child support

[pieroot 43]

I agree that the children should be counted in the household size since the instructions also ask about partial "dependents", he does provide for them when the children are in his care, as well as the other responses you've received.

How he and his ex-wife claim on their taxes is a different matter. Some divorced parents take turns claiming the children on their taxes. But for this purpose, they do count for the I-134 or the I-864.

[himher 634]

There is another consideration. If you exclude them now, then include them when you have to (the I864 will require you to) then you COULD fall under withholding of material information (household size is material to receiving the benefit) in order to obtain an immigration benefit.

It probably won't matter if your (future) husband's income is enough to cover a household size of 4. It will matter greatly if providing this information would have excluded you from receiving the initial benefit because every immigration benefit is voided from the beginning when this information comes to light.

Is this really something you want to risk? Include them now even if you have to get a co-sponsor.

Edited December 28, 2012 by himher

[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...

Thank you for all your comments. Its a great help. We were confused if we would pursue our K1 petition since he falls short with his income requirement of 4 household. And that US Embassy in Manila doesn't accept co sponsor for K1 visa. He will soon be filing for this year's income tax which is only good for 2 household. We don't want to take the risk of not including his 2 minor children as dependents even if he is not giving child support and claiming taxes from them. Hope you can help us... Thank you very much...

[yett 0]

Thank you for all your comments. Its a great help. We were confused if we would pursue our K1 petition since he falls short with his income requirement of 4 household. And that US Embassy in Manila doesn't accept co sponsor for K1 visa. He will soon be filing for this year's income tax which is only good for 2 household. We don't want to take the risk of not including his 2 minor children as dependents even if he is not giving child support and claiming taxes from them. Hope you can help us... Thank you very much...

[yett 0]

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.

Point noted. Were worried that he falls short in his income requirement which only qualifies for 2 household.

[yett 0]

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?

Yes we are both Pinoy.

[mtcmk1 37]

The children whether he claims them or not on his taxes are his dependents until they are 18 years of age. I would suggest he finds someone who is willing to do a Joint Sponsoring for him and you Good luck!

[NigeriaorBust 4,087]

There is no way to exclude the children until they are 21 , so if your embassy doens't like co sponsors for a K1 you will have to wait until he earns more, the kids grow up or marry and use a co sponsor.

[VanessaTony 3,567]

The children whether he claims them or not on his taxes are his dependents until they are 18 years of age. I would suggest he finds someone who is willing to do a Joint Sponsoring for him and you Good luck!

Not necessarily 18. Depends on the age of majority for their state.

There is no way to exclude the children until they are 21 , so if your embassy doens't like co sponsors for a K1 you will have to wait until he earns more, the kids grow up or marry and use a co sponsor.

Not necessarily 21. Depends on the age of majority for their state.

[Tahoma 2,291]

And that US Embassy in Manila doesn't accept co sponsor for K1 visa.

Yes we are both Pinoy.

The U.S. Embassy Manila accepts joint sponsors in K-1 cases about 50% of the time. In my experience, a Pinoy couple has a better chance of gaining approval using a joint sponsor than does a FilAm couple.

I personally know one Pinoy K-1 couple who were approved using a joint sponsor despite the petitioner having no income whatsoever. I know another Pinoy K-1 couple who were approved using a joint sponsor where the petitioner's income was several thousand dollars below the poverty guideline for their household size.

The following factors will work in your favor:

> Both petitioner and beneficiary are Pinoy.

> The joint sponsor is a close family member of the petitioner, especially if the petitioner is living with their parents and using one of the parents as a joint sponsor.

> You are a younger couple.

> One or both of you are college graduates.

> You have special training or skills.

> The petitioner attends the interview.

[yett 0]

The U.S. Embassy Manila accepts joint sponsors in K-1 cases about 50% of the time. In my experience, a Pinoy couple has a better chance of gaining approval using a joint sponsor than does a FilAm couple.

I personally know one Pinoy K-1 couple who were approved using a joint sponsor despite the petitioner having no income whatsoever. I know another Pinoy K-1 couple who were approved using a joint sponsor where the petitioner's income was several thousand dollars below the poverty guideline for their household size.

