affidavit of support pls help

[kayceeandtim 0]

hello..my fiancee and i are having problem with my income and tax return..my 06,07 tax return was below poverty guidelines,then my 2008 was i become a dependent on my stepdad tax return because i go to school..fe filed the petition last feb09.i got a new job last april09.,i got an employment letter stating that i earn almost $28,300 a year..the problem is..i got 3 kids from my ex wife who is from mexico,we divorced last nov2008..And my ex has the full custody of my kids,so means my ex has the full right of them,,they were not included also on my recent tax return,i do live alone,but i do give for the child support..will they still be included on my household?my fiancee interview is so soon so were freaking out about my tax return and income and we hear that they do not accept co sponsor

[Otto 83]

hello..my fiancee and i are having problem with my income and tax return..my 06,07 tax return was below poverty guidelines,then my 2008 was i become a dependent on my stepdad tax return because i go to school..fe filed the petition last feb09.i got a new job last april09.,i got an employment letter stating that i earn almost $28,300 a year..the problem is..i got 3 kids from my ex wife who is from mexico,we divorced last nov2008..And my ex has the full custody of my kids,so means my ex has the full right of them,,they were not included also on my recent tax return,i do live alone,but i do give for the child support..will they still be included on my household?my fiancee interview is so soon so were freaking out about my tax return and income

The Embassy/Consulate will look at your most recent proof of employment/income - so your pay stubs and employment letter will be looked at the most, your current income may/may-not match what is on your previous income tax returns - so this is not a problem.

If your children are not claimed as a dependent - you should not need to count them as members of your household for this purpose.

and we hear that they do not accept co sponsor

They do accept co-sponsors. They may not accept co-sponsors from folks that are not an immediate relative/family-member (for example).

[kayceeandtim 0]

hello..my fiancee and i are having problem with my income and tax return..my 06,07 tax return was below poverty guidelines,then my 2008 was i become a dependent on my stepdad tax return because i go to school..fe filed the petition last feb09.i got a new job last april09.,i got an employment letter stating that i earn almost $28,300 a year..the problem is..i got 3 kids from my ex wife who is from mexico,we divorced last nov2008..And my ex has the full custody of my kids,so means my ex has the full right of them,,they were not included also on my recent tax return,i do live alone,but i do give for the child support..will they still be included on my household?my fiancee interview is so soon so were freaking out about my tax return and income

The Embassy/Consulate will look at your most recent proof of employment/income - so your pay stubs and employment letter will be looked at the most, your current income may/may-not match what is on your previous income tax returns - so this is not a problem.

If your children are not claimed as a dependent - you should not need to count them as members of your household for this purpose.

and we hear that they do not accept co sponsor

They do accept co-sponsors. They may not accept co-sponsors from folks that are not an immediate relative/family-member (for example).

thank you for enlightening me

[kayceeandtim 0]

hello..my fiancee and i are having problem with my income and tax return..my 06,07 tax return was below poverty guidelines,then my 2008 was i become a dependent on my stepdad tax return because i go to school..fe filed the petition last feb09.i got a new job last april09.,i got an employment letter stating that i earn almost $28,300 a year..the problem is..i got 3 kids from my ex wife who is from mexico,we divorced last nov2008..And my ex has the full custody of my kids,so means my ex has the full right of them,,they were not included also on my recent tax return,i do live alone,but i do give for the child support..will they still be included on my household?my fiancee interview is so soon so were freaking out about my tax return and income

The Embassy/Consulate will look at your most recent proof of employment/income - so your pay stubs and employment letter will be looked at the most, your current income may/may-not match what is on your previous income tax returns - so this is not a problem.

If your children are not claimed as a dependent - you should not need to count them as members of your household for this purpose.

and we hear that they do not accept co sponsor

They do accept co-sponsors. They may not accept co-sponsors from folks that are not an immediate relative/family-member (for example).

so does it means we will only count my income for the 2 household?me and my fiancee?

