Confused Please help

[Sak 0]

Hello everyone. I have a question and I would like to know the proper procedure for this. My boyfriend/fiancee has 3 kids in total. One lives with him and he gets child support for her and he claims her on his income tax returns. His 2 boys live with there mother and he pays child support for both of them and he does not claim them on his income tax returns. My question is, when we fill out the affidavit of support does he need to put that he also supports his two boys even though he does not claim them on his income tax returns? At that point will he be responsible for just a household of 3 or 5 people???Anyone, Please if you can help me with this, I would really appreciate it. Thank You

[tany1157 161]

Hello everyone. I have a question and I would like to know the proper procedure for this. My boyfriend/fiancee has 3 kids in total. One lives with him and he gets child support for her and he claims her on his income tax returns. His 2 boys live with there mother and he pays child support for both of them and he does not claim them on his income tax returns. My question is, when we fill out the affidavit of support does he need to put that he also supports his two boys even though he does not claim them on his income tax returns? At that point will he be responsible for just a household of 3 or 5 people???Anyone, Please if you can help me with this, I would really appreciate it. Thank You

I am not an expert, but I would think that he IS responsible for 3 kids....for the daughter, he would check off the "wholly responsible" box, and for the boys, he would check off the "partially responsible" box...I hope this helps....

[Sak 0]

Thank You Tany. I want to know will this affect us in anyway? Will it then be as if he needs to claim all 5 of us or just 3 people? He make s enough to support 3 people but not enough to support 5. This is where I am mostly confused.

[tany1157 161]

Thank You Tany. I want to know will this affect us in anyway? Will it then be as if he needs to claim all 5 of us or just 3 people? He make s enough to support 3 people but not enough to support 5. This is where I am mostly confused.

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From what I understand, I would think he needs to make enough to support you including his 3 kids....if he doesn't make enough, would there be a family member willing to be a co-sponsor??? I am using my mom as a co-sponsor because I do have a dependant child, and I don't make enough on my own. I am not sure what consulate you are going through, alot will accept a co-sponsor but I would def double check to make sure your consulate will accept a co-sponsor...

[Sak 0]

I am in Montreal Canada so I would going through that consulate. How do I find out if they accept a co-sponsor? And exactly how does a co-sponsor work?

[Gary and Alla 3,694]

Hello everyone. I have a question and I would like to know the proper procedure for this. My boyfriend/fiancee has 3 kids in total. One lives with him and he gets child support for her and he claims her on his income tax returns. His 2 boys live with there mother and he pays child support for both of them and he does not claim them on his income tax returns. My question is, when we fill out the affidavit of support does he need to put that he also supports his two boys even though he does not claim them on his income tax returns? At that point will he be responsible for just a household of 3 or 5 people???Anyone, Please if you can help me with this, I would really appreciate it. Thank You

I will try to phrase this delicately. You are asking if he can lie and get away with it. He has 3 children which are dependent on him and for which he supports or pays support. His family size, with you, is 5.

Just because someone is not claimed on a tax return due to a court order or separation agreement and the tax code does not make them "not dependent". Claiming them on a tax return makes it impossible not to claim them on an I-134. He SHOULD claim all the children on the I-134, to do otherwise is fraudulent and falsifying material facts. That is all there is to it. You know it, I know it and he knows it. Being found to be falsifying material facts at any point makes you subject to visa denial or AOS denial, deportation and permanent ban from the US...plus possible criminal charges for your fiance. They do not deport US citizens, the put them in prison. The USCIS and the consulates are not the IRS and visa applications are not tax returns. It is a mistake to think that because something is listed one way on a tax return it would be listed the same for a visa application...it may be, but it also may not be. He is prevented from claiming them on his tax return because the IRS only allows ONE single person to claim an individual as dependent. That is tax code. Immigration rules require you disclose ALL people dependent on you.

That said, he CAN claim the child support he receives as income provided he has a court order and proof of payments, even though child support is not shown on his tax return.

