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Posted

I've been reading a couple of threads now and I couldn't seem to find anything that relates to our case. I hope somebody can help me out here even though this would seem like a long post. We are starting to gather documents for the petition. I understand that my fiance's proof of income, affidavit of support, etc would come up at a later stage if and when the petition gets approved. However, I'm a little bit worried at this point because of his income. For the past 2 years, he is under the poverty guideline. But he got a job November of last year which pays more and it'll meet the requirement. Is it enough to provide his employment letter stating his wages and pay stubs? What else can we gather to provide sufficient proof that meets the guideline?

Also, he has a daughter from a previous relationship. He wasn't listed on the birth certificate. They were never married and his ex-gf at the time married someone else. My fiance was paying child support but he later waived his parental rights as his ex was moving out of state and the new husband wanted to adopt the daughter. This happened like 3 years ago. Now my fiance is still paying some back child support that he'll be paying in full before March. My question is... will the daughter still count as his dependent making the size of family 3 instead of 2?

I'll appreciate any feedback or comments you can give. Thanks in advance! And sorry again for the lengthy post.

=To God Be The Glory =

DCF for CR1
02-23-2016 Filed I- 130 @ US Embassy Manila
03-03-2016 NOA 2
03-04-2016 Received MNL Case Number
04-04-2016 Interview (Approved!) Visa ISSUED the same day
04-06-2016 Visa on hand! Picked up from 2Go MOA @ 5:30 PM
04-11-2016 POE @ Minneapolis, MN

05-12-2016 Received SSN

07-07-2016 Greencard arrived!

 

ROC

01-11-2018 ROC window opens

01-13-2018 Mailed ROC application to CSC

01-26-2018 Received NOA (dated: 01/22) 

05-24-2018 Biometrics 

01-23-2019 i751 Approved 

01-31-2019  10 Year Greencard arrived! 

 

N400

03-16-2019 Submitted application online

03-16-2019 NOA1

04-09-2019 Biometrics 

11-13-2019 Interview, approved 

12-04-2019 Oath taking. I'm now a naturalized US Citizen. 

 

=It Always Seems Impossible Until It's Done=

Filed: K-1 Visa Country: Hungary
Timeline
Posted

I don't think your fiance's daughter counts as a dependent.

Not only does he not have custody but he's given up his parental rights so I don't think anyone can make the argument that she is.

The back child support is just like any other money owed. Still needs to get taken care of but shouldn't count against his income for this purpose.

~

"Patience is bitter, but the fruit is sweet."

12/09/14 - I-129F Application Sent

12/11/14 - NOA1 - TSC

Posted

I've been reading a couple of threads now and I couldn't seem to find anything that relates to our case. I hope somebody can help me out here even though this would seem like a long post. We are starting to gather documents for the petition. I understand that my fiance's proof of income, affidavit of support, etc would come up at a later stage if and when the petition gets approved. However, I'm a little bit worried at this point because of his income. For the past 2 years, he is under the poverty guideline. But he got a job November of last year which pays more and it'll meet the requirement. Is it enough to provide his employment letter stating his wages and pay stubs? What else can we gather to provide sufficient proof that meets the guideline?

Also, he has a daughter from a previous relationship. He wasn't listed on the birth certificate. They were never married and his ex-gf at the time married someone else. My fiance was paying child support but he later waived his parental rights as his ex was moving out of state and the new husband wanted to adopt the daughter. This happened like 3 years ago. Now my fiance is still paying some back child support that he'll be paying in full before March. My question is... will the daughter still count as his dependent making the size of family 3 instead of 2?

I'll appreciate any feedback or comments you can give. Thanks in advance! And sorry again for the lengthy post.

When you have the embassy interview, just bring the I-134, most recent year tax return, employment letter and a few pay stubs. This should be sufficient as current income is key.

Also, in regards to your fiancé's biological daughter, the fact that your fiancé is not listed on her birth certificate AND coupled with the fact that he not only gave up his parental rights but the mother's new husband will adopt her, I don't think she needs to be counted.

Back child support is just a debt, and debts are not considered at all in the process.

K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;  Interview Waiver Letter:  01/02/2015;  

RFE:  07/09/2015;  Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

NOA1:  05/24/2017;  Biometrics:  06/13/2017;  Approved without interview:  09/05/2018;  10 Yr Green card Received:  09/13/2018

 

Naturalization

08/09/2020 -- Filed N-400 online

08/09/2020 -- NOA1 date

08/11/2020 -- NOA1 received in the mail

12/30/2020 -- Received notice online that an interview was scheduled

02/11/2021 -- Interview

Posted

Many thanks for the help! So the daughter was adopted in 2012, so there is no need for any documentation about this, right?

=To God Be The Glory =

DCF for CR1
02-23-2016 Filed I- 130 @ US Embassy Manila
03-03-2016 NOA 2
03-04-2016 Received MNL Case Number
04-04-2016 Interview (Approved!) Visa ISSUED the same day
04-06-2016 Visa on hand! Picked up from 2Go MOA @ 5:30 PM
04-11-2016 POE @ Minneapolis, MN

05-12-2016 Received SSN

07-07-2016 Greencard arrived!

 

ROC

01-11-2018 ROC window opens

01-13-2018 Mailed ROC application to CSC

01-26-2018 Received NOA (dated: 01/22) 

05-24-2018 Biometrics 

01-23-2019 i751 Approved 

01-31-2019  10 Year Greencard arrived! 

 

N400

03-16-2019 Submitted application online

03-16-2019 NOA1

04-09-2019 Biometrics 

11-13-2019 Interview, approved 

12-04-2019 Oath taking. I'm now a naturalized US Citizen. 

 

=It Always Seems Impossible Until It's Done=

 
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