child support

[yett 0]

Hello everyone. Me and my fiance have started to file our K1 visa. We have some questions regarding Affidavit of Support. How to know how many household does my fiance must declare? My fiance has 2 children and he is not giving child support to them since it was being agreed by him and his ex wife. In addition, he is not claiming taxes from his kids. In their divorce papers, it was stated that Both parties agree to provide food, clothing, shelter, money, transportation and other financial needs of the children during their respective periods of possession. Will he be qualified for 2 household (me and him) or 4 household (me, him and 2 kids)? We are worried since his income falls only for 2? Shall he declare his kids as dependents or not? Thank you very much...

[LIFE'SJOURNEY 970]

HE MUST declare his kids, therefore the household is 4. It will always be 3 for him plus 1 if you are part of the household. Until the kids are 18 or 21.

[d and c 2]

Hmm... Not sure if they'll count his children as dependents because on the I134 form, they ask to list the children. So not sure. Maybe someone will know.

[Love's JAA 100]

Hello everyone. Me and my fiance have started to file our K1 visa. We have some questions regarding Affidavit of Support. How to know how many household does my fiance must declare? My fiance has 2 children and he is not giving child support to them since it was being agreed by him and his ex wife. In addition, he is not claiming taxes from his kids. In their divorce papers, it was stated that Both parties agree to provide food, clothing, shelter, money, transportation and other financial needs of the children during their respective periods of possession. Will he be qualified for 2 household (me and him) or 4 household (me, him and 2 kids)? We are worried since his income falls only for 2? Shall he declare his kids as dependents or not? Thank you very much...

According to the instructions for line 21d of I-864, you must enter the number of unmarried children you have under age 21 even if you don't have legal custody. You may exclude children under 21 if they have reached the age of majority under the law in your place of domicile and you do not claim them as dependents on your tax return.

However, anyone that you provide support for and claim on your tax return, even if are not legally obligated to support you must also count on the I-864.

[baron555 934]

According to the instructions for line 21d of I-864, you must enter the number of unmarried children you have under age 21 even if you don't have legal custody. You may exclude children under 21 if they have reached the age of majority under the law in your place of domicile and you do not claim them as dependents on your tax return.

However, anyone that you provide support for and claim on your tax return, even if are not legally obligated to support you must also count on the I-864.

The OP is asking about the 134 form, not the 864 form (that does come later during AOS).

Hmm... Not sure if they'll count his children as dependents because on the I134 form, they ask to list the children. So not sure. Maybe someone will know.

No it doesn't. I just looked. It only asks to list any whole or partial dependents. Since he pays no child support (food, etc during visits doesn't count) and he doesn't claim them on his taxes, they are not dependent on him and therefore do not need to be listed.

They do not count in the household size.

[Love's JAA 100]

The OP is asking about the 134 form, not the 864 form (that does come later during AOS).

No it doesn't. I just looked. It only asks to list any whole or partial dependents. Since he pays no child support (food, etc during visits doesn't count) and he doesn't claim them on his taxes, they are not dependent on him and therefore do not need to be listed.

They do not count in the household size.

"In their divorce papers, it was stated that Both parties agree to provide food, clothing, shelter, money, transportation and other financial needs of the children during their respective periods of possession."

That is more obligation than giving the kid a hotdog when he comes over. How can you say they are not dependent? He is under a court ordered agreement to provide for their needs while in his possession. Why is only child support order mean they are dependents? That is erroneous. If he doesn't provide for them under this agreement, he will be in breach and his ex can go back to court and get a support order I would be quite certain. That's why I listed the I-864 instructions. It makes it more clear. I am sure the I-134 and I-864 requirements have to parallel since you will have to meet the I-864 very soon. Sure would feel sad if you you did not list them on the one and then get shot down at the later more crucial step. Some consulates follow the I-864 guidelines anyhow.

[wilfon 30]

"In their divorce papers, it was stated that Both parties agree to provide food, clothing, shelter, money, transportation and other financial needs of the children during their respective periods of possession."

That is more obligation than giving the kid a hotdog when he comes over. How can you say they are not dependent? He is under a court ordered agreement to provide for their needs while in his possession. Why is only child support order mean they are dependents? That is erroneous. If he doesn't provide for them under this agreement, he will be in breach and his ex can go back to court and get a support order I would be quite certain. That's why I listed the I-864 instructions. It makes it more clear. I am sure the I-134 and I-864 requirements have to parallel since you will have to meet the I-864 very soon. Sure would feel sad if you you did not list them on the one and then get shot down at the later more crucial step. Some consulates follow the I-864 guidelines anyhow.

