Household size on AOS

[EnglishLove 112]

I recently received an RFE on my AOS. When I first read it, I thought it said to correct my household size but after re-reading it, it says if I get a a sponsor to correct and adjust household size. I have two children (4 and 8 years old) whom live with me however, my ex husband claims my youngest on his taxes. I originally put I have a household size of 3 (Myself, my now husband who came over on a K-1, and my daughter I claim on my taxes). After responding to my RFE, I corrected it to household size of 4 to include my other daughter since I thought that is what they wanted. Now after re-reading it, I think I was correct the first time. Any help on this would be great. Hopefully if I'm wrong on the response, they'll just send another RFE and not just deny.

Also.. Do I need to be worried about anything expiring since they take so long to respond to RFE's?

[Crazy Cat 41,982]

35 minutes ago, Pooley said:

Now after re-reading it, I think I was correct the first time.

4 is correct.

Edited December 26, 2019 by missileman

[EnglishLove 112]

19 minutes ago, missileman said:

4 is correct.

That makes me feel better. Thank you!!

[Highmystic 234]

46 minutes ago, missileman said:

4 is correct.

If the Ex claims one child on his taxes, then one would assume he is supplying child support to the OP,  and as 4 is claimed, than the OP include any monies paid to Child support as income to offset the higher income needed?

 

[EnglishLove 112]

28 minutes ago, Highmystic said:

If the Ex claims one child on his taxes, then one would assume he is supplying child support to the OP,  and as 4 is claimed, than the OP include any monies paid to Child support as income to offset the higher income needed?

 

I do get child support for both children since I have them the majority of the time, however, I didn't list any child support because I didn't see anywhere to list that. 

[debbiedoo 2,339]

15 minutes ago, Pooley said:

I do get child support for both children since I have them the majority of the time, however, I didn't list any child support because I didn't see anywhere to list that. 

it may be a section called additional income (or something similar)

 

you should be including your child support on your taxes so it should appear there, also.

[EnglishLove 112]

22 minutes ago, debbiedoo said:

it may be a section called additional income (or something similar)

 

you should be including your child support on your taxes so it should appear there, also.

You do not claim child support on your taxes.

[Highmystic 234]

1 hour ago, Pooley said:

I do get child support for both children since I have them the majority of the time, however, I didn't list any child support because I didn't see anywhere to list that. 

Listed as "other income" on your taxes, which helps have enough money to show support of a household of 4.

[EnglishLove 112]

Just now, Highmystic said:

Listed as "other income" on your taxes, which helps have enough money to show support of a household of 4.

Oh okay, I wasn't sure. Even on my income alone, I still make above the 125% poverty line so I'm not too worried about it. I just couldn't figure out if she counted as my household since I can't claim her on my taxes. Thank you!

[SalishSea 17,969]

Just now, Pooley said:

Oh okay, I wasn't sure. Even on my income alone, I still make above the 125% poverty line so I'm not too worried about it. I just couldn't figure out if she counted as my household since I can't claim her on my taxes. Thank you!

You have to  include all minor children in household size, regardless of where the child lives or who claims her on taxes.

[Wuozopo 4,293]

2 hours ago, Highmystic said:

Listed as "other income" on your taxes, which helps have enough money to show support of a household of 4.

Child support is non-taxable income. It does not show up on a tax return. It is not included in "other income".  

1040 instructions (2018) page 89 (for Schedule 1):

 

Nontaxable income. Don’t report any nontaxable income on line 21. Examples of nontaxable income include the following. 

• Child support. 

 

 

2 hours ago, Pooley said:

Oh okay, I wasn't sure. Even on my income alone, I still make above the 125% poverty line so I'm not too worried about it. I just couldn't figure out if she counted as my household since I can't claim her on my taxes. Thank you!

You were correct earlier when you said child support is non-taxable income. 👍

If you needed it for the I-864, you would send proof of receiving it to USCIS as an optional proof. But you make enough so there was no need to send proof with your I-864.

 

[geowrian 22,337]

Sounds like a household size of 4:

Yourself, your spouse, and your 2 children. The I-864 instructions state to include:

Quote

Item Number 4. Type or print the number of unmarried children you have who are under 21 years of age, even if you do not have legal custody of these children. You may exclude any unmarried children under 21 years of age, if these children have reached majority under the law of their place of domicile and you do not claim them as dependents on your Federal income tax returns.

If they are claimed on taxes, you count them.

If they are unmarried & under 21 (or age of majority where they live, usually 18 within the US), you count them. Custody, taxes, etc. have no role on including them in the household size.

[Nitas_man 3,100]

19 hours ago, Pooley said:

I recently received an RFE on my AOS. When I first read it, I thought it said to correct my household size but after re-reading it, it says if I get a a sponsor to correct and adjust household size. I have two children (4 and 8 years old) whom live with me however, my ex husband claims my youngest on his taxes. I originally put I have a household size of 3 (Myself, my now husband who came over on a K-1, and my daughter I claim on my taxes). After responding to my RFE, I corrected it to household size of 4 to include my other daughter since I thought that is what they wanted. Now after re-reading it, I think I was correct the first time. Any help on this would be great. Hopefully if I'm wrong on the response, they'll just send another RFE and not just deny.

Also.. Do I need to be worried about anything expiring since they take so long to respond to RFE's?

All children (under the age of majority) regardless of where they live or who claims them on their taxes are part of your household size.

 

There is no re-reading that implies otherwise.

Edited December 27, 2019 by Nitas_man

[Nitas_man 3,100]

16 hours ago, Highmystic said:

Listed as "other income" on your taxes, which helps have enough money to show support of a household of 4.

Child support is not listed on either the payor or recipients taxes

 

Edited December 27, 2019 by Nitas_man

[Highmystic 234]

6 hours ago, Nitas_man said:

Child support is not listed on either the payor or recipients taxes

 

Ok,  you're right!  I swear it was, but must have been on some other form where it lists "income", and "ie"  monies from Child support as an option.  When my late wife was in Hospice,  I applied for SSI, but it was only a few bucks, and they contacted Welfare and covered all her care and meds.  I think that is where I seen it.  I sure surprised me to get it!