I-864 Household size question

[Naida101 3]

Hi all,

I’m filling out the I-864 and for the household size, I’m a bit unsure what to write. When filling my taxes I am “head of household” with my parents on there. My parents retired overseas but we file taxes together to make it easier. I don’t “support” them but they are listed on the most recent tax return under dependents.(they are US citizens). Do I just write my husband (whom I am sponsoring) and myself or do I need to include my parents as well as dependents? 
Thank you all! (sorry if its confusing)

[Crazy Cat 41,985]

Sounds like you filed incorrectly.  Have you looked at the requirements for filing Head of Household?  Your household should probably be just you and the intented new immigrant....unless you have children.

 

There are three key requirements to qualify as a head of household:

• You are unmarried, recently divorced or legally separated from a spouse. ...
• You must pay more than half of the household expenses for the year in question. ...
• You must live with a “qualified dependent” in your home for more than half the year.

 

 

Edited October 12, 2021 by Crazy Cat

[Naida101 3]

2 minutes ago, Crazy Cat said:

Sounds like you have a mess.  Have you looked at the requirements for filing Head of Household?

 

There are three key requirements to qualify as a head of household:

• You are unmarried, recently divorced or legally separated from a spouse. ...
• You must pay more than half of the household expenses for the year in question. ...
• You must live with a “qualified dependent” in your home for more than half the year.

Hi @Crazy Cat

 

I just got married this year so my taxes are from last year. Obviously when I file this year, I won’t file as head of household. Do you suggest I include them under dependents? (I wouldn’t need their income as evidence though)

[aaron2020 11,651]

11 minutes ago, Naida101 said:

Hi all,

I’m filling out the I-864 and for the household size, I’m a bit unsure what to write. When filling my taxes I am “head of household” with my parents on there. My parents retired overseas but we file taxes together to make it easier. I don’t “support” them but they are listed on the most recent tax return under dependents.(they are US citizens). Do I just write my husband (whom I am sponsoring) and myself or do I need to include my parents as well as dependents? 
Thank you all! (sorry if its confusing)

UGH. Easier doesn't make it correct.  Your parents have to be living with you in order for you  and you have to provide more than half their support in order to qualify as dependents when you file as head of household.  Your parents don't live with you and you don't support them, so you should not be filing together or as HOH.  Do it right next time.  File separately. 

For the I-864, you must include your parents in your household count since you claimed them as dependents on your latest tax return.  

[aaron2020 11,651]

Just now, Naida101 said:

Hi @Crazy Cat

 

I just got married this year so my taxes are from last year. Obviously when I file this year, I won’t file as head of household. Do you suggest I include them under dependents? (I wouldn’t need their income as evidence though)

You should not be including your parents as dependents on your tax return since they are neither living with you and you do not provide more than 1/2 their support.  You and your parents should be filing separate tax returns.

 

Since you claimed them on your last tax return, you must include them in your household count for the I-864.

[Naida101 3]

3 minutes ago, aaron2020 said:

UGH. Easier doesn't make it correct.  Your parents have to be living with you in order for you  and you have to provide more than half their support in order to qualify as dependents when you file as head of household.  Your parents don't live with you and you don't support them, so you should not be filing together or as HOH.  Do it right next time.  File separately. 

For the I-864, you must include your parents in your household count since you claimed them as dependents on your latest tax return.  

Hi @aaron2020

Thanks for your reply! They were living with me until I got married this year and then they retired and moved back home but I can’t change it until we file for 2021. They visit throughout the year and stay with us but I don’t financially need to support them.  Appreciate the help!

Edited October 12, 2021 by Naida101

[powerpuff 6,744]

~ Moved from K1 Case Filing & Progress Reports to AOS K1/K3 Process ~

[SteveInBostonI130 3,471]

 

10 minutes ago, Naida101 said:

Hi @aaron2020

Thanks for your reply! They were living with me until I got married this year and then they retired and moved back home but I can’t change it until we file for 2021. They visit throughout the year and stay with us but I don’t financially need to support them.  Appreciate the help!

 

Others have pointed out the flaw of filing HOH - but that is a tax issue and not an immigration issue.

 

On your I-864 you could leave off counting your parents, because current income/situation is what is important.  I suggest you include a note in Part 11 about the change in household size for 2021 from 2020.

[aaron2020 11,651]

14 minutes ago, SteveInBostonI130 said:

 

 

Others have pointed out the flaw of filing HOH - but that is a tax issue and not an immigration issue.

 

On your I-864 you could leave off counting your parents, because current income/situation is what is important.  I suggest you include a note in Part 11 about the change in household size for 2021 from 2020.

OP can not leave her parents off the I-864.   She must include them in her household count since she claimed them as dependents on her last tax return.  

ONLY after she files her 2021 tax return without claiming her parents can she leave them off her I-864.