I would believe that they are not to be counted, they are not claimed on his taxes and he doesn't have an order of child support. I have two children that live with me and I claim them on my taxes and they are included in our household count. Just my thought, I could very well be wrong. Hopefully someone who is an expert can help out. Good luck to you.

Edited December 27, 2012 by wilfon

[baron555 934]

"In their divorce papers, it was stated that Both parties agree to provide food, clothing, shelter, money, transportation and other financial needs of the children during their respective periods of possession."

That is more obligation than giving the kid a hotdog when he comes over. How can you say they are not dependent? He is under a court ordered agreement to provide for their needs while in his possession. Why is only child support order mean they are dependents? That is erroneous. If he doesn't provide for them under this agreement, he will be in breach and his ex can go back to court and get a support order I would be quite certain. That's why I listed the I-864 instructions. It makes it more clear. I am sure the I-134 and I-864 requirements have to parallel since you will have to meet the I-864 very soon. Sure would feel sad if you you did not list them on the one and then get shot down at the later more crucial step. Some consulates follow the I-864 guidelines anyhow.

I think most parents pay for everything for their children when they have visitation rights......this OP's divorce decree does not dictate any regular paid child support therefore they are not dependent.

You fill out the 134 form as it requires and then you fill it the 864 as it requires...the 864 has more information to provide. The divorce decree says not child support therefore they are not dependent.

[Tahoma 2,292]

At your interview, the U.S. Embassy Manila (USEM) will require you to submit your fiancé's I-134. However, the USEM will use the guidelines from the I-864. Therefore, he will need to list his two minor children, and his income will need to exceed 125% of the poverty line for a household size of four.

Since his income falls below the guidelines, some options are:

> Make up the difference in income with liquid assets at a 3:1 ratio.

> Increase his income before your interview. Get a better-paying job, or a part-time job.

> Take the risk of trying to have a joint sponsor accepted at the USEM which, at best, is a 50/50 proposition.

> He can attend your interview. I believe it helps.

Are you both Pinoy? Ages?

[NigeriaorBust 4,087]

He must cliam them as fully dependant. So your household size is 4. If he doens't make enough money then he needs a co sponsor. Wishing that they didn't count will only cause you issues because you will find that do count and then have to rush to make up the difference. Until they are emanicipated or 21 they are fully dependant even if he never sees them, pays no support and doesn't claim them. Should the bio mother die suddenly he would then have them and that is why he can't ignore them.

[VanessaTony 3,567]

I think most parents pay for everything for their children when they have visitation rights......this OP's divorce decree does not dictate any regular paid child support therefore they are not dependent.

You fill out the 134 form as it requires and then you fill it the 864 as it requires...the 864 has more information to provide. The divorce decree says not child support therefore they are not dependent.

Incorrect. The children are considered dependents for both the I-134 AND I-864. The decree is irrelevant to dependent issue. If (god forbid) something happens to the mother, the children would be dependent on him given their age. Until they would no longer be dependent on him (by reaching the age of majority in their state) then they children ARE considered dependents.

[KayDeeCee 4,893]

You fill out the 134 form as it requires and then you fill it the 864 as it requires...the 864 has more information to provide. The divorce decree says not child support therefore they are not dependent.

Not true. All minor children are dependents and counted in the household size. It does not matter where they live, which parent files for them on their taxes, or if they pay child support or not.

[baron555 934]

Incorrect. The children are considered dependents for both the I-134 AND I-864. The decree is irrelevant to dependent issue. If (god forbid) something happens to the mother, the children would be dependent on him given their age. Until they would no longer be dependent on him (by reaching the age of majority in their state) then they children ARE considered dependents.

That makes sense.

[hamigirl710 112]

I know from experience that the children count even if they do not live with you. He will need to count them. My ex husband has a pending petition and so do I (kids live with me) and we both have to count the children as dependants.

[aws&ndd 103]

Incorrect. The children are considered dependents for both the I-134 AND I-864. The decree is irrelevant to dependent issue. If (god forbid) something happens to the mother, the children would be dependent on him given their age. Until they would no longer be dependent on him (by reaching the age of majority in their state) then they children ARE considered dependents.

This is the best explanation to explain why you need to claim your children regardless of whether they live with you or if you pay child support. Because you will be responsible for their care if something happens to the mother. So yes you need to claim them.