125% poverty level question

[tommy_melissa 0]

Hello everyone,me and my fiance was discussing about the 125% poverty level and we're confused how it works for us including his twins. It is $27,937 for a family of four. He said he is making 125% but he is just worried about paying child support,have student loans because he is studying right now (mastering Bachelors of Nursing) so he was telling me that he will include his dad for co-sponsor so that no questions asked, but base on what I read from different cases here on VJ was everything will be fine even he has a child support or even a student loan as long as he is making 125%? Is this correct? I need your help,I mean what is the point having a co-sponsor it will be just complicated because some CO here in the Philippines doesn't accept c0-sponsor. I'm confused please enlighten me so I can discuss him about this. Thank you in advance for all your response.

[extremerecluse 32]

Hello everyone,me and my fiance was discussing about the 125% poverty level and we're confused how it works for us including his twins. It is $27,937 for a family of four. He said he is making 125% but he is just worried about paying child support,have student loans because he is studying right now (mastering Bachelors of Nursing) so he was telling me that he will include his dad for co-sponsor so that no questions asked, but base on what I read from different cases here on VJ was everything will be fine even he has a child support or even a student loan as long as he is making 125%? Is this correct? I need your help,I mean what is the point having a co-sponsor it will be just complicated because some CO here in the Philippines doesn't accept c0-sponsor. I'm confused please enlighten me so I can discuss him about this. Thank you in advance for all your response.

Whatever outstanding loans he has will have no bearing on the I-134. The CO will look at his tax return, W2 and maybe the employer letter and find total number of dependents to include the fiance (4) and bounce this off the poverty guidelines sheet he will have posted on the wall. 125% is the magic number.

[tommy_melissa 0]

Whatever outstanding loans he has will have no bearing on the I-134. The CO will look at his tax return, W2 and maybe the employer letter and find total number of dependents to include the fiance (4) and bounce this off the poverty guidelines sheet he will have posted on the wall. 125% is the magic number.

Thank You for the info..

[Haarp425 26]

Hello everyone,me and my fiance was discussing about the 125% poverty level and we're confused how it works for us including his twins. It is $27,937 for a family of four. He said he is making 125% but he is just worried about paying child support,have student loans because he is studying right now (mastering Bachelors of Nursing) so he was telling me that he will include his dad for co-sponsor so that no questions asked, but base on what I read from different cases here on VJ was everything will be fine even he has a child support or even a student loan as long as he is making 125%? Is this correct? I need your help,I mean what is the point having a co-sponsor it will be just complicated because some CO here in the Philippines doesn't accept c0-sponsor. I'm confused please enlighten me so I can discuss him about this. Thank you in advance for all your response.

Is he making over $27,937 annual income to support household size of 4? If so, then he meets the 2011 Poverty Guidelines. Student loan is not part of household size LOL

I just want to clarify here because you mention he is paying child support. Does it mean that aside from the twins he got, he also have another children where he is paying child support? If so, those kids he is paying child support must be included in his household size for the purpose of Affidavit of Support. Calculating Household Size includes dependent children where you have custody and children who you don't have custody because you are paying child support. If his twins is what he is paying child support for then his household size is 4 including you and the twins he is paying for child support.

Edited March 14, 2011 by Haarp425

[NigeriaorBust 4,087]

House hold size for the petitioner include the petitioner , the beneficiary, any minor children they have, any children from prior relationships the petitioner is obligated to pay support for OR that live with him and any people the petitioner also signed I 864's for if they are still in effect.

[pushbrk 12,975]

House hold size for the petitioner include the petitioner , the beneficiary, any minor children they have, any children from prior relationships the petitioner is obligated to pay support for OR that live with him and any people the petitioner also signed I 864's for if they are still in effect.

The bold above is not correct. All children of the petitioner count in the household size whether the petitioner is currently obligated to pay support or not.

[payxibka 10,045]

moving thread to:

US Embassy and Consulate Discussion

This is the place to post your experiences or questions related to this last step before moving to the US. Topics relating to I-134's, packets sent from consulate and medical & police certificates should be posted here.

[NigeriaorBust 4,087]

The bold above is not correct. All children of the petitioner count in the household size whether the petitioner is currently obligated to pay support or not.

Wrong you don't have to included adult or emanicipated children.

[extremerecluse 32]

The bold above is not correct. All children of the petitioner count in the household size whether the petitioner is currently obligated to pay support or not.

I have four stepchildren who are in their 30's and are citizens. I sponsored them in 1984. I also have a biological 24 y/o son who is independent. What would be my requirements on the I-134?

[pushbrk 12,975]

Wrong you don't have to included adult or emanicipated children.

An adult isn't a child. I wouldn't be so sure about an emancipated child either. They tend to become unemancipated over night.

[pushbrk 12,975]

I have four stepchildren who are in their 30's and are citizens. I sponsored them in 1984. I also have a biological 24 y/o son who is independent. What would be my requirements on the I-134?

None of the above mentioned people would count as part of your household as none are children and those previously sponsored are now US Citizens. However, you would indicate, where asked, that you previously sponsored the four step children and ALSO indicate they are now US Citizens. For the I-134, you never actually state your household size like you do on the I-864. You answer questions and the Consular officer does the calculations. Make sure they have enough information to avoid counting the four previously sponsored immigrants.

[NigeriaorBust 4,087]

An adult isn't a child. I wouldn't be so sure about an emancipated child either. They tend to become unemancipated over night.

Once emmancipated you are never obligated to provide for them again. A child is someone that you gave birth to. No matter their ages I will always be the parent and they will always be my children.

[JimVaPhuong 4,863]

Once emmancipated you are never obligated to provide for them again. A child is someone that you gave birth to. No matter their ages I will always be the parent and they will always be my children.

In immigration law they are "children" if they are under 21, and "sons and daughters" if they are 21 or over.

[pushbrk 12,975]

In immigration law they are "children" if they are under 21, and "sons and daughters" if they are 21 or over.

Exactly, but there are forms that ask you to list "all children..." when what they want is all sons and daughters. The I-864 doesn't make a distinction for emancipation, moved out two years ago and has a full time job or anything else. That's where the under 21 comes in.

For purposes of Affidavits of support, if the offspring is under 21, you count them. Though the I-134 doesn't ask the same question the same way, Consular officers can ask anything they want. If they ask the beneficiary how many children the petitioner has and their ages, expect them to count each and every one of them under 21 in their own calculation of household size.

[tommy_melissa 0]

Is he making over $27,937 annual income to support household size of 4? If so, then he meets the 2011 Poverty Guidelines. Student loan is not part of household size LOL

I just want to clarify here because you mention he is paying child support. Does it mean that aside from the twins he got, he also have another children where he is paying child support? If so, those kids he is paying child support must be included in his household size for the purpose of Affidavit of Support. Calculating Household Size includes dependent children where you have custody and children who you don't have custody because you are paying child support. If his twins is what he is paying child support for then his household size is 4 including you and the twins he is paying for child support.

Thank you,I don't know about all this,that is why I am confused though.. Only the twins he is paying for the child support. So it's just household for 4. Yes he is making 125%,but the thing is, he is insisting to have a co-sponsor to make sure everything will be fine.. And it really doesn't make sense at all I believe. I am telling him over and over as long as he have it then no need. He told me, I will just leave it to him and everything will be fine. Well, I guess he just want to make sure no questions at all when it comes to affidavit of support..