His son

[Mrs5k 2]

Hi everyone,

I'm just going over the affidavit of support, we haven't started our visa journey yet but I'd like to be as informed about everything as possible for when we do start. My fiance (the USC) has a 5 year old son who lives with his sons mother, would he have to count his son into the equation of how much he needs to make per year to sponsor me for the visa?

Thank you in advance.

[Penguin_ie 5,994]

Yes he does- even though the son lives with the mom, and may not be part of your fiance's tax return, he (presumably) pays child support, and the child may become a dependant should custody arrangements change or the mother die.

[Mrs5k 2]

Yes he does- even though the son lives with the mom, and may not be part of your fiance's tax return, he (presumably) pays child support, and the child may become a dependant should custody arrangements change or the mother die.

Thank you very much for this.

[Mrs5k 2]

By the way he doesn't pay child support, his son and mother live close by and he helps with childcare, clothes and day to day things but I suppose that doesn't make a difference in how much he has to make .

[NigeriaorBust 4,087]

Household size are you / him and any person that relies on him for their own needs. This includes any non adult child no matter who they live with/how claims them on the taxes. Partial dependants are usually adult children and parents that need help but could either get governemnt assistance or stop going to school ( in the case of college students ) If the USC has sponsored others they count in the fully dependant catagory.

[payxibka 10,045]

Yes he does- even though the son lives with the mom, and may not be part of your fiance's tax return, he (presumably) pays child support, and the child may become a dependant should custody arrangements change or the mother die.

affidavits are filled out based on the situation TODAY.. so, if the child is dependent on the parent for support then yes the child is included. You do NOT prepare it based on uncertain future events such as the support arrangement changing or the custodial parent dying.

[aaron2020 11,651]

A parent ALWAYS has a legal obligation to provide for minor child unless the parental rights has been terminated. It doesn't matter if there is no child support agreement. It doesn't matter that the child does not live with him. He has a legal obligation to provide for his dependent. Therefore, he must count the child on the Affidavit of Support.

[Mrs5k 2]

Thank you, I just wasn't sure if he needed to be included with me filing a K-1 visa but that's fine I was just a little confused so thank you for clearing it up everyone!

[payxibka 10,045]

A parent ALWAYS has a legal obligation to provide for minor child unless the parental rights has been terminated. It doesn't matter if there is no child support agreement. It doesn't matter that the child does not live with him. He has a legal obligation to provide for his dependent. Therefore, he must count the child on the Affidavit of Support.

morally maybe but the affidavit is not prepared on morality

[Mrs5k 2]

He looks after his son but he is in school in a completely different part of the state which is why he stays with his mother and visits on weekends. The reason I was asking this is that he started a new job and I'm not sure exactly how much he will be making, within the next month or so he will be making enough for 3 people any way but I was just wondering if his son had to be counted on the affidavit of support for the K-1 petition.

[Kajikit 65]

If the child is spending time with him, it's safer to include him in the calculations. If you leave him out, USCIS might call you on it and refuse you. Then you'd have to start all over again and do things the way they wanted you to!

[Mrs5k 2]

Yeah I do agree that it's safer to just include him than to not include him and then it be a problem .