"Accompanying Dependent"? In i 864?

[M&M0915 0]

Why do people continue to state that the immigrant's income cannot be used? The I-864 instructions are very clear on this matter. If the intending immigrant is working in the US legally, and their income will continue from the same source once they become a permanent resident, then their income can be used on the USC spouse/sponsor's I-864.

Did the USC sponsor already include the stepchild as a dependent on his taxes? If not, then they are not a dependent yet and not counted on the foreign spouse's I-864. As already stated, the foreign spouse will be counted on the stepchild's I-864.

Thank you @ newacct and @ kaydeecee. Those are very helpful information.

My husband have not included my daughter yet to his tax so that makes sense that she wont be a dependent child..

Just want to make sure I got it right..

In my USC husband's i 864 for me ( wife)- i dont need to complete i 864 as an intending immigrant if i want to include my income

In my USC Husband's i 864 for stepchild(which is my daughter)- i need to complete i 864A if we want to include my income...

Did i get it right?

[Lenchick 133]

I still don't quite agree with what people write about not adding step-chidren to the household cize if they are not included in a tax report. Maybe someone has more experience with it? My children (my husband's step-children) live with us all the time. My husband and I file jointly as I have SSN and my children don't. But practically they ARE a part of the household. How would we not include them in i-864? I also found website where it says that we must count them............ #2. Measure Household Size Correctly. ''The sponsor must include all of his or her children, including adopted or stepchildren, even if the sponsor does not have legal custody of them. The only exception is stepchildren who do not reside with the sponsor, were not claimed as dependents, and are not being petitioned by the sponsor.'' Here is the link to the page http://www.ilw.com/articles/2006,1128-wheeler.shtm

Why do people continue to state that the immigrant's income cannot be used? The I-864 instructions are very clear on this matter. If the intending immigrant is working in the US legally, and their income will continue from the same source once they become a permanent resident, then their income can be used on the USC spouse/sponsor's I-864.

Did the USC sponsor already include the stepchild as a dependent on his taxes? If not, then they are not a dependent yet and not counted on the foreign spouse's I-864. As already stated, the foreign spouse will be counted on the stepchild's I-864.

[KayDeeCee 4,893]

From the I-864 instructions on how to count household size>

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ.

The minor children are the biological children of the sponsor. They count no matter where they live or whether or not they are counted as dependents on the sponsor's tax return. If the step children are not yet tax dependents, then they are not counted as such on the I-864. If you are sponsoring them through an I-130, then they will be counted in the sponsor's household size as the principal immigrant on their own separate I-864.

Edited December 4, 2015 by KayDeeCee