I-864 - number of people in household despite not being dependents [K1 visa]

[simonschus 58]

Hi there,

I have a question about the I-864 for a K-1 visa.

My finance’s job means that she travels around the US quite a bit. Legally, this means that my fiance’s primary residence is her family home where her mother and brother also live too. However, she is not financially dependent on them nor is she responsible for financially supporting them. Her mother and brother entirely look after themselves. We will not be dependent on them when we do go through our adjustment of status, nor will they be dependent on us.

When completing the household details on the I-864, do we need to mention the number of people living at that family home? Or can we just have our household as the size of 2 (my fiance and myself)?

In addition, will this cause any major issues at any point?

Simon.

Edited January 29, 2016 by simonschus

[teeak 224]

No, for the purposes of the I-864, household size consists of people listed on your yearly tax return plus any unmarried minor children you may have. It does not necessarily refer to people living at the same residence.

For your I-864, you can put a household size of 2.

Edited January 29, 2016 by teeak

[simonschus 58]

Thank you teeak. I appreciate the clarity of your answer. I really appreciate it

If anybody else has any thoughts or comments then do please feel free to post.

For example: Does anybody think that this might become something that we would get grilled on at the AOS interview? If so, would we need to provide documents from her mother and brother showing that they are not financially dependent? (tax returns?)

Simon.

[teeak 224]

Sure, no problem!

I doubt it's something that will come up at the interview. The IO will have your tax returns in front of them and will be able to see how many people are dependents. They'll be able to calculate the household size themselves. Honestly, there's really no way for them to know that there are other people living in the residence.

But for your peace of mind, you have the option of bringing a copy of her mother and brother's tax return though I highly doubt they'll ask for it.

http://www.ilw.com/articles/2006,1128-wheeler.shtm

You may even get a potential interview waiver which would make this a moot point!

[simonschus 58]

Sure, no problem!

I doubt it's something that will come up at the interview. The IO will have your tax returns in front of them and will be able to see how many people are dependents. They'll be able to calculate the household size themselves. Honestly, there's really no way for them to know that there are other people living in the residence.

But for your peace of mind, you have the option of bringing a copy of her mother and brother's tax return though I highly doubt they'll ask for it.

http://www.ilw.com/articles/2006,1128-wheeler.shtm

You may even get a potential interview waiver which would make this a moot point! You're wonderful.

Thank you :) You're wonderful!