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Should my US Citizen Son count on Form I-864 in Part 5 Sponsor's Household size. The Sponsor is my wife and she is filing for me

Jacksonville, FL |

My Wife, a US citizen is filing for me, I have a son from a previous marriage age six, he is a US citizen,. My wife would not need to file for him but would he count in the Sponsor's Household size as he will be living with us. Either way her salary can support all 3 of us, but just curious how a case like that would be handled on the I-865 form. Thanks in advance for your time and any replies

Attorney Answers 5


  1. Best answer

    Yes, as he is part of your household.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. As long as he is a dependent and living in the same household, then yes, he should be counted in.

    www.GintareLaw.com. Contact immigration lawyer Gintare Grigaite, Esq. of Grigaite & Abdelsayed, LLC at 201-471-7989, located in New York and New Jersey, for a consultation about your immigration case. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.


  3. If your son is living with you he should be listed on the Form-864 as a member of the household.


  4. If your son is a dependent he must be listed on the affidavit.

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