The following factors will work in your favor:

> Both petitioner and beneficiary are Pinoy.

> The joint sponsor is a close family member of the petitioner, especially if the petitioner is living with their parents and using one of the parents as a joint sponsor.

> You are a younger couple.

> One or both of you are college graduates.

> You have special training or skills.

> The petitioner attends the interview.

Thank you for sharing... Happy New Year to both of you..

[yett 0]

Since we need to include his two children, will they be considered partially or fully dependents? And why?

As of affidavit of support, what will he declare his gross or net income?

Can he include his tips from his work as income? If yes, how does his employment letter be like since they only put the annual/hourly income?

Which is better to used his savings or checking account to cover his short of income requirement of 4?

Thank you everyone...

[JimVaPhuong 4,863]

Since we need to include his two children, will they be considered partially or fully dependents? And why?

Fully dependent. The question is only relevant for people who might be dependent on the petitioner, but for whom the petitioner has no legal obligation to support. He has a full legal obligation to support his children until they are adults, regardless of whether he actually contributes a nickel to their support.

As of affidavit of support, what will he declare his gross or net income?

Gross income. It's listed as "total income" on a 1040 or 1040A, and "Adjusted Gross Income" on a 1040EZ.

Can he include his tips from his work as income? If yes, how does his employment letter be like since they only put the annual/hourly income?

He can include tips if he declares them on his tax return. Most employers would be reluctant to state an employee's tips on an employment letter. That's not really important. An employment letter is only anecdotal proof of income. They CO will rely on the tax return.

Which is better to used his savings or checking account to cover his short of income requirement of 4?

If he actually has that much money in the bank then it would probably be better if it was in a savings account. He'll need a year's worth of bank statements to prove that he's had the money for more than a few months. A common tactic to try to get around the affidavit of support is to borrow money from a friend or family member and park it temporarily in a bank account to use as declared assets, with the intention that the money will be returned as soon as the affidavit of support has been accepted. The consulates are well aware of this trick. They'll want proof the money is really his.

[yett 0]

Fully dependent. The question is only relevant for people who might be dependent on the petitioner, but for whom the petitioner has no legal obligation to support. He has a full legal obligation to support his children until they are adults, regardless of whether he actually contributes a nickel to their support.

Gross income. It's listed as "total income" on a 1040 or 1040A, and "Adjusted Gross Income" on a 1040EZ.

He can include tips if he declares them on his tax return. Most employers would be reluctant to state an employee's tips on an employment letter. That's not really important. An employment letter is only anecdotal proof of income. They CO will rely on the tax return.

If he actually has that much money in the bank then it would probably be better if it was in a savings account. He'll need a year's worth of bank statements to prove that he's had the money for more than a few months. A common tactic to try to get around the affidavit of support is to borrow money from a friend or family member and park it temporarily in a bank account to use as declared assets, with the intention that the money will be returned as soon as the affidavit of support has been accepted. The consulates are well aware of this trick. They'll want proof the money is really his.

Thank you for your helpful response. As with dependents, he doesnt pay child support and doesnt claim taxes from his kids. Will they still be considered as fully dependents or partially?

As of his money in his bank,he just had opened his savings account last June 2012. Can he also adds his checking account?

[LIFE'SJOURNEY 970]

Thank you for your helpful response. As with dependents, he doesnt pay child support and doesnt claim taxes from his kids. Will they still be considered as fully dependents or partially?

As of his money in his bank,he just had opened his savings account last June 2012. Can he also adds his checking account?

It doesn't matter what he does or donot do regarding the children, according to the laws in the US he the father will always be considered their full finanical responsibility, unless the courts deemed it otherwise.

I believe that you have been given some soft information regarding this aspect and you are finding it hard to understand that these children will always be his finanical responsibility,

Just be prepare for this going forward in life.

A checking account will not count, becase money in a checking account is used for daily living expenses, so the checking account amount moves on a daily basis.