[Gary and Alla 3,694]

Hello everyone. I have a question and I would like to know the proper procedure for this. My boyfriend/fiancee has 3 kids in total. One lives with him and he gets child support for her and he claims her on his income tax returns. His 2 boys live with there mother and he pays child support for both of them and he does not claim them on his income tax returns. My question is, when we fill out the affidavit of support does he need to put that he also supports his two boys even though he does not claim them on his income tax returns? At that point will he be responsible for just a household of 3 or 5 people???Anyone, Please if you can help me with this, I would really appreciate it. Thank You

I will try to phrase this delicately. You are asking if he can lie and get away with it. He has 3 children which are dependent on him and for which he supports or pays support. His family size, with you, is 5.

Just because someone is not claimed on a tax return due to a court order or separation agreement and the tax code does not make them "not dependent". Claiming them on a tax return makes it impossible not to claim them on an I-134. He SHOULD claim all the children on the I-134, to do otherwise is fraudulent and falsifying material facts. That is all there is to it. You know it, I know it and he knows it. Being found to be falsifying material facts at any point makes you subject to visa denial or AOS denial, deportation and permanent ban from the US...plus possible criminal charges for your fiance. They do not deport US citizens, the put them in prison. The USCIS and the consulates are not the IRS and visa applications are not tax returns. It is a mistake to think that because something is listed one way on a tax return it would be listed the same for a visa application...it may be, but it also may not be. He is prevented from claiming them on his tax return because the IRS only allows ONE single person to claim an individual as dependent. That is tax code. Immigration rules require you disclose ALL people dependent on you.

That said, he CAN claim the child support he receives as income provided he has a court order and proof of payments, even though child support is not shown on his tax return.

Yes, you can use a co-sponsor. make sure in his calculation of CURRENT income that he uses GROSS income (befoe tax) and includes his child support if he can verify that.

[Sak 0]

I DID NOT say that we want to lie, so please before making accusations, ASK! All I want to know is if he is partially responsible for his 2 children that he pays child support for need to be fully included on the affidavit of support.

[Sak 0]

BUT I do appreciate the response and thank you for your time and effort in replying.

[WhidbeyGirl 1]

Any chance any of the kids are 18? I followed all of the rules (ie committed NO FRAUD) and was able to not have to claim one of my children because he is 18 and I didn't claim him on my taxes.

[Sak 0]

I am so confused. So even if my fiancee is partially responsible for his 2 kids that he pays child support for, then he would have to make enough to support 5 members? That is my biggest and only question. Another question is how does co-sponsoring work? Which form is it annd how much does a co-sponsor need to make in order to qualify?

[Sak 0]

the kids are all young the oldest is 13 then 10 and 9. My fiancee only make 29k a year. He has a daughter that lives with him and he gets child support for her. His 2 sons live with there mother and he pays child support for them. If has to claim that he supports all 3 childern then i=the income requirements will not be enough for him to support me also. This is where I am confused and anyone who is has been in a similar situation, please give me some guidance.

[Jamaican JNR 2]

Hello everyone. I have a question and I would like to know the proper procedure for this. My boyfriend/fiancee has 3 kids in total. One lives with him and he gets child support for her and he claims her on his income tax returns. His 2 boys live with there mother and he pays child support for both of them and he does not claim them on his income tax returns. My question is, when we fill out the affidavit of support does he need to put that he also supports his two boys even though he does not claim them on his income tax returns? At that point will he be responsible for just a household of 3 or 5 people???Anyone, Please if you can help me with this, I would really appreciate it. Thank You

A co-sponsor can be family of friend. Check the state department website to find out the poverty guidline for number of people in household. That will tell you how many you can sponsor by yourself, and the amount the co-sponsor should be earning to claim the others.

[tany1157 161]

I am so confused. So even if my fiancee is partially responsible for his 2 kids that he pays child support for, then he would have to make enough to support 5 members? That is my biggest and only question. Another question is how does co-sponsoring work? Which form is it annd how much does a co-sponsor need to make in order to qualify?

co sponsors fill out the i-134 also...and they need to make the 125% over the poverty level also...

[Rings 10]

Yes he can show them his child support enforcement records and checks to prove that he cares for the children. Most states have a child support enforcement agency online that he can log into and check his account status and print the history of payments off of it. If he has problems with gaining access he can call his child support case manager and ask her to mail the statements to him to prove he pays and that it is a valid expense.