I-864 Confused regarding household size

[pushbrk 12,324]

12 minutes ago, sharpie11 said:

One question on this... would she be categorized as a "dependent child" (Part 5, item 4), or as "any other dependents" (Part 5, item 5) ? Her CSPA age is frozen at 20 but her actual age is over 21..

Either is fine, really, but I would go with "dependent child".  There is no age limit on dependents.  Your parent could be your dependent.

[sharpie11 6]

12 minutes ago, pushbrk said:

Either is fine, really, but I would go with "dependent child".  There is no age limit on dependents.  Your parent could be your dependent.

Ok.. thank you so much for your invaluable help. Really appreciate it!

[sharpie11 6]

On 2/10/2022 at 6:32 PM, pushbrk said:

Looks right, but I would go ahead and count the 21 year old step daughter as a dependent on the other affidavits.  Your not WRONG, but it will avoid confusion.  I take it you ARE supporting her, so she IS your dependent.  

Quick question - I am getting conflicting advice on whether or not to include my stepchildren (mainly because they don't live with me in the US and are not my tax dependents) in my household size. I am still going to include them, to take the path of least risk.

 

My question is that if ultimately it does turn out that I did not include them in my household size, is there any other issue with that other than increasing my income requirement?

[sharpie11 6]

On 2/10/2022 at 6:32 PM, pushbrk said:

Looks right, but I would go ahead and count the 21 year old step daughter as a dependent on the other affidavits.  Your not WRONG, but it will avoid confusion.  I take it you ARE supporting her, so she IS your dependent.  

I am sorry, that should read:

Quick question - I am getting conflicting advice on whether or not to include my stepchildren (mainly because they don't live with me in the US and are not my tax dependents) in my household size. I am still going to include them, to take the path of least risk.

if ultimately it does turn out that I did not need to include them in my household size, is there any other issue with that other than increasing my income requirement?

Edited February 19, 2022 by sharpie11

[more00 17]

How much is your mum income 

[sharpie11 6]

2 hours ago, more00 said:

How much is your mum income 

Its over 85 K or there abouts

[pushbrk 12,324]

6 hours ago, sharpie11 said:

I am sorry, that should read:

Quick question - I am getting conflicting advice on whether or not to include my stepchildren (mainly because they don't live with me in the US and are not my tax dependents) in my household size. I am still going to include them, to take the path of least risk.

if ultimately it does turn out that I did not need to include them in my household size, is there any other issue with that other than increasing my income requirement?

No, I am confused.  I thought the step children we are talking about were immigrating with your wife.  If they are, the counting them is proper.  If they are already in the USA living away from you then they are NOT counted, as they are either not dependents or somebody else's dependent.

 

Either way, the household size determines the income requirement and nothing else.

[sharpie11 6]

1 minute ago, pushbrk said:

No, I am confused.  I thought the step children we are talking about were immigrating with your wife.  If they are, the counting them is proper.  If they are already in the USA living away from you then they are NOT counted, as they are either not dependents or somebody else's dependent.

 

Either way, the household size determines the income requirement and nothing else.

Ok thank you

 

Yes, they are immigrating to the US with my wife and they currently live in India with her, while I am now in the US (the way I worded the question was confusing). One attorney I had asked was of the opinion that since they aren't in the US, they need not be counted as dependent children on my wife's and each other's affidavits even though I did mention that they are immigrating based on my petition.

 

But I fully agree with you (in fact even the CFR is very clear regarding counting stepchildren too), and will be counting them in my household size. Thank you!

[pushbrk 12,324]

2 minutes ago, sharpie11 said:

Ok thank you

 

Yes, they are immigrating to the US with my wife and they currently live in India with her, while I am now in the US (the way I worded the question was confusing). One attorney I had asked was of the opinion that since they aren't in the US, they need not be counted as dependent children on my wife's and each other's affidavits even though I did mention that they are immigrating based on my petition.

 

But I fully agree with you (in fact even the CFR is very clear regarding counting stepchildren too), and will be counting them in my household size. Thank you!

You do not indicate the names of other immigrants on your I-864. Only one person is immigrating based on any one petition.

 

Whether you count them or not, the Consular Officer will know they are immigrating and apply the proper income requirement based on all of them, plus you and any other actual dependents.

[sharpie11 6]

22 minutes ago, pushbrk said:

You do not indicate the names of other immigrants on your I-864. Only one person is immigrating based on any one petition.

 

Whether you count them or not, the Consular Officer will know they are immigrating and apply the proper income requirement based on all of them, plus you and any other actual dependents.

Yes in part 3 it clearly states not to include any relative listed on a separate petition. I will only count them in part 5  item 4  on my wife's and each other's affidavits, and of course will not double count them in part 5 of their own affidavits.

 

Consular officer certainly should be able to deduce the correct household size from all three affidavits - indeed my reason for this question was to be reasonably certain that the numbers that I put in the household size section will not cause any confusion.

Edited February 19, 2022 by sharpie11

[sharpie11 6]

On 2/19/2022 at 5:46 PM, pushbrk said:

You do not indicate the names of other immigrants on your I-864. Only one person is immigrating based on any one petition.

 

Whether you count them or not, the Consular Officer will know they are immigrating and apply the proper income requirement based on all of them, plus you and any other actual dependents.

Hi I had a question about the I-864, I am unemployed since the last few years, however I had small amounts of stock sale income on my tax return ($4500 on the latest one, but only $300 or $400 on the previous two returns). I can still check "Unemployed" in part 6 "Sponsor's employment and income", right? (I will be using a joint sponsor of course).

[pushbrk 12,324]

7 minutes ago, sharpie11 said:

Hi I had a question about the I-864, I am unemployed since the last few years, however I had small amounts of stock sale income on my tax return ($4500 on the latest one, but only $300 or $400 on the previous two returns). I can still check "Unemployed" in part 6 "Sponsor's employment and income", right? (I will be using a joint sponsor of course).

Yes, you are unemployed.

[sharpie11 6]

2 minutes ago, pushbrk said:

Yes, you are unemployed.

Thank you !

[sharpie11 6]

On 5/20/2022 at 8:49 PM, pushbrk said:

Yes, you are unemployed.

Hi, I have a question regarding my mother as a Joint Sponsor. She has a steady job as a school teacher since the last 20 years and makes enough annually to cover my family as a joint sponsor.

However in her most recent two tax transcripts, in addition to her salary she had a capital gains of around 20K and a capital loss of around $2K respectively owing to a lot of day trading conducted by my brother on her brokerage account. Could this kind of trading activity and gains / loss cause an issue in her suitability as a Joint Sponsor?

[pushbrk 12,324]

5 minutes ago, sharpie11 said:

Hi, I have a question regarding my mother as a Joint Sponsor. She has a steady job as a school teacher since the last 20 years and makes enough annually to cover my family as a joint sponsor.

However in her most recent two tax transcripts, in addition to her salary she had a capital gains of around 20K and a capital loss of around $2K respectively owing to a lot of day trading conducted by my brother on her brokerage account. Could this kind of trading activity and gains / loss cause an issue in her suitability as a Joint Sponsor?

No, unless it takes her Total income line to an amount less than needed to qualify.  Her current income does not come from a tax return though.  It comes from her paystub.