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Maganda

The child is in the custody of fiance's mother.Will he be counted as part of the household size?

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Good day to all vj peeps!

I am calling for members who have been through this situation before.

My fiance has a 4 year old son from his marriage and the custody was given to his(fiance) mother.He was working in Japan that time and he doesnt want to give the custody to his ex-wife.He was not obliged to give support.Will the child be counted as part of the household size?The guidelines states "Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and an immigrant(that will be me)"My fiance said his son is not listed in his federal income tax.He also went to the lawyer to inquire on this matter and he has an letter/affidavit that he will send to me to show to the Consular officer if ever he will count his son as part of the household size.I am worried because if that happens we would not be able to meet the 125% above poverty line for household size of 3.To those who have been through with this situation, please help me.Your interview experience regarding this matter will be highly appreciated.Have been worrying for months.I dont want to get denied during the interview for income insufficient.Thanks for your reply.Godbless


K1 Visa

Event Date

Service Center : California Service Center

Consulate : Manila, Philippines

I-129F Sent : 2010-07-31

I-129F NOA1 : 2010-08-11

I-129F NOA2 : 2011-01-13

NVC letter: 2011-02-01

USEM LETTER: 2011-02-11

INTERVIEW: 2011-04-04 VISA APPROVED

POE: 2011-05-02 MINEAPOLIS/ST PAUL

WEDDING: 2011-06-18

Prayer teaches us to wait;it clears our visions;it quiets our heart and it activates our faith.Glow like the sunrise and be humble like the sunset.

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Thanks for your reply..But can you pls tell me how this custody thing works there in US?Does it mean that if you do not have the custody of your child , you are not obliged to support? Or unless ordered from the Court?Im really confused since some would say that the child is still dependent since he is his child so he is bound to support him.


K1 Visa

Event Date

Service Center : California Service Center

Consulate : Manila, Philippines

I-129F Sent : 2010-07-31

I-129F NOA1 : 2010-08-11

I-129F NOA2 : 2011-01-13

NVC letter: 2011-02-01

USEM LETTER: 2011-02-11

INTERVIEW: 2011-04-04 VISA APPROVED

POE: 2011-05-02 MINEAPOLIS/ST PAUL

WEDDING: 2011-06-18

Prayer teaches us to wait;it clears our visions;it quiets our heart and it activates our faith.Glow like the sunrise and be humble like the sunset.

event.png

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Thanks for your reply..But can you pls tell me how this custody thing works there in US?Does it mean that if you do not have the custody of your child , you are not obliged to support? Or unless ordered from the Court?Im really confused since some would say that the child is still dependent since he is his child so he is bound to support him.

It is up to the divorce court to negotiate child support, paying child support is not the same thing as "member of household" If child is claimed on tax return as a dependent then is counted on affidavit of support, this claim should only be made by the custodial parent, if divorced only one parent can claim children as dependents.

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

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It is up to the divorce court to negotiate child support, paying child support is not the same thing as "member of household" If child is claimed on tax return as a dependent then is counted on affidavit of support, this claim should only be made by the custodial parent, if divorced only one parent can claim children as dependents.

The child is not listed in my fiance's tax return so therefore he we will not put the child's name in form 134 which asks for name of dependent children whether wholly or partially dependent.I remember also that my fiance did not put his childs name in the form he sent to USCIS when he filed the K1.I was worried i will be getting RFE on that thing..So does it mean i am good to go for interview?


K1 Visa

Event Date

Service Center : California Service Center

Consulate : Manila, Philippines

I-129F Sent : 2010-07-31

I-129F NOA1 : 2010-08-11

I-129F NOA2 : 2011-01-13

NVC letter: 2011-02-01

USEM LETTER: 2011-02-11

INTERVIEW: 2011-04-04 VISA APPROVED

POE: 2011-05-02 MINEAPOLIS/ST PAUL

WEDDING: 2011-06-18

Prayer teaches us to wait;it clears our visions;it quiets our heart and it activates our faith.Glow like the sunrise and be humble like the sunset.

event.png

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The child is not listed in my fiance's tax return so therefore he we will not put the child's name in form 134 which asks for name of dependent children whether wholly or partially dependent.I remember also that my fiance did not put his childs name in the form he sent to USCIS when he filed the K1.I was worried i will be getting RFE on that thing..So does it mean i am good to go for interview?

If says Partly dependent, then it may be required to count them on the I-134, and later on I-864 for AOS..

