I-864 Household Size wife and Stepchildren

[MeryAsawa 3]

I'm confused about household size. Here's the situation. Wife and two stepchildren. Three separate I-130's so no derivatives. They are not in the US, so my wife and I are not able to claim my stepdaughters as dependents on taxes. I've seen this situation on here answered these two ways.

On Wife's case:

For Wife: From Part 3 = 1; Myself = 1; dependent children = 0 Total = 2 (since they aren't dependents and are on separate cases)

For Each Kid: From Part 3 = 1; Myself = 1; Spouse = 1; dependent children = 0 Total = 3 (since the other daughter is not part of this case )

OR

For Wife: From Part 3 = 1; Myself = 1; dependent children = 2 Total = 4 (this is logical, but doesn't seem to apply as they are separate cases, and possibly technically not dependents)

For Each Kid: From Part 3 = 1; Myself = 1; Spouse = 1; dependent children = 1 Total = 4 (again this is logical, but doesn't seem to apply as they are separate cases, and possibly technically not dependents)

I believe option 1 is correct, though counterintuitive. I clear the income requirement for 4 so I'd love to just give the higher number but I want to do this right.

Edited March 2, 2016 by MeryAsawa

[Penguin_ie 5,993]

I believe option 2 is correct, assuming they all come at the same time, because in the same way that current and ongoing income is most important, 4 is the number the income will need to support.

[NikLR 13,227]

I think option 1 is right personally.

[aaron2020 11,651]

Option 1 is correct. The instructions says to not count those on other petitions.

Led Mod should read the I-864 instructions before posting.

[MeryAsawa 3]

Just called the NVC with this, and he clearly didn't know the answer too. His voice was shaky and said for dependents it should be... 2... no you couldn't claim them as dependents on taxes... 0... I guess. Haha awesome. I don't want you to guess.

[MeryAsawa 3]

Because we filled out the form wrong in part 3 we will be taking new original I-864's (which is what's causing this question in the first place). So I'm just going to include the household size page done two different ways and they can pick which one they want at the interview. Will let you know what is said in the interview if I can.

Thanks for all the help!

[newacct 688]

Option 1 is correct. The instructions says to not count those on other petitions.

Led Mod should read the I-864 instructions before posting.

The OP is already not counting those on other petitions as immigrants. The question is whether the stepchildren count as dependent children or not.

Edited March 2, 2016 by newacct

[NikLR 13,227]

Not until they move I dont think. We dont claim my daughter as a dependent on our taxes or the I-864 because she lives in Canada.

[aaron2020 11,651]

The OP is already not counting those on other petitions as immigrants. The question is whether the stepchildren count as dependent children or not.

Why would the stepkids be counted as dependents of the OP? They aren't his tax dependents. He has no legal obligation to them.