TABLE OF CONTENTS

WHO COUNTS AS PART OF YOUR HOUSEHOLD?

You count someone as part of your household size if that person is:

• You;
• The head of your household (if not you). If a child (under 21 years of age) is applying individually, provide the information of the primary custodial parent;
• Your spouse living with you (if you are separated or your spouse is not living with you, do not include your spouse); or
• Any of the following family members who live with you:
  • Your children or legal wards, who are unmarried and under 21 years of age;
  • Your children or legal wards, who are unmarried and are at least 21 years of age but under 24 years of age, are full-time students, and who live with you when not at school;
  • Your children or legal wards, who are unmarried and for whom you are the legal guardian because they are physically or developmentally disabled or mentally impaired to the extent that they cannot adequately care for themselves and cannot establish, maintain, or re-establish their own household;
  • Your parents; and
  • Any other dependents listed on your federal tax return, or on your spouse’s (unless separated or not living with you) or head of household’s federal tax returns.
• You must include the annual income of your household members as part of your household income.

My relative or roommate lives with me, does their income count toward my household income?

• If someone lives with you but does not meet the definition of a household member as described above, do not count that person’s income as part of your household income. You should count the specific amount of any financial contribution that you receive from them only if that money was used to support your household. You include that amount in your total household income.
  • Example 1: If your uncle lives in your house (which you own) and paid $1,000 towards your mortgage, that $1,000 would be included as income because it was financial support provided to your household.
  • Example 2: You share an apartment with a roommate who is not a household member. You pay your own expenses, and your roommate pays their own expenses. Your roommate’s income is not part of your household income because the roommate is not financially supporting you. Therefore, you do not include the roommate’s income as part of your household income.

I receive child support, but not the full amount as listed in the court order. Do I include the full amount of the child support as additional income or financial support or only what I actually receive?

• Annotate the actual amount of child support received. If there is a difference between what is stated in a court order or documentation, provide an explanation. Examples of documents may include bank statements, copies of checks, court documents, or other documentation indicating the actual income or financial assistance you are receiving.

How marital separation affects eligibility

• If you are requesting a reduced fee and are not including your spouse’s income because of a marital separation, please provide a signed statement or documentation to establish that your spouse does not live with you and provides no income assistance. Acceptable documents may include a copy of the court order that formalized your legal separation, a formal notarized property settlement agreement, financial support agreement, or separate mortgage, lease, or utility bills that show you and your spouse live apart.
• Even if you are separated from your spouse, your household income includes any monthly support payments that you receive from your spouse.

How an Affidavit of Support affects eligibility

If someone filed a Form I-134, Declaration of Financial Support, or Form I-864, Affidavit of Support under Section 213A of the Act, for you, that person may still be responsible for supporting you. However, we will consider that person’s income or assets in deciding whether you are eligible for a reduced fee only if that person is currently a member of your household.