Dependents.

[apond 36]

Getting reading to file our paperwork for adjustment. For the Affidavit of support I’m trying to determine for sure which of my kids count as dependents.first off NONE of them live with me.  Oldest is 28, lives in his own, I know he doesn’t. Second will be 21 in one month, lives with his father has a full time job and provides for more than 50% of his own expenses. Third is 19 also lives with her father, works full time and provides for more than 50% of her own expenses. Youngest is 17, lives with his father but I claim him on taxes per our divorce agreement. 
 

I’ve been told and read conflicting info. Some stating only the 17 year old needs to be claimed for the AOS others saying all 3 youngest. 
 

my W2 is 47k for 2022 but the previous years I was under(2021) or filing with my ex ( roughly 78k combined for 2020 and 2019). 
 

just hoping to get some clarification. 

[Mike E 11,739]

The  kids listed on your irs tax return count  toward I-864. 

Edited January 15, 2023 by Mike E

[apond 36]

 

7 minutes ago, Mike E said:

The  kids listed on your irs tax return count  toward I-864. 

Thank you! That’s what I thought but as I stated I’ve read some different info and just don’t want to mess this part up. 

[Mike E 11,739]

Read 

but don’t hijack.  Your issue is discussed at length 

[iwannaplay54 985]

3 hours ago, apond said:

Getting reading to file our paperwork for adjustment. For the Affidavit of support I’m trying to determine for sure which of my kids count as dependents.first off NONE of them live with me.  Oldest is 28, lives in his own, I know he doesn’t. Second will be 21 in one month, lives with his father has a full time job and provides for more than 50% of his own expenses. Third is 19 also lives with her father, works full time and provides for more than 50% of her own expenses. Youngest is 17, lives with his father but I claim him on taxes per our divorce agreement. 
 

I’ve been told and read conflicting info. Some stating only the 17 year old needs to be claimed for the AOS others saying all 3 youngest. 
 

my W2 is 47k for 2022 but the previous years I was under(2021) or filing with my ex ( roughly 78k combined for 2020 and 2019). 
 

just hoping to get some clarification. 

I concur with one.  17 year old if claimed on your taxes.

[iwannaplay54 985]

2 hours ago, Mike E said:

The  kids listed on your irs tax return count  toward I-864. 

That is incorrect.  ALL kiddos under age majority by your state law, whether claimed or not, are listed.  
Kiddos in your household, if still dependents, are listed. 
Kiddos you are ordered to support are listed.  Claiming them on tax return or not is irrelevent.  Support orders tail off when they reach majority, if they do not live with you at that time they are no longer listed members of your household.

Edited January 15, 2023 by iwannaplay54

[Crazy Cat 41,810]

I-864 Affidavit of Support (FAQs) (state.gov)

"

How do I calculate my household size?

The Form I-864 asks for the financial sponsor’s household size. When calculating their household size, sponsors must include:

• Their spouse,
   
• Any children by birth, marriage, or adoption living in the sponsor's residence,
   
• Anyone else claimed as a dependent on the sponsor's tax return for the most recent year, regardless of whether they are related to the sponsor or have the same principal address as the sponsor,
   
• The principal visa applicant,
   
• Any derivative applicants who plan to immigrate within six months,
   
• Any other people in the United States whom the sponsor is supporting on a different Form I-864, if the obligation has not terminated, and
   
• Any nondependent siblings, parents, or adult children who reside in the sponsor's household who are not dependents, if they complete a Form I-864A.

A sponsor does not have to include people on other I-864s who have not yet immigrated to the United States.

 

Edited January 15, 2023 by Crazy Cat

[iwannaplay54 985]

16 minutes ago, Crazy Cat said:

I-864 Affidavit of Support (FAQs) (state.gov)

"

How do I calculate my household size?

The Form I-864 asks for the financial sponsor’s household size. When calculating their household size, sponsors must include:

• Their spouse,
   
• Any children by birth, marriage, or adoption living in the sponsor's residence,
   
• Anyone else claimed as a dependent on the sponsor's tax return for the most recent year, regardless of whether they are related to the sponsor or have the same principal address as the sponsor,
   
• The principal visa applicant,
   
• Any derivative applicants who plan to immigrate within six months,
   
• Any other people in the United States whom the sponsor is supporting on a different Form I-864, if the obligation has not terminated, and
   
• Any nondependent siblings, parents, or adult children who reside in the sponsor's household who are not dependents, if they complete a Form I-864A.

A sponsor does not have to include people on other I-864s who have not yet immigrated to the United States.

 

Not a state.gov form it’s a USCIS form and it comes with very specific instructions.
Conflicts with I864 instructions Item #4.  Previous post is aligned with the instructions.

“Type or print the number of unmarried children you have under 21 years of age even if you do not have legal custody of those children.  You may exclude unmarried children under 21 IF they have reached age of majority in their place of domicile AND they are not claimed on your tax return.”

You list them if they are on you tax return regardless of age.  You list them if they are under age of majority regardless of custody or tax status.

Edited January 15, 2023 by iwannaplay54

[Crazy Cat 41,810]

4 minutes ago, iwannaplay54 said:

Conflicts with I864 instructions Item #4.  Previous post is aligned with the instructions.

Item 4 instructions are for listing them on another section of the I-864.  The section I quoted are the instructions for calculating household size. 

[apond 36]

9 minutes ago, iwannaplay54 said:

Not a state.gov form it’s a USCIS form and it comes with very specific instructions.
Conflicts with I864 instructions Item #4.  Previous post is aligned with the instructions.

“Type or print the number of unmarried children you have under 21 years of age even if you do not have legal custody of those children.  You may exclude unmarried children under 21 IF they have reached age of majority in their place of domicile AND they are not claimed on your tax return.”

You list them if they are on you tax return regardless of age.  You list them if they are under age of majority regardless of custody or tax status.

So 3 are age or majority and I do not claim

them. 1 is under and I do. thus by this my household is 3?

[Crazy Cat 41,810]

1 minute ago, apond said:

So 3 are age or majority and I do not claim

them. 1 is under and I do. thus by this my household is 3?

The child you claim on taxes is included in your household size. 

[iwannaplay54 985]

20 minutes ago, apond said:

So 3 are age or majority and I do not claim

them. 1 is under and I do. thus by this my household is 3?

Based on your description and the instructions you list one child (17 yr old) and exclude the others.

[iwannaplay54 985]

2 hours ago, Crazy Cat said:

Item 4 instructions are for listing them on another section of the I-864.  The section I quoted are the instructions for calculating household size. 

Item 4 is one of the entries under Part 5 Sponsor’s Household Size CC.  Item 8 under Part 5 is where you add Items 1-7

 

Edited January 15, 2023 by iwannaplay54