K1 income requirement

[Allie and Nigel 2]

Does anyone know if court ordered child support count as income? I read somewhere that it did but am of course second guessing myself.....I have my tax returns and w2's and everything else for the fiance to submit for his interview and my divorce decree with the child support order, which is about 284/month so I multiplied it by 12 and it saved me income wise for the 3 person cutoff....do you think thats going to be ok? I have bank statements or can get them if they want the actual $$ shown given to me, i wonder if i should send that too....hmmmm

Allison.

[Otto 83]

I believe it does count as income but since you're that close to the minimum, it may be a good idea to secure a possible co-sponsor.

[Anh map 2,098]

Yes, child support does count toward the household income. You will need to provide proof.

[Allie and Nigel 2]

Oh good, yes, i do have the child support court order that I sent to the fiance already along with my work outline thing and w2 and tax returns...THANK GOD! LOL...i was just barely over the 3 person cutoff and was having kittens in a very major way ...worrying...lol....i may sweet talk mom and dad in Canada to do the affidavit of support...donno yet....i had to have them do it for me when I came to the USA with my ex....so ya, been there...lol.

Edited July 25, 2009 by Allie and Nigel

[payxibka 10,045]

K-1 income requirement is an I-134 issue which are best posted in the consulate forum... I will move this thread from the K-3 forum

[Gary and Alla 3,694]

Does anyone know if court ordered child support count as income? I read somewhere that it did but am of course second guessing myself.....I have my tax returns and w2's and everything else for the fiance to submit for his interview and my divorce decree with the child support order, which is about 284/month so I multiplied it by 12 and it saved me income wise for the 3 person cutoff....do you think thats going to be ok? I have bank statements or can get them if they want the actual $$ shown given to me, i wonder if i should send that too....hmmmm

Allison.

YES...BUT

It must be court ordered, it must be PAID and you must have proof it has been and is being PAID. AND if the child is 17 and the child support is until age 18 they may not consider it, for example. There is no specific "cut-off" date that I can quote. They WILL consider it but there needs to be some indication it will continue for a time (time unspecific)

This is a judgement call at any rate, "making enough" does not gaurantee it will be approved, making too little does not guarantee it will be denied. If the child support will continue for, say, 3 years then the adjudicator can look at the case as a whole, including the fact that the new immigrant WILL eventually be able to contribute income and decide they will not become a public charge.

DEFINITELY, include it in your calculations and attach verification and let them decide. Do not take any points off the board, so to speak.

[Allie and Nigel 2]

Does anyone know if court ordered child support count as income? I read somewhere that it did but am of course second guessing myself.....I have my tax returns and w2's and everything else for the fiance to submit for his interview and my divorce decree with the child support order, which is about 284/month so I multiplied it by 12 and it saved me income wise for the 3 person cutoff....do you think thats going to be ok? I have bank statements or can get them if they want the actual $$ shown given to me, i wonder if i should send that too....hmmmm

Allison.

YES...BUT

It must be court ordered, it must be PAID and you must have proof it has been and is being PAID. AND if the child is 17 and the child support is until age 18 they may not consider it, for example. There is no specific "cut-off" date that I can quote. They WILL consider it but there needs to be some indication it will continue for a time (time unspecific)

This is a judgement call at any rate, "making enough" does not gaurantee it will be approved, making too little does not guarantee it will be denied. If the child support will continue for, say, 3 years then the adjudicator can look at the case as a whole, including the fact that the new immigrant WILL eventually be able to contribute income and decide they will not become a public charge.

DEFINITELY, include it in your calculations and attach verification and let them decide. Do not take any points off the board, so to speak.

Yes i have all of that, my daughter is 15 so i have a few years yet to go....

Thanks guys!