Jump to content
doctorbeat

Can child support count as income for I-864?

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

 Share

6 posts in this topic

Recommended Posts

doctorbeat Explorer

doctorbeat   6

Posted
Filed: Country: England
 Timeline
Posted (edited)

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
Anh map Grand Master

Anh map   2,098

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted

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

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

Anh map Grand Master

Anh map   2,098

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted

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

Myopia Rising Star

Myopia   93

Posted
Filed: AOS (apr) Country: United Kingdom
 Timeline
Posted

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?

03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

doctorbeat Explorer

doctorbeat   6

Posted
Filed: Country: England
 Timeline
  • Author
Posted (edited)

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
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...