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My spouse has 2 kids (8 & 12) that are living with her ex-husband. Are they her dependents? She's my sponsor for form I-864

Atlanta, GA |

I am filing for adjustment of status and my spouse is sponsoring me on form I-864. She has two kids that are not stated as her dependents on her tax return and they are not living with us. Should we count them as our household for purposes of form I-864? Thank you!

Attorney Answers 3


  1. According to the divorce decree, is she responsible for their support?

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  2. If she pays child support, then yes. I-864 asks you very direct questions, also the instructions are pretty good

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.


  3. Hello there,

    To answer you question simply, No. They don't count as members of your household for the purposes of completing the form I-864.

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