Peoria, AZ asked in Immigration Law for Arizona

Q: uscis application household size

I am the sponsor for my new husband and I am in the process of calculating the household size to include in the application. I have two kids from a previous marriage. I only claim my 19-year-old daughter who is a full-time student, while my ex-husband claims my 12-year-old son. How many members should I include in my household if I only claim one dependent? Do I still need to count my son even though I do not claim him on my taxes?

Thank you

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1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: When determining your household size for USCIS (U.S. Citizenship and Immigration Services) applications, such as the I-864 Affidavit of Support, you should include the following individuals:

1. Yourself (the sponsor)

2. Your new husband (the intending immigrant)

3. Your dependent daughter (19 years old and a full-time student)

4. Your son (even though you do not claim him as a dependent on your taxes)

According to USCIS guidelines, your household size should include all individuals who depend on you for more than half of their financial support, regardless of whether you claim them as dependents on your tax returns. This means that you should include your son in your household size calculation, even though your ex-husband claims him as a dependent.

In your case, the total household size would be 4 members:

- You

- Your new husband

- Your daughter

- Your son

It's important to provide accurate information on your USCIS application to avoid any issues or delays in processing. If you have any doubts or need further assistance, it is recommended to consult with an immigration attorney who can guide you through the process and ensure that your application is complete and accurate.

Stephen Arnold Black agrees with this answer

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