RFE for affidavit of support ...please help

[SalishSea 16,806]

Just now, ujones said:

It’s beneficiary payment off of my records. 

So the money is actually your child's income, not yours?

[ujones 148]

7 minutes ago, Jorgedig said:

So the money is actually your child's income, not yours?

A portion of my total household income is in my name but it’s beneficiary payment for minor dependant .. so it’s counted as their income even though when it comes to household income it gets counted .. 

[SalishSea 16,806]

2 hours ago, ujones said:

A portion of my total household income is in my name but it’s beneficiary payment for minor dependant .. so it’s counted as their income even though when it comes to household income it gets counted .. 

I wonder if this income was not considered for the public charge?  As presumably it will not continue after your child turns 18?

[ujones 148]

15 minutes ago, Jorgedig said:

I wonder if this income was not considered for the public charge?  As presumably it will not continue after your child turns 18?

If they don’t count child support then I guess they may not count this either. But even then my savings & assets in total is much above the required the amount. @Jorgedig do you know any acceptable link that shows USCIS approved income sources ? I’m thinking of sending a copy if I can find it just in case if the officer is not sure abt counting SSDI towards approved income 

Edited December 10, 2019 by ujones

[SalishSea 16,806]

2 minutes ago, ujones said:

If they don’t count child support then I guess they may not count this either. But even then my savings & assets in total is much above the required the amount. 

Okay, so what evidence of the cash deposits did you provide?  And for what time period?

[SalishSea 16,806]

3 minutes ago, ujones said:

@Jorgedig do you know any acceptable link that shows USCIS approved income sources ? I’m thinking of sending a copy if I can find it just in case if the officer is not sure abt counting SSDI towards approved income 

Good question.  I would doubt such a list exists, as there is some subjectivity for the adjudicating officer involved.  Maybe one of the others I mentioned earlier will know.

 

Just curious, what provisions have you made for your spouse's health insurance?

[ujones 148]

47 minutes ago, Jorgedig said:

Good question.  I would doubt such a list exists, as there is some subjectivity for the adjudicating officer involved.  Maybe one of the others I mentioned earlier will know.

 

Just curious, what provisions have you made for your spouse's health insurance?

Had short term till last month now trying  to buy thru marketplace. 

Edited December 10, 2019 by ujones

[Duke & Marie 1,389]

2 hours ago, ujones said:

If they don’t count child support then I guess they may not count this either. But even then my savings & assets in total is much above the required the amount. @Jorgedig do you know any acceptable link that shows USCIS approved income sources ? I’m thinking of sending a copy if I can find it just in case if the officer is not sure abt counting SSDI towards approved income 

They will not include child support payment... child support is provided to you to assist in the support of your children by your ex spouse, it is not for reallocation to support your new spouse. 

 

Same with regard to assets, income or other in child’s name, technically it’s not yours  to use... it’s the child’s and they are not sponsoring your spouse, you are

Edited December 10, 2019 by Duke & Marie

[debbiedoo 2,339]

your childs social security income should not be listed on your taxes nor counted as your income. my sons father passed away 4 years ago almost and it is not my income. it is his income. it is not filed on my taxes at all.

 

that and the child support make me think you really need to find a joint sponsor. Neither is intended for you, but for the child, and will end once the child reaches 18.

[ujones 148]

38 minutes ago, debbiedoo said:

your childs social security income should not be listed on your taxes nor counted as your income. my sons father passed away 4 years ago almost and it is not my income. it is his income. it is not filed on my taxes at all.

 

that and the child support make me think you really need to find a joint sponsor. Neither is intended for you, but for the child, and will end once the child reaches 18.

That make sense. But if I’m short of income all I need to show is 5 times that as assets right ? Is it 5 times or 3?

[debbiedoo 2,339]

Just now, ujones said:

That make sense. But if I’m short of income all I need to show is 5 times that as assets right ? Is it 5 times or 3?

thats a rule im not certain of, since I did not use my assets at all. I think someone mentioned it on this thread in a previous reply, though.

[ujones 148]

26 minutes ago, debbiedoo said:

thats a rule im not certain of, since I did not use my assets at all. I think someone mentioned it on this thread in a previous reply, though.

@debbiedoo Thankyou for the info. I did do some research & what you said on beneficiary payment seems right as they are not 18 yrs above. But @Duke & Marie the information you said seems to be wrong as child support is counted as income .. sre article below 

The State Department interprets “income” for purposes of the affidavit of support to be “total unadjusted income as shown on the tax return, before deductions.” Foreign Affairs Manual (FAM) 40.41 N5.5. Income includes salary and any monetary gains from any source, including the following:

• Interest income and dividends
• Alimony
• Child support
• Retirement benefits
• Rent
• Unemployment compensation
• Workers’ compensation or other similar benefits, and
• Any other benefits that the sponsor has received that must be included as taxable income “ Cilinicallegal.0rg. 
  Our group is a great source of information & go to group for many including myself. So before you say something undoubtedly we should make sure that information is right. Otherwise it’s misleading people. Thanks everyone for all your help. I’m definitely consulting a lawyer just to be on the safe side & will update as there’s going to be someone in my shoes looking for info here sometime in the future 

[Duke & Marie 1,389]

2 minutes ago, ujones said:

@debbiedoo Thankyou for the info. I did do some research & what you said on beneficiary payment seems right as they are not 18 yrs above. But @Duke & Marie the information you said seems to be wrong as child support is counted as income .. sre article below 

The State Department interprets “income” for purposes of the affidavit of support to be “total unadjusted income as shown on the tax return, before deductions.” Foreign Affairs Manual (FAM) 40.41 N5.5. Income includes salary and any monetary gains from any source, including the following:

• Interest income and dividends
• Alimony
• Child support
• Retirement benefits
• Rent
• Unemployment compensation
• Workers’ compensation or other similar benefits, and
• Any other benefits that the sponsor has received that must be included as taxable income “ Cilinicallegal.0rg. 
  Our group is a great source of information & go to group for many including myself. So before you say something undoubtedly we should make sure that information is right. Otherwise it’s misleading people. Thanks everyone for all your help. I’m definitely consulting a lawyer just to be on the safe side & will update as there’s going to be someone in my shoes looking for info here sometime in the future 

I’m extremely surprised they permit you to use child support (paid to you, to support your children), to be counted as finances available to support your new spouse.. 

 

if I was paying child support and found out the money provided to care for my kids was being used for something like that, I’d be seriously annoyed and seek legal advise to prevent it.. 

[ujones 148]

21 minutes ago, Duke & Marie said:

I’m extremely surprised they permit you to use child support (paid to you, to support your children), to be counted as finances available to support your new spouse.. 

 

if I was paying child support and found out the money provided to care for my kids was being used for something like that, I’d be seriously annoyed and seek legal advise to prevent it.. 

@Duke & Marie I understand your thinking & that’s ur freedom but FYI  when someone is looking for “facts” we should not be giving out assumptions based on our thoughts as a definite answer. 

[Duke & Marie 1,389]

9 minutes ago, ujones said:

@Duke & Marie I understand your thinking & that’s ur freedom but FYI  when someone is looking for “facts” we should not be giving out assumptions based on our thoughts as a definite answer. 

If your looking for FACT, then I recommend finding your own evidence by reading relevant documentation issued by DOS, only then are you able to confirm it as fact, other than that, your only getting people’s interpretation of the requirements. 

 

And while you might think it’s funny, yes, I firmly believe that child support is paid to support the child and that it’s reallocation and use to support a new spouse as part of the immigration process is morally wrong and I’m pretty sure family law courts would agree. 

Edited December 10, 2019 by Duke & Marie