i-864 and i-134 question

[payxibka 10,044]

1 hour ago, Trameko38 said:

here is the thing.  I make 35,800 yearly.  It will be me, my fiancé and her 2 children.  I also have a 11 year old son who lives with his mom.  We were never married and she always puts him on her taxes as a dependent.  His mom and I have no child support documents.   I see my son almost everyday but he doesn't live with me.  I make over enough for my fiancé and her 2 kids.  Will they count my son as well?

No, your son will not be included on the affidavit as he is not on your taxes

Edited January 1, 2019 by payxibka

[payxibka 10,044]

1 hour ago, aaron2020 said:

Your son must be included in your household.  It's 5.  

 

The I-864 doesn't work the way you think.  If you don't make enough for a household of 5, then you will need Joint Sponsor for all three immigrants.  You can't just get a JS for one.  You would need to get JS for all three.

The I-864 instructions say to count all children.  

Actually, I think this is incorrect.  You would only include "dependents" in Item 5.  It does not say "children."  A much different definition.

[geowrian 22,335]

Regardless of the minimum income level required for the I-134 or I-864, they will make a decision on the public charge concern based upon a totality of the circumstances. I highly suggest not looking at the minimum levels to determine if you "pass" that requirement or not. there are people who have been refused the visa on public charge grounds while making decently above the minimum levels for their household size...requiring them to get a joint sponsor (or increase their income/assets).

[geowrian 22,335]

1 hour ago, payxibka said:

Actually, I think this is incorrect.  You would only include "dependents" in Item 5.  It does not say "children."  A much different definition.

All dependent children must be included. Per the I-864 instructions, all unmarried children under 21 count as dependent even if you don't have custody of them.

 

"Type or print the number of unmarried children you have who are under 21 years of age, even if you do not have legal custody of these children. You may exclude any unmarried children under 21 years of age, if these children have reached majority under the law of their place of domicile and you do not claim them as dependents on your Federal income tax returns."

Edited January 1, 2019 by geowrian

[payxibka 10,044]

29 minutes ago, geowrian said:

All dependent children must be included. Per the I-864 instructions, all unmarried children under 21 count as dependent even if you don't have custody of them.

 

"Type or print the number of unmarried children you have who are under 21 years of age, even if you do not have legal custody of these children. You may exclude any unmarried children under 21 years of age, if these children have reached majority under the law of their place of domicile and you do not claim them as dependents on your Federal income tax returns."

 

That's dumb.  I guess I filled out the I-864 wrong then

Edited January 1, 2019 by payxibka

[Mieka91 27]

No your child who doesn’t live in your household wouldn’t be included. 

[Scandi 3,970]

13 minutes ago, Mieka91 said:

No your child who doesn’t live in your household wouldn’t be included. 

Yes, it has to be included.

[JoannaV 173]

Where it asks for your current annual income, write what you expect to make in 2019, including overtime.

Have you consistently made just over the required amount each of the past 3+ years? If so that can be a helpful factor, the nearer you are to the guideline the more important to show that it is reliable income.
What will the exact number be on your 2018 tax return?

Will January have an average amount of overtime or do you get most of your overtime at other times of year?
I don't know anything about Kyev, so I don't know if they just look for the 125% or if they really analyze it.