Question Regarding Poverty Line

[Eric & Lizeth 0]

I am in the process of filling out the I-134 (affidavit of support). I have reviewed the current income poverty levels as they appear on the NCIS site. I didn't realize that there were different requirements for active military members but it allows a little extra breathing room .

I was curious, however, if paying child support has any significant influence on the numbers. I don't have custody and my kids do not live with me. My W-2's and tax returns suggest that I am well above the ability to support my fiancee but if I list my kids as 'partial supportees' does that mean I have to meet the requirements for all of us?

Thanks

[Audy_Rob 26]

This is a difficult question to answer. There is no known correct answer because there is no instructionn on how the Partially Supported Children are counted. Additionally, no where on the I-134 form do you make a tally or counting of the number of members in the household. Basically only the CO (Consular Officer) at the Embassy/Consulate will look over your form, see that you have children partially supported by child support, and will add up what he believes the family count should be for a K-1 applicant.

Technically the member of active duty at 100% only applies to spouse and children if you read the I-864P poverty form carefully. It does not say for the alien fiance(e) of a USC on active military duty.

To be safe, you can "probably" use 100% of the USC plus fiancee plus number of partially dependent children and that will be safe if the USC is on active military duty.

If you do not reach that level of income, you might try to get a joint sponsor who does earn the 125% level for the joint sponsor, his/her dependents and the fiancee.

[Gary and Alla 3,694]

This is a difficult question to answer. There is no known correct answer because there is no instructionn on how the Partially Supported Children are counted. Additionally, no where on the I-134 form do you make a tally or counting of the number of members in the household. Basically only the CO (Consular Officer) at the Embassy/Consulate will look over your form, see that you have children partially supported by child support, and will add up what he believes the family count should be for a K-1 applicant.

Technically the member of active duty at 100% only applies to spouse and children if you read the I-864P poverty form carefully. It does not say for the alien fiance(e) of a USC on active military duty.

To be safe, you can "probably" use 100% of the USC plus fiancee plus number of partially dependent children and that will be safe if the USC is on active military duty.

If you do not reach that level of income, you might try to get a joint sponsor who does earn the 125% level for the joint sponsor, his/her dependents and the fiancee.

What? Here is the CORRECT answer.

Your children are your children, period. Child support does not matter, does not count against you. They go by GROSS income only. Child support received as income CAn be counted as income if it is supported with court documentation, proof of payment and proof of permanency beyond 3 years. Your children are WHOLLY dependent, they do not use the "partially dependent" category and it has no purpose. One day they will update the forms.

ALL your children count, regardless of if you pay child support, where they live or who claims them on taxes. Unless they are over age 18 and emancipated they count in your family size as 1 WHOLE person each. Review the instructions for the I-864 which are generally used for the I-134.

For your family size you need to count...

1. Yourself

2. Your fiancee

3. ANY children you have who are under 18 and not emancipated

4. ANY children she has that are under 18 and not emancipated

For income you count...

1. GROSS income from ALL sources, no deductions are taken from this for child support.

2. The only income that does not count is welfare income

3. Unemployment income counts but will not be considered on its own because it is not permanent, if you are currently on unemployment and it is your only source of income...you need a co-sponsor.