Cutting it close for AOS requirement

[Bengoj 133]

6 minutes ago, USS_Voyager said:

 

Then why would you count your household size as 4. It should be 2. Does anyone else think differently?

 

Oh lord here we go... I’ve been told I have to include them still. I agree, it should be a household of 2. I will just put 2 and go from there. Hopefully I don’t get a RFE for omitting information. That will not be good...now I’m confused😕

[NikLR 13,227]

54 minutes ago, USS_Voyager said:

 

Then why would you count your household size as 4. It should be 2. Does anyone else think differently?

 

You have to count any children you have regardless of where they live, if you pay child support or claim them.  They are still your dependents. 

[Bengoj 133]

Just now, NikLR said:

You have to count any children you have regardless of where they live, if you pay child support or claim them.  They are still your dependents. 

I DO NOT pay child support and I do not claim them on my taxes for the past 8 years. Do I still have to include them??

[NikLR 13,227]

Just now, Gojo said:

I DO NOT pay child support and I do not claim them on my taxes for the past 8 years. Do I still have to include them??

Thats why i said regardless... yes you have to.  If dad died they would live with you.  I assume you never gave up your parental rights, which would make them no longer your children. 

[Bengoj 133]

Just now, NikLR said:

Thats why i said regardless... yes you have to.  If dad died they would live with you.  I assume you never gave up your parental rights, which would make them no longer your children. 

I did not give up parental rights but he does have full custody of them because I was overseas at the time. Do I include them still? 

[NikLR 13,227]

3 minutes ago, Gojo said:

I did not give up parental rights but he does have full custody of them because I was overseas at the time. Do I include them still? 

Yes. In reality even though you two have an agreement, he could take you to court and get child support.  And unless its a court paper saying he has 100% custody, he doesnt. He may have physical custody but thats different. 

[Bengoj 133]

2 minutes ago, NikLR said:

Yes. In reality even though you two have an agreement, he could take you to court and get child support.  And unless its a court paper saying he has 100% custody, he doesnt. He may have physical custody but thats different. 

He has court ordered full custody because I was living overseas. Include them?

[NikLR 13,227]

Just now, Gojo said:

He has court ordered full custody because I was living overseas. Include them?

Yes. 

[NikLR 13,227]

Please read the I-864 instructions again.  Specifically page 7. 

[Bengoj 133]

51 minutes ago, NikLR said:

Please read the I-864 instructions again.  Specifically page 7. 

Will do. Thanks!