Affidavit of Support I-134

[aws&ndd 103]

Hi, I have some doubts about whether or not I should list my 2 kids as dependents on the I-134 form. I did some investigation on my own, and the way I understand it is, as long as I am legally obligated to support them, then I have to put them down. My situation is, my kids live with my ex (she has custody) and I pay her child support every month. I do not claim them on my taxes. So am I correct in saying that I need to put them on this form? And if so, are they 'wholly dependent' or 'partially', since I don't have custody?

[OZ62 17]

Hi, I have some doubts about whether or not I should list my 2 kids as dependents on the I-134 form. I did some investigation on my own, and the way I understand it is, as long as I am legally obligated to support them, then I have to put them down. My situation is, my kids live with my ex (she has custody) and I pay her child support every month. I do not claim them on my taxes. So am I correct in saying that I need to put them on this form? And if so, are they 'wholly dependent' or 'partially', since I don't have custody?

For what I have read, if you do no claim your kids on your taxes, you do no list them.

[SOflaherty 40]

I would think you would have to list them since you pay child support for them. My understanding is the i-134 is the K-1 counterpart to the i-864 you will have to fill out when doing the adjustment of status, and that one requires you list them as household members so long as you are legally obligated to pay child support, regardless of who claims them on their taxes.

[aws&ndd 103]

Thanks it is what i thought as well!

[Gary and Alla 3,694]

Hi, I have some doubts about whether or not I should list my 2 kids as dependents on the I-134 form. I did some investigation on my own, and the way I understand it is, as long as I am legally obligated to support them, then I have to put them down. My situation is, my kids live with my ex (she has custody) and I pay her child support every month. I do not claim them on my taxes. So am I correct in saying that I need to put them on this form? And if so, are they 'wholly dependent' or 'partially', since I don't have custody?

ALL children count.

ALL

ALL. Unless they are over 21, OR over 18 and emancipated AND not claimed on your taxes. ANY dependent child no matter where they live, no matter who claims them...counts. Not counting them is material fraud and can result in visa denial and a ban.

Read the I-864 instructions which are used as a guide by the consualtes for the I-134 and WILL be used for the AOS.

Which children count? ALL.

Thanks it is what i thought as well!

Not sure who you are thanking, but ALL count. The instructions for the I-864 are here at this website under "sample forms" Refer to "family size" instructions. They are 100% CLEAR and concise on this matter.

[Gary and Alla 3,694]

Thanks it is what i thought as well!

Oh, and ALL are "wholly dependent" the partially dependent listing does not apply to these family based visas. 1 child counts as 1 family member.

Your family size is YOU, your FIANCEE, and ALL children of BOTH you and your fiancee (if any) under age 21 regardless where they live.

Edited April 14, 2012 by Gary and Alla

[KayDeeCee 4,893]

Hi, I have some doubts about whether or not I should list my 2 kids as dependents on the I-134 form. I did some investigation on my own, and the way I understand it is, as long as I am legally obligated to support them, then I have to put them down. My situation is, my kids live with my ex (she has custody) and I pay her child support every month. I do not claim them on my taxes. So am I correct in saying that I need to put them on this form? And if so, are they 'wholly dependent' or 'partially', since I don't have custody?

You have to claim your children if they under 21, no matter if they live with you or not. You are paying child support. They are still your dependents, even if you are not the one to claim them on your taxes.

From the I-864 instructions:

"Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ affidavit of support whom you are still obligated to support."

[aws&ndd 103]

That part was clear, what caused the slight confusion was the part that said "...any other dependents listed on your most recent Federal income tax return" I misunderstood originally that they had to be on my taxes, but I now understand that part to mean extra people claimed on your taxes in addition to your children. I understand now and will be claiming both kids as wholly dependant.

[Gary and Alla 3,694]

That part was clear, what caused the slight confusion was the part that said "...any other dependents listed on your most recent Federal income tax return" I misunderstood originally that they had to be on my taxes, but I now understand that part to mean extra people claimed on your taxes in addition to your children. I understand now and will be claiming both kids as wholly dependant.

Correct. Such as a parent or sibling or adult child who is disabled and that you care for and claim as a dependent.

[bigjailerman 318]

I have a question on this topic as well.

My fiance has a child (11 year old). I have listed them both in section three and I filled out an i134 for each of them..

We also have two children together as well (6 months and 2 years)and they are both dual citizens with the usa, and I also have them listed there as well and in section 8.

My question is do I need to fill out separate i134s for each child. So do I need to fill out i134s for each child individually even thought he ones that dont require a k2?

Edited July 5, 2016 by bigjailerman