AOS/ I-864 Household Size

[Sly5 0]

I have a question about determining the household size for the AOS. I am the sole sponsor for my foreign wife. I have two children. So that means my household size is 4. My wife also has two children that will remain overseas and come over at a later time. I am confused if I need to add them in the household to bring my total up to six. I thought I read that I can leave them off until we petition to bring them over. I am confused if "dependent" means for U.S. tax filing purposes or just because they are children and will rely on us. Does dependent really only mean if I include them as dependents on my tax return? Any clarification would be greatly appreciated. Thank you!

[Ian H. 207]

They are not your dependent children for AOS purposes, therefore you don't include them. For now your household size is 4, assuming you don't have any other minor (under 21) children that don't live with you, other dependents on your taxes, or someone whom you've sponsored before. When you petition her children, then your household size will be 6. Just out of curiosity, why not petition for them now?

[NikLR 13,232]

Children of the USC are only considered dependents until they reach the age of majority (generally 18) if they do not live with the USC or 21 if they do.

No your spouse's children are not yet your dependents.

If the children are younger and normally live with their mother, I'm warning you now, your spouse may have a hard time here without them. Be prepared for a longer homesickness period. Just some personal advice.

[Ian H. 207]

I would like to clarify that what a dependent child is also depends on the state. Here in NY for example, a child is considered dependent until 21, whether or not he lives with the parent, unless he/she is married. Also for tax purposes a child can be claimed as a dependent until age 24, if he/she is a full time student. Since you didn't mention how old your children are, I mentioned this just in case.

[Sly5 0]

Thank you all for the clarification. Yes, I understand the meaning in terms of the U.S., I was just confused how to account for my wife's children from her previous marriage (especially since they were not coming over immediately). We had several discussions regarding bringing them over at the same time or not and we decided to do it this way. Thank you all for the responses. We appreciate your help!