Moving this to consulate discussion, it is NOT specific to the Philippines..


OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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If says Partly dependent, then it may be required to count them on the I-134, and later on I-864 for AOS..

Moving this to consulate discussion, it is NOT specific to the Philippines..

When does one considered to be partially or wholly dependent?

Edited by Maganda

K1 Visa

Event Date

Service Center : California Service Center

Consulate : Manila, Philippines

I-129F Sent : 2010-07-31

I-129F NOA1 : 2010-08-11

I-129F NOA2 : 2011-01-13

NVC letter: 2011-02-01

USEM LETTER: 2011-02-11

INTERVIEW: 2011-04-04 VISA APPROVED

POE: 2011-05-02 MINEAPOLIS/ST PAUL

WEDDING: 2011-06-18

Prayer teaches us to wait;it clears our visions;it quiets our heart and it activates our faith.Glow like the sunrise and be humble like the sunset.

event.png

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When does one considered to be partially or wholly dependent?

Paying child support, and having custody for part of the time, like in weekends, summers, one week a month, etc.. depending on the divorce agreement. Is partially dependent.

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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Partially dependent is like my adult son that lives with me. He gets cheap rent. I am not obligated to do so. Minor children are almost always fully dependent on their parents.

For clarity, a partially dependent person counts as a whole person in household size. No matter whether the sponsor's child is listed as a dependent on a tax return or I-134, when a Consular officer is aware of a sponsor's child under the age of 21, they may well count them in their own calculation of household size while making the public charge determination. The reason is that at any moment, that child may well become a direct and full dependent of the sponsor.

If the sponsor does not have qualifying income and/or assets when counting the child in the household size, they would be wise to secure a cosponsor who DOES qualify.


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Understanding the big picture is priceless. Anonymous

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woohoo, he doesn't support his son at all, so he's not a dependent. So the kid is a non-issue!

Edited by Lisa C

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:thumbs:

For clarity, a partially dependent person counts as a whole person in household size. No matter whether the sponsor's child is listed as a dependent on a tax return or I-134, when a Consular officer is aware of a sponsor's child under the age of 21, they may well count them in their own calculation of household size while making the public charge determination. The reason is that at any moment, that child may well become a direct and full dependent of the sponsor.

If the sponsor does not have qualifying income and/or assets when counting the child in the household size, they would be wise to secure a cosponsor who DOES qualify.

I would agree with this! It is up to the CO to make the determination but do you want to take the chance? Seems like you run a pretty significant chance of having trouble here.

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woohoo, he doesn't support his son at all, so he's not a dependent. So the kid is a non-issue!

Wrong. The son is his and who supports him could change with no notice. Count on needing a cosponsor if the income doesn't qualify with the son counted in the household size.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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If i were you i would tell your fiancee to prepare for that child to be counted. the only way i could see that the child would not be his responsibility to some extent would be if your fiancee legally signed over his rights and the mother took full responsibility of the child, which may not even be possible, that would be for a court to decide im sure. in manila prepare for the worst, if it works out the easy way then great.

gl

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For clarity, a partially dependent person counts as a whole person in household size. No matter whether the sponsor's child is listed as a dependent on a tax return or I-134, when a Consular officer is aware of a sponsor's child under the age of 21, they may well count them in their own calculation of household size while making the public charge determination. The reason is that at any moment, that child may well become a direct and full dependent of the sponsor.

If the sponsor does not have qualifying income and/or assets when counting the child in the household size, they would be wise to secure a cosponsor who DOES qualify.

[/quote

thanks for clarification...that is exactly my worries.That the consular Officer will count his child as part of the household even though he is not listed in the tax return or form 134,since one of the questions asked during the interview will be "if the petitioner has children".And since i will be interviewed in Manila Embassy, i cant have cosponsor as i have learned they are reluctant to accept co sponsors.


K1 Visa

Event Date

Service Center : California Service Center

Consulate : Manila, Philippines

I-129F Sent : 2010-07-31

I-129F NOA1 : 2010-08-11

I-129F NOA2 : 2011-01-13

NVC letter: 2011-02-01

USEM LETTER: 2011-02-11

INTERVIEW: 2011-04-04 VISA APPROVED

POE: 2011-05-02 MINEAPOLIS/ST PAUL

WEDDING: 2011-06-18

Prayer teaches us to wait;it clears our visions;it quiets our heart and it activates our faith.Glow like the sunrise and be humble like the sunset.

event.png

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