child support

[dtb25 0]

Hello,

Does any one know if child support payments owed/paid, negatively affects the AOS process.

Thank You.

[Otto 83]

Paid/paying - probably not.

Owed - also probably not, might count as income though.

Is there something specific you're curious about?

[dtb25 0]

Yes O.u.K.,

My husband hasn't worked for more than 3 months so I was wondering if that would have to be noted somewhere, possibly on the income form. Because I was told that since he hasn't worked for 3 months+, we would have to possibly get a sponsor. Do you know if him also having 3 months+ back support owed, would that negatively affect the the paper work. Is it possible that I be rejected because of that?

[Otto 83]

Yes O.u.K.,

My husband hasn't worked for more than 3 months so I was wondering if that would have to be noted somewhere, possibly on the income form. Because I was told that since he hasn't worked for 3 months+, we would have to possibly get a sponsor. Do you know if him also having 3 months+ back support owed, would that negatively affect the the paper work. Is it possible that I be rejected because of that?

Part of adjusting status is supplying an affidavit of support - which is where current income is documented - not being employed at the time the form is submitted can most certainly affect the process and you'll likely need a co-sponsor.

The back child support doesn't play a role however (not that I can see) - even if it wasn't behind 3+ months.

[dtb25 0]

Thank You very much.

[Gary and Alla 3,694]

Yes O.u.K.,

My husband hasn't worked for more than 3 months so I was wondering if that would have to be noted somewhere, possibly on the income form. Because I was told that since he hasn't worked for 3 months+, we would have to possibly get a sponsor. Do you know if him also having 3 months+ back support owed, would that negatively affect the the paper work. Is it possible that I be rejected because of that?

Part of adjusting status is supplying an affidavit of support - which is where current income is documented - not being employed at the time the form is submitted can most certainly affect the process and you'll likely need a co-sponsor.

The back child support doesn't play a role however (not that I can see) - even if it wasn't behind 3+ months.

If he does not have a job for the AOS affidavit you will need a joint sponsor.

Child support CAN affect things, though I am not sure it will affect the AOS. If a person is more than $2500 in arrears for child support, their passport can be flagged/suspended and the IRS notified to withold refunds, credits, rebates, etc. If this happens it shows up in the USCIS records and the USCIS will deduct the amount owed from his current income for consideration for the affidavit of support. This does not happen "automatically" and takes some filings and court procedures to implement, so he will know if it is happening unless the child support is being deducted by the state and redistributed to the beneficiary. In this case, the state WILL do the necessary notifications. This is because past child support (or tax leins) would "trump" the USCIS's hand as first in line to garnish wages by the amount owed for child support.

The ironic thing is, since he doesn't have a job and needs a joint sponsor, it probably wouldn't make any difference, they can't deduct it from the joint sponsor's income and they can't squeeze blood from a stone.