I have a question, how much should be the poverty line of my husband for him to meet the requirements.

He has 2 kids but he is not married to the mothers... He only supports them in monthly basis.

HOW MUCH INCOME HE SHOULD HAVE? I talked to this lawyer from CALI and he told me that the income should be $21,200 per year - thats for 2 kids, me and my husband..

Do you think it is right?

I really have no idea about this stuffs...

Help me please.. thanks!




Kat

He counts the children is he claims them on his tax returns.

You can look up the povertyline here: http://www.uscis.gov/files/form/I-864P.pdf For most consulates the 125% is the line they use for K-Visas.


$26,500 is the line for a family of 4 at 125%

This is gross income BEFORE tax, and deductions, NOT take home pay.

Sir, his two kids is not living with him since birth... he dont even get his tax return of his 2 kids.. the kids doesnt bring the name of my husband too...

does it count still sir?

The issue isn't where they live. It's whether he is legally responsible for their support. It doesn't matter whether he claims them on his tax return either. Commonly the custodial parent claims the children on their return.

I think the attorney is correct but one could make a case for ignoring the children and using a household of 2.

Typically in this case he is supporting them, but they are not considered to be members of his home, so do not need to count them on the affidavit of support. The number on I-134 will be 2, for the petitioner and beneficiary.

UHM... SO WHO IS RIGHT??? im confuse...

DOES HE NEED TO COUNT HIS KIDS EVEN THEY DONT LIVE WITH HIM SINCE BIRTH BUT HE SUPPORTS THEM...


I HOPE ITS NOT SINCE HE DIDNT CLAIM HIS 2 KIDS IN HIS TAX RETURN....

This is one of those grey areas, it can be 2 or it can be 4.

The question is is the petitioner's income above the line for 4? If so, I would count 4 and not worry about it.

If your husband listed his children as DEPENDENTS on his income tax return then he has to list them as HOUSEHOLD MEMBERS on the Affidavit of Support.

So, the lawyer is California is right about the number of people in HOUSEHOLD is 4.

Your husband/petitioner (1), his children/dependents claimed on tax (2 and 3), and you (4).

Except he didn't list his children on his tax return, so the number can be 2.

i dont know what is right and wrong here..

I would be more conservative here and say "4". The embassy may decide, during the interview, that the household is 4-even though his children do not live with him and he doesn't claim them on his tax returns. He is still financially obligated to them and that may matter more. The embassy has the right to "raise the bar" in terms of financial, security check and/or proof of relationship evidence. I'd suggest to be prepared for a higher household number just in case!

Yet if I am not mistaken, the petitioner's passport has been garnished due to lack of child support payments, which is a huge issue.

I agree with Lady Jane on this...

The Embassy can "raise the bar" and ask for more when they want to.

For example, my case was approved at the USCIS and NVC. But when it got to the Consulate, the officer wanted us to provide a joint sponsor. Despite the fact I am working and making over the povery limit. The reason given for the request ofa Joint Sponsor...I did not work for 2006.

In the end, the Embassy official is the last person to approve or deny a case.