Confussed about afadavit of support I-864

[Tony Y Mari 6]

Well everybody on here tells me that I have to add my children who live with thir mother and I pay child support for on the I-864 as household dependents. And when I called the NVC the lady said I dont have to add them because they dont live with me AND they are NOT on my tax returns.. So now im confused on what to believe.. Anybody have the correct awnser because im getting ready to fill the I-864 out.. Thanks

[MIBEN 83]

They are not in your custody thus not in your household count and you are correct since you don't claim them on your tax return they are not your dependents. Don't include them the affidavit of support has to match the tax return.

[reese1 68]

Well everybody on here tells me that I have to add my children who live with thir mother and I pay child support for on the I-864 as household dependents. And when I called the NVC the lady said I dont have to add them because they dont live with me AND they are NOT on my tax returns.. So now im confused on what to believe.. Anybody have the correct awnser because im getting ready to fill the I-864 out.. Thanks

IMO I do not see them as being dependents in the way form I-864 asks. Yes they are your children and yes you pay state ordered child support, but if you were ordered to pay alimony to an ex-wife you would not include her as a dependent. Your children don't live with you, and most likely you can't claim them on your taxes, and even if you paid the same amount in support to the mother however was not ordered to do so by the courts would you add them to the form as household dependents, no. The guidelines state HOUSEHOLD size. I say go with what the NVC told you. Best of luck to you!

http://www.uscis.gov/files/form/i-864instr.pdf

[himher 634]

The instructions section 21D on page 7 specifically state that you list ALL of YOUR unmarried children under 21 even if you do not have legal custody.

This is "material" information used in determination of benefit eligibility. Omit this and risk the whole file up to and including citizenship

Edited November 17, 2012 by himher

[himher 634]

That is not what the instructions say.

Please to not give inaccurate immigration advice especially advice on ommission of material information on an immigration form.

They are not in your custody thus not in your household count and you are correct since you don't claim them on your tax return they are not your dependents. Don't include them the affidavit of support has to match the tax return.

[reese1 68]

The instructions section 21D on page 7 specifically state that you list ALL of YOUR unmarried children under 21 even if you do not have legal custody.

This is "material" information used in determination of benefit eligibility. Omit this and risk the whole file up to and including citizenship

I stand corrected, seems even the NVC gives misinformation on the process. This is why it is always best to ask, research, and research again.

Edited November 17, 2012 by reese1

[himher 634]

There is always a possibility that they are setting this couple up.

An embassy IO would probably jump on this like a shark on a wounded fish.

[MIBEN 83]

That is not what the instructions say.

Please to not give inaccurate immigration advice especially advice on ommission of material information on an immigration form.

I stand corrected and I apologize you do have to count them and I can only speak for myself but no one is trying to set the couple up that is a horrible implication.

Good luck on your journey.

[Tony Y Mari 6]

Thanks guys Im gonna add them to be on the safe side and use my father as the co sponsor he will qulify with his current income (retirement & Social security benefit) because I dont with my income. And im wondering why NVC will give me the wrong information now. Hmmmmmm

[reese1 68]

Thanks guys Im gonna add them to be on the safe side and use my father as the co sponsor he will qulify with his current income (retirement & Social security benefit) because I dont with my income. And im wondering why NVC will give me the wrong information now. Hmmmmmm

[/quote

The agent you spoke with may have came to the same rationalization that I and some of the other poster did, not fully reading over or understanding the form. However they SHOULD know better. So you have learned one valuable lesson in this process even the so called experts can be wrong...Thank goodness for VJ!

Edited November 17, 2012 by reese1

[KayDeeCee 4,892]

Minor children are counted in your household size no matter which parent claims them on their taxes and no matter where they live.

From the I-864 instructions (see Page 2 and Page 7> 21d for all the details):

How Do I Count Household Size?

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.