I-134 Affidavit of Support question.............

[JaiCyn0071 0]

Hello out there in VJ land! Trudging along on our unforgettable Visa Journey and I have a question for the VJ K-1 Guru's regarding the infamous I-134 Affidavit of Support:

If I have shared custody of my 2 children and only have them half of the year, when considering the family size pursuant to the poverty guidelines would they each be considered a member? and if so I would be looking at a family size of four with my Fiance included??? I was hoping since I only have my children 50% of the time they would be considered as one instead of two. Does anyone know the answer to this one? Thanks in advance!

[Nawlinshoney 7]

Although I don't have an answer for your question. If you own a home I believe you can add this to your assets.

[belinda63 3,038]

You have to include both.

[JaiCyn0071 0]

Thank you. I appreciate your response!

[clairegie 265]

Yes, as Kay said on another post, "all minor children will be counted in his household size, no matter where they live, who has custody or who claims them on their taxes"

[JaiCyn0071 0]

Thanks for the info!

[Dave&Roza 748]

Although I don't have an answer for your question. If you own a home I believe you can add this to your assets.

Not if it is the primary residence as they consider this an undue hardship if it is sold.

Do you count the children on your 1040 form as dependents? If yes, then they are member of your household no matter what. Since you are responsible for the children financially or potentially can be totally responsible for them they are counted whether you have custody of them or not if they are under 21 years of age. Typically the rules for the I-864 are used for the I-134 as it will be required to be filed for the adjustment of status (AOS). Have a look at the instructions for the 1-864. You need to be able to pass the income tests for the I-864 at some point during this process so you might as well start now and if your current income cannot support a family of 4 then find a co-sponsor.

Good luck,

Dave

[Zedayn 485]

You MUST include your children on the I-134. There are no exceptions to this. It does not matter if they are claimed on your taxes or even if they live with you. Your household size is 4 including your fiance.

[TBoneTX 45,498]

Duplicate threads merged.

[KayDeeCee 4,893]

Yes, as Kay said on another post, "all minor children will be counted in his household size, no matter where they live, who has custody or who claims them on their taxes"

How to 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,

[JaiCyn0071 0]

Thank you all for your input, however, here is a twist, what if I only claim them every other year on my 1040? Does that matter in this case?

Tbone, thx for merging the posts, I dont know how that happened .

[Zedayn 485]

Thank you all for your input, however, here is a twist, what if I only claim them every other year on my 1040? Does that matter in this case?

Tbone, thx for merging the posts, I dont know how that happened .

It does not matter if you claim them or not. You must include them. You must include "no matter where they live: ... any dependent children under the age of 21" This means it does not matter who has custody, who claims them on taxes, who they live with, etc.

And to avoid confusion with the term "dependent children"...this does not mean who has custody. If your name is on their birth certificate, they are your dependent children until they turn 21.

[KayDeeCee 4,893]

Thank you all for your input, however, here is a twist, what if I only claim them every other year on my 1040? Does that matter in this case?

As was already stated a few times in this thread, It makes no difference if you have joint custody and rotate where they live and who gets to claim them on their taxes. The other parent could have sole custody, and you would never claim them on your taxes, but they still count for your household.

The statement above about how they are counted until 21 is not quite accurate though. Unmarried children that have reached majority/emancipation under the state law where they reside and you no longer support them at all do not need to be counted. If the children are under 18 though, then yes for sure, no matter.

[JaiCyn0071 0]

Thanks again for all your input! VJ ROCKS!