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Dependants on Affidavit of Support form

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Hello, 

 

I'm hoping someone can help me. My American fiance has two children from a previous relationship. He has them 50 percent of the time (week on week off) so when tax time comes around him and their mother claim one kid each (doesn't seem to matter which one). So in the section asking about how many dependants my fiance has, should we put 2 because he has 2 children or should we put 1 to reflect what's on his tax return? Thanks!

Edited by CanadianMomtobe

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He must count both children.  A child is a dependent no matter where they live in the world, who cares for them physically or financially.  Even if your fiance never saw his children or paid child support he would need to count them as dependents for the I-864.  

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20 minutes ago, NikLR said:

He must count both children.  A child is a dependent no matter where they live in the world, who cares for them physically or financially.  Even if your fiance never saw his children or paid child support he would need to count them as dependents for the I-864.  

No I understand children are dependents no matter what but the reason they each claim one on their tax forms is to reflect the fact that they each share only 50 percent of the financial responsibility. For income threshold purposes in regards to the Affidavit of Support obviously we don't want to claim that he has more financial burden than what he really has. And on the tax forms that will be submitted with the Affidavit per their request it will show only 1 dependent. 

 

May I ask if you have first hand experience with this particular type of situation?

Edited by CanadianMomtobe

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6 hours ago, CanadianMomtobe said:

No I understand children are dependents no matter what but the reason they each claim one on their tax forms is to reflect the fact that they each share only 50 percent of the financial responsibility. For income threshold purposes in regards to the Affidavit of Support obviously we don't want to claim that he has more financial burden than what he really has. And on the tax forms that will be submitted with the Affidavit per their request it will show only 1 dependent. 

 

May I ask if you have first hand experience with this particular type of situation?

If you read the instructions for the form you MUST include ALL children. 

While I do not have first hand knowledge because my child is not my husband's  (the USC) I have been on this board a long time and many of the veteran members will give you this same answer.  Pushbrk is our "resident" leader on the I-864 and I-134. 

 

~~organizer hat on~~

~~Please do not start new threads for typos.  You can report the thread instead and have a mod help you.  Starting new threads on the same subject is considered spamming and is against our TOS.~~

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7 minutes ago, NikLR said:

If you read the instructions for the form you MUST include ALL children. 

While I do not have first hand knowledge because my child is not my husband's  (the USC) I have been on this board a long time and many of the veteran members will give you this same answer.  Pushbrk is our "resident" leader on the I-864 and I-134. 

 

~~organizer hat on~~

~~Please do not start new threads for typos.  You can report the thread instead and have a mod help you.  Starting new threads on the same subject is considered spamming and is against our TOS.~~

I have definitely been thorough with reading the instructions (I wish they were a little more detailed and I'm guessing so does everyone else or we all wouldn't be here) and on the I-129F his children (both) are definitely included. This is a little tricky because on his tax form it will show only 1 dependent and I don't know if USCIS wants us to go with what the IRS records show or just how many children he has it's a little confusing. I know where you're coming from and am inclined to put 2 dependents as well on the Affidavit but I just don't know if that's the right thing. I will send a message to that user thank you!

Edited by CanadianMomtobe

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The consulate will go through the i-134.  It isn't sent to the USCIS.  They will note the number of children and as long as the income is above the guidelines for the number of dependents it will be fine.  Same for the I-864 when you adjust status (only the USCIS will have that form.)

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6 minutes ago, NikLR said:

The consulate will go through the i-134.  It isn't sent to the USCIS.  They will note the number of children and as long as the income is above the guidelines for the number of dependents it will be fine.  Same for the I-864 when you adjust status (only the USCIS will have that form.)

Okay I guess it's confusing for me because it's the Affidavit that asks for both the number of dependents and your tax form simultaneously so I assumed they were looked at together?? 

Edited by CanadianMomtobe

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The tax returns are honestly just to show that you've filed.  If above income level they show a history of above poverty guidelines earnings lessening the chance of the beneficiary becoming a public charge.  Most countries strictly go by current income but a few require  past years as well since historically speaking beneficiaries from those countries have become public charges.  Canada is not one of those countries however. 

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On 9/1/2017 at 7:56 PM, NikLR said:

Remember as well that as a K1 your petitioner will file 2 affidavits of suppprt.  The I-134 is not legally binding and is presented at interview.  The I-864 is legally binding and is sent after marriage when you adjust your status.  

I just found this on a site called 'k1 approved' and now I'm confused. You are convinced that I need to list all children but this says to reflect what was on the tax return?? http://www.k1approved.com/k1-visa-tips/fiance-visa-income-requirements/

 

How to Read the Poverty Guidelines Chart

The sponsor’s income must be enough to support the people who depend financially on the sponsor (dependents). To determine the dependents who must be included add up the following:

  • the sponsor
  • the currently immigrating fiancé and any immigrating children
  • any other immigrants the sponsor has sponsored in the past, and
  • all family members listed as dependents on the sponsor’s tax return.

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