Need help about dependents

[Gaiden79 12]

Hi all, it's been a while but I'm finally ready to start the spousal visa process. I have some things I want to clear up though about dependents. I currently pay child support to my 2 children but they do not live with me nor do I have custody. I just wanted to confirm, will they be included on my I-864 as part of household size? 

 

I just want to see what income I am required to have as a sponsor on an CR-1/IR-1 visa. If they will be counted then I assume my household would be 4 (me, my wife, 2 children)? 

 

I looked up that it's around 32k needed for that. Thanks!

[geowrian 22,335]

All unmarried children under age 21 (or age of majority where they live) must be included. Refer to the I-864 instructions.

[Gaiden79 12]

12 minutes ago, geowrian said:

All unmarried children under age 21 (or age of majority where they live) must be included. Refer to the I-864 instructions.

Thank you!

 

 

[pushbrk 12,094]

Start by becoming and A student of those instructions.  They are quite complete.  AFTER your study, you may have additional questions but this question is answered clearly in those instructions.

[Bengoj 133]

On 4/8/2019 at 8:43 PM, pushbrk said:

Start by becoming and A student of those instructions.  They are quite complete.  AFTER your study, you may have additional questions but this question is answered clearly in those instructions.

My income in 2018 Was 35k. The reason it’s so low for me that year is because of traveling so often to my spouses country. My previous income in 2016 and 2017 is much higher. I have 2 children that live with their father and I don’t pay child support nor do I have custody. Am I able to write a letter with this explanation when I submit my AOS??  

[pushbrk 12,094]

4 hours ago, Gojo said:

My income in 2018 Was 35k. The reason it’s so low for me that year is because of traveling so often to my spouses country. My previous income in 2016 and 2017 is much higher. I have 2 children that live with their father and I don’t pay child support nor do I have custody. Am I able to write a letter with this explanation when I submit my AOS??  

Sure.  But unmarried children under 21 always count in your household regardless of any of that.  What happens if the other natural parent dies tomorrow?

[portorusa 431]

13 hours ago, pushbrk said:

Sure.  But unmarried children under 21 always count in your household regardless of any of that.  What happens if the other natural parent dies tomorrow?

And what about the unmarried children under 21 of the BENEFICIARY? They are STEPchildren of the USC petitioner, and it's CR1 case. Are they counted as members of the household for I-864 if they are NOT immigrating to USA with their parent (and instead stay in the custody of the other parent in their home country)?

[geowrian 22,335]

9 minutes ago, portorusa said:

And what about the unmarried children under 21 of the BENEFICIARY? They are STEPchildren of the USC petitioner, and it's CR1 case. Are they counted as members of the household for I-864 if they are NOT immigrating to USA with their parent (and instead stay in the custody of the other parent in their home country)?

No. Non-immigrating individuals do not require sponsorship. The sponsor has no legal obligation to support them.

Edited April 15, 2019 by geowrian

[pushbrk 12,094]

4 hours ago, portorusa said:

And what about the unmarried children under 21 of the BENEFICIARY? They are STEPchildren of the USC petitioner, and it's CR1 case. Are they counted as members of the household for I-864 if they are NOT immigrating to USA with their parent (and instead stay in the custody of the other parent in their home country)?

Context, context.  The sponsor's natural or adopted children count.  Step children not immigrating do not.