affidavit of support

[GREEN/TRAN 0]

i have 2 kids ,they dont live with m, if i claim 1 on my tax returns do i stiill have to make 125 percent above poverty guidelines for family of 4????does anyone know for sure??? they are partially dependent but if i dont claim them on my taxes does it matter??

[Mew 0]

How do you count children of a divorced couple who reside with one parent part of the time and with the other parent the other part?

A divorced parent's dependent children are members of his or her household, even if they live part of the time with the former spouse. A parent almost always has a legal obligation to support his or her children. Although only one of the parents may be legally entitled to claim the child as a dependent on tax returns (1040), the child must be considered as part of both parents' households for purposes of the Affidavit of Support, unless a parent can show that he or she no longer has a legal obligation to support the child.

From: http://travel.state.gov/visa/immigrants/in...nfo_1328.html#2 - information regarding I-864, but that is applicable to I-134, I assume.

Also - are you sure they ask for 125%? It should be 100%, unless the embassy/consulate you'll be going through asks for 125%.

Do the same income requirements apply to all immigrant visa applicants even if they use the I-134?

No. The 125 percent minimum income requirement, the need for the most recent year's tax return and other requirements only apply when an I-864 is needed. Applicants using the I-134 will need to show that their sponsor's income is 100 percent of federal poverty guidelines as required under Section 212(a)(4) of the INA.

- http://travel.state.gov/visa/immigrants/info/info_1328.html

[GREEN/TRAN 0]

How do you count children of a divorced couple who reside with one parent part of the time and with the other parent the other part?

A divorced parent's dependent children are members of his or her household, even if they live part of the time with the former spouse. A parent almost always has a legal obligation to support his or her children. Although only one of the parents may be legally entitled to claim the child as a dependent on tax returns (1040), the child must be considered as part of both parents' households for purposes of the Affidavit of Support, unless a parent can show that he or she no longer has a legal obligation to support the child.

From: http://travel.state.gov/visa/immigrants/in...nfo_1328.html#2 - information regarding I-864, but that is applicable to I-134, I assume.

Also - are you sure they ask for 125%? It should be 100%, unless the embassy/consulate you'll be going through asks for 125%.

Do the same income requirements apply to all immigrant visa applicants even if they use the I-134?

No. The 125 percent minimum income requirement, the need for the most recent year's tax return and other requirements only apply when an I-864 is needed. Applicants using the I-134 will need to show that their sponsor's income is 100 percent of federal poverty guidelines as required under Section 212(a)(4) of the INA.

- http://travel.state.gov/visa/immigrants/info/info_1328.html

ok so when is the i-864 used and oh question 8 if i put partailly dependent do i stilll need make enough for 4 people or just me and her?

[Mew 0]

How do you count children of a divorced couple who reside with one parent part of the time and with the other parent the other part?

A divorced parent's dependent children are members of his or her household, even if they live part of the time with the former spouse. A parent almost always has a legal obligation to support his or her children. Although only one of the parents may be legally entitled to claim the child as a dependent on tax returns (1040), the child must be considered as part of both parents' households for purposes of the Affidavit of Support, unless a parent can show that he or she no longer has a legal obligation to support the child.

From: http://travel.state.gov/visa/immigrants/in...nfo_1328.html#2 - information regarding I-864, but that is applicable to I-134, I assume.

Also - are you sure they ask for 125%? It should be 100%, unless the embassy/consulate you'll be going through asks for 125%.

Do the same income requirements apply to all immigrant visa applicants even if they use the I-134?

No. The 125 percent minimum income requirement, the need for the most recent year's tax return and other requirements only apply when an I-864 is needed. Applicants using the I-134 will need to show that their sponsor's income is 100 percent of federal poverty guidelines as required under Section 212(a)(4) of the INA.

- http://travel.state.gov/visa/immigrants/info/info_1328.html

ok so when is the i-864 used and oh question 8 if i put partailly dependent do i stilll need make enough for 4 people or just me and her?

I-864 will be used to adjust status, after the marriage's taken place in the U.S. For the interview at the consulate/embassy, after NOA2 (approval from USCIS), you'll need I-134.

As far as I understand it, you'll have to count your children as part of your household, even if they're only partially dependent, according to the answer found on the link I posted above (see bolded sentences).

And here's a link to the poverty guidelines: http://www.uscis.gov/graphics/formsfee/for...iles/I-864p.pdf

Edited October 3, 2006 by Mew

[Yodrak 7]

GREEN/TRAN,

The consular officer who will process the visa application knows for sure, after they have reviewed the specific information that is provided.

Everyone else is just guessing (unless you have a sufficiently large and stable income that you probably wouldn't be asking the question).

Yodrak

i have 2 kids ,they dont live with m, if i claim 1 on my tax returns do i stiill have to make 125 percent above poverty guidelines for family of 4????does anyone know for sure??? they are partially dependent but if i dont claim them on my taxes does it matter??

[GREEN/TRAN 0]

GREEN/TRAN,

The consular officer who will process the visa application knows for sure, after they have reviewed the specific information that is provided.

Everyone else is just guessing (unless you have a sufficiently large and stable income that you probably wouldn't be asking the question).

Yodrak

i have 2 kids ,they dont live with m, if i claim 1 on my tax returns do i stiill have to make 125 percent above poverty guidelines for family of 4????does anyone know for sure??? they are partially dependent but if i dont claim them on my taxes does it matter??

thanks everyone

[Ladylethal 12]

My father-in-law was our co-sponsor and he put my fiance down as partially dependant, as states his tax return. There were no comments about this.