Need some reassurance here...

[jkminney 30]

I'm looking over this I-134 form and my actually salary is just below the needed amount to be at 125% I do however received child support for my 2 children which would put me well over the required amount needed. So first off I just would like someone to verify that I can infact use child support in my annual derived income. I know you are able to use it with supporting evidence on the I-864 but it doesn't give any sort of instruction for this on the instruction form for the I-134.

Secondly I have filled out an I-864 for my ex husband. He was here on a work visa when we met and has sense achieved the 40 qualifying quarters of work needed to no longer be responsible for him. He has given me his annual statement from the social security office and has also agreed to write a letter and have it notorized stating this information. On the I-134 I do need to include him on the form because I did fill out an affidavit of support for him. Unlike the I-864 there is NOT a place for you to say how many people are actually in your household!

What I've planned to do is have 2 addendums stating the information above (it will be a bit more professional than this quick post!) I will put a copy of my ex husbands information with one addendum explaining and then the proof. I will have another addendum with the child support information along with an additional copy of the divorce decree highlighting the child support payment information as well as a an additional copy of bank statements showing that income be deposited

IS THIS ENOUGH????

I need to be put at ease!

Thank you!

[Bobby+Umit 161]

Yes, child support can be considered income. (Also - some embassies go by 100% (wording in the FAM says for the I-134) - but others perfer 125%)

If the other affidavit is satisified, your obligation ends, so then you do not need to account for it on your new affidavit.

(btw - if he was still under the affidavit, you would include him on the I-864 - it doesn't matter if he is in the same household or even married to you for that matter - as long as your still obligated)

It is a good idea to show proof of such, as you have suggested.

[jkminney 30]

Yes, child support can be considered income. (Also - some embassies go by 100% (wording in the FAM says for the I-134) - but others perfer 125%)

If the other affidavit is satisified, your obligation ends, so then you do not need to account for it on your new affidavit.

(btw - if he was still under the affidavit, you would include him on the I-864 - it doesn't matter if he is in the same household or even married to you for that matter - as long as your still obligated)

It is a good idea to show proof of such, as you have suggested.

I appreciate your information. I still need to list him in the section that asks if I've filled out an affidavit of support for someone previously though. I will be at the interview with my fiance' and I guess I just want to make sure that when they are reviewing all the information that they understand that I HAD to list my ex husband even though he shoulnt be in the calculations? Unlike the I-864 you dont have to add that person to the actual # if they are no longer a financial obligation but on this stupid I-134 it doesn't allow you to put the number in your family...does that make sense? I guess what I need to find out is how do I make sure that they are calculating the amount I need to make as a 4 person family vs 5?? I'm assuming if i put a * next to the information they will take note that there is an addendum to add additional information?

[Bobby+Umit 161]

Ah - I see what you are asking, I was just going by the "count" for the household.

Yes - you would list the previous affidavit (the I-134) on the new form - you would just submit evidence that you are no longer obligated for that affidavit/person. (as you have suggested)

Since they are not listed in 3, and not listed in 8 - they will not add that to the count of people you are supporting.

Add a (see attached evidence) to make sure they refer to the evidence of no obligation.

Remember - the I-134 is not really legally binding, unlike the I-864, they just want to see you can support the person immigrating with your current number of dependents/other affidavits.

From what you posted, you clearly do.

[Allie and Nigel 2]

I had used child support for our i-134 in London to make my income meet the qualifications, it was ok with them but we had to SHOW THEM the actual DEPOSITS of the money in the bank too, which I had handy. Not sure how its gonna go for the i-864, we haven't done that yet however. Hoping it will be ok as well...

Edited January 23, 2010 by Allie and Nigel

[pushbrk 12,898]

Court ordered child support can be counted as other income. Be sure to document it with both the court order and evidence you are actually receiving the support.

[Gary and Alla 3,694]

I'm looking over this I-134 form and my actually salary is just below the needed amount to be at 125% I do however received child support for my 2 children which would put me well over the required amount needed. So first off I just would like someone to verify that I can infact use child support in my annual derived income. I know you are able to use it with supporting evidence on the I-864 but it doesn't give any sort of instruction for this on the instruction form for the I-134.

Secondly I have filled out an I-864 for my ex husband. He was here on a work visa when we met and has sense achieved the 40 qualifying quarters of work needed to no longer be responsible for him. He has given me his annual statement from the social security office and has also agreed to write a letter and have it notorized stating this information. On the I-134 I do need to include him on the form because I did fill out an affidavit of support for him. Unlike the I-864 there is NOT a place for you to say how many people are actually in your household!

What I've planned to do is have 2 addendums stating the information above (it will be a bit more professional than this quick post!) I will put a copy of my ex husbands information with one addendum explaining and then the proof. I will have another addendum with the child support information along with an additional copy of the divorce decree highlighting the child support payment information as well as a an additional copy of bank statements showing that income be deposited

IS THIS ENOUGH????

I need to be put at ease!

Thank you!

You can, in fact, include child support in your gross income. Consulates have the option of whether to accept it or not, but I doubt your consulate will turn it down. You need to attach the court order of child support and evidence it is being paid. If there is LESS than 3 years left in the child support order (ie, the child is age 16 to expire at age 18) they MAY not consider it as income. Consulate makes this call.

Your ex husband does not have to be claimed as a dependent if he has met the 40 quarters requirement. Attaching the letter and his SS statement are good ideas.

On the I-134 your stated income should be the TOTAL combined income of all sources and you should state both sources, such as "school teacher/child support" (for example)

Unfortunately the financial thing is a judgement call and none of us can say if you are "good to go" unless you are well over the guidelines with unquestionable financial income. I think, given the consulate you are using, you will be fine.

[Rebecca Jo 1,962]

I would love for anybody to link any internet source which confirms that some consulates don't count verifiable child support AND/OR that there has to be three years remaining for it to count.