.

For second question, if your son is not your dependent children, which means if you do not claim him then you don't need to put "1" in part 5 number 4. You can have 20 kids, as long as you don't claim any of them you can still put "0" there. So Part 5 number 8 should still be "2", you and your wife.

[N-o-l-a 7,167]

No, it does not matter if you do not claim a child on a tax return. The child must still be listed.

[anly8872 25]

I agreed with ssw, found this in instructions for I-864 on USCIS Website

Item Number 4. 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 return.

Thanks!

Edited March 31, 2014 by anly8872

[N-o-l-a 7,167]

I agreed with ssw, found this in instructions for I-864 on USCIS Website

Item Number 4. 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 return.

Thanks!

A child under the age of one has not reached the age of majority so they still must be counted.

I can't believe the terrible advice people give here and then quote the actual correct instructions! In order to not be counted, the child must be above the age of majority, usually 18, and also not be claimed as a dependent.

[anly8872 25]

A child under the age of one has not reached the age of majority so they still must be counted.

I can't believe the terrible advice people give here and then quote the actual correct instructions! In order to not be counted, the child must be above the age of majority, usually 18, and also not be claimed as a dependent.

So you think this instructions from USCIS are wrong?

"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 return."

[N-o-l-a 7,167]

So you think this instructions from USCIS are wrong?

"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 return."

The instructions are correct, the key part is "if they have reached the age of majority". It is your reading comprehension that is lacking.

[anly8872 25]

The instructions are correct, the key part is "if they have reached the age of majority". It is your reading comprehension that is lacking.

Thanks, now I am really clear about that matter. My income is $65,000/year. So no matter my household size 2,3 or even 7,8.... But, is it a problem if I counted more than my household size? We will be false if counted less than household size, right?