[thepizzadude 26]

hello..my fiancee and i are having problem with my income and tax return..my 06,07 tax return was below poverty guidelines,then my 2008 was i become a dependent on my stepdad tax return because i go to school..fe filed the petition last feb09.i got a new job last april09.,i got an employment letter stating that i earn almost $28,300 a year..the problem is..i got 3 kids from my ex wife who is from mexico,we divorced last nov2008..And my ex has the full custody of my kids,so means my ex has the full right of them,,they were not included also on my recent tax return,i do live alone,but i do give for the child support..will they still be included on my household?my fiancee interview is so soon so were freaking out about my tax return and income

The Embassy/Consulate will look at your most recent proof of employment/income - so your pay stubs and employment letter will be looked at the most, your current income may/may-not match what is on your previous income tax returns - so this is not a problem.

If your children are not claimed as a dependent - you should not need to count them as members of your household for this purpose.

and we hear that they do not accept co sponsor

They do accept co-sponsors. They may not accept co-sponsors from folks that are not an immediate relative/family-member (for example).

so does it means we will only count my income for the 2 household?me and my fiancee?

yes

[kayceeandtim 0]

hello..my fiancee and i are having problem with my income and tax return..my 06,07 tax return was below poverty guidelines,then my 2008 was i become a dependent on my stepdad tax return because i go to school..fe filed the petition last feb09.i got a new job last april09.,i got an employment letter stating that i earn almost $28,300 a year..the problem is..i got 3 kids from my ex wife who is from mexico,we divorced last nov2008..And my ex has the full custody of my kids,so means my ex has the full right of them,,they were not included also on my recent tax return,i do live alone,but i do give for the child support..will they still be included on my household?my fiancee interview is so soon so were freaking out about my tax return and income

The Embassy/Consulate will look at your most recent proof of employment/income - so your pay stubs and employment letter will be looked at the most, your current income may/may-not match what is on your previous income tax returns - so this is not a problem.

If your children are not claimed as a dependent - you should not need to count them as members of your household for this purpose.

and we hear that they do not accept co sponsor

They do accept co-sponsors. They may not accept co-sponsors from folks that are not an immediate relative/family-member (for example).

so does it means we will only count my income for the 2 household?me and my fiancee?

yes

tnx for the reply,nice wedding photo,i hope me and my fiancee will soon have that too..i miss her

[kayceeandtim 0]

you sure guys that it wont be a problem on the interview?i know now that my income is within the limit for the 2 of us now..will the consul will not count my kids as household?

[thepizzadude 26]

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.

This is from the I-864 which is the affidavit of support for AOS. This is the one that matters most and most consulates depend on its instructions for eligibility.

I understand where you might have questions because it states "any dependent children under the age of 21, no matter where they live, any other dependents listed on your most recent Federal income tax return". While it may seem it is saying and any children under 21 and any dependents listed on tax return. The main focus is children under 21 not listed on the tax return are not considered DEPENDENTS to the government for qualifying purposes. NOW if you are sharing claiming the kids with your ex and you intend to claim them on next years taxes then you may have a problem with AOS. But as long as you do not intend to claim them it should be ok.

Paying child support does not make them dependents for this purpose.

This is only my interpretation of the instructions as they are written, and the past experiences of others who have posted on VJ.

If it would make you feel more comfortable maybe you should spend some cash and seek advice of an immigration attorney to ease your mind.

Good Luck

[Gary and Alla 3,694]

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.

This is from the I-864 which is the affidavit of support for AOS. This is the one that matters most and most consulates depend on its instructions for eligibility.

I understand where you might have questions because it states "any dependent children under the age of 21, no matter where they live, any other dependents listed on your most recent Federal income tax return". While it may seem it is saying and any children under 21 and any dependents listed on tax return. The main focus is children under 21 not listed on the tax return are not considered DEPENDENTS to the government for qualifying purposes. NOW if you are sharing claiming the kids with your ex and you intend to claim them on next years taxes then you may have a problem with AOS. But as long as you do not intend to claim them it should be ok.

Paying child support does not make them dependents for this purpose.

This is only my interpretation of the instructions as they are written, and the past experiences of others who have posted on VJ.

If it would make you feel more comfortable maybe you should spend some cash and seek advice of an immigration attorney to ease your mind.

Good Luck

I would say it depends on the definition of "dependent" as spouses and children are listed separately of "any other dependents" I would surmise ANY dependent children are considered regardless if you claim them on taxes or not. Child support is not claimed on tax returns and I am not sure paying child support makes them legally "dependents" though they can be covered by insurance and receive other "dependent benefits". I know many people have not considered them if not claimed on taxes, but I am not sure that is correct, and no one may "catch" it.