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doctorbeat

Can child support count as income for I-864?

By doctorbeat in Adjustment of Status from Work, Student, & Tourist Visas

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doctorbeat Explorer

doctorbeat   6

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Filed: Country: England
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Firstly, I couldn't seem to find the right area of the forums to ask this question, so I hope here is ok...

My wife and I are trying to get our affidavit of support worked out, and because she has had a recent pay raise, it looks like she finally makes enough money to cover the 125% of the poverty line for our household size (4)

This is providing she is allowed to count her child support as household income.

Now I've been reading about this, and doubt is starting to settle in my mind.

I seem to be able to find about a 50/50 spread of people saying yes, child support can be counted, and no, child support cannot be counted.

Can someone please give me a definitive answer before we die of heart attacks?

Has anyone used child support on an I-864 successfully, where their income would otherwise have been too low?

Edited by doctorbeat
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Anh map Grand Master

Anh map   2,098

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Filed: IR-1/CR-1 Visa Country: Vietnam
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Page 7 of the I-864 instructions state that it can be used. You must include evidence that it is paid/received.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

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doctorbeat Explorer

doctorbeat   6

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Filed: Country: England
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Page 7 of the I-864 instructions state that it can be used. You must include evidence that it is paid/received.

My wife's ex husband pays cash, but we do have the court order on her divorce papers.

Is that enough, or are we out of luck yet again?

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Anh map Grand Master

Anh map   2,098

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Filed: IR-1/CR-1 Visa Country: Vietnam
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My wife's ex husband pays cash, but we do have the court order on her divorce papers.

Is that enough, or are we out of luck yet again?

A record of deposits along with the court order would probably be best.

I am sure that other VJ members can offer experiences with cash payment of child support.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Myopia Rising Star

Myopia   93

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A record of deposits along with the court order would probably be best.

I am sure that other VJ members can offer experiences with cash payment of child support.

Can't they just deposit the cash in the bank when they get it? Wouldn't a regular deposit of $100 be seen as child support if they had a letter from the ex stating so? The wife doesn't have to tell him why she needs it. She can say she needs it for child care and the letter can be a "To whom it may concern"? Would that work?

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doctorbeat Explorer

doctorbeat   6

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I just read on another forum that a well known immigration lawyer (they only named her as 'Laurel') strongly advises people NOT to use child support as income on an affidavit.

There was also a big long bunch of legalese that discussed discretion on the part of the officer, and the implication was that child support isn't classed as a particularly stable source of income.

We're so sick of this whole process now, I feel like the goalposts keep getting moved. One minute we seem to have a reasonable chance, then something comes along and makes us doubt again :(

Edited by doctorbeat
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