How to answer household size on i864...please help

[Raco 3]

My mother, my children and myself all live together. My Mom is the joint sponsor, but in 2023 she claimed my children as dependents on her tax return. I filed separately and didn't claim my children. So for household size...does my Mom put 4? Do I just not include my children and put 2 (myself and immigrant spouse)? Any help appreciated, thanks 

[OldUser 7,000]

This tax situation seems a bit messy. Do you have somebody other than mom who can joint sponsor whoever you're sponsoring?

Edited December 4 by OldUser

[Lemonslice 4,922]

On 11/21/2024 at 5:21 PM, Raco said:

My mother, my children and myself all live together. My Mom is the joint sponsor, but in 2023 she claimed my children as dependents on her tax return. I filed separately and didn't claim my children. So for household size...does my Mom put 4? Do I just not include my children and put 2 (myself and immigrant spouse)? Any help appreciated, thanks 

As the parent, you have to count your children, unless very specific circumstances.  (see Item 4, page 7 of 17 of the instructions)
https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf

 

"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."

 

Your mom will have to include them because she is claiming them as her dependents.  (see item 5, same page)

 

"Item Number 5. Type or print the number of any other dependents. You must include each and every person whom you have claimed as a dependent on your most recent Federal income tax return, even if that person is not related to you. Even if you are not legally obligated to support that person, you must include the person if, in fact, you did support that person and claimed the person as a dependent."

 

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Now, when are you planning to submit these affidavits of support?  Is the tax filing situation going to be the same, or different, for 2024?  

While I agree with @OldUser that it can seem messy, if the situation is going to be simpler by the time you file the forms and 2024 taxes, it might be ok.  Hard to say without numbers.  

 

 

 

 

 

 

Edited December 4 by Lemonslice