Using Beneficiary's Child Support for I-864

[SunDrop 59]

We're in the process of pulling together all the documents we need for our K1/K2 visa application, once we receive our petition NOA2. I'm looking ahead to the AOS part of the process, but need to know now for the sake of the I-134 as well.

One of the documents that I'm getting together for our visa application includes a statement of arrangements between my ex-husband and me, in relation to our daughter. This will include the statement granting me sole custody and permission to immigrate to the US with her from him, and a statement that the Canadian government requires me to make relating to his pending immigration to Canada. It will also cover issues such as granting my fiance parental responsibility upon marriage to me, access arrangements and also the continuation of child support payments. This will be quoted in US dollars, be paid into a US bank account and will continue monthly until she is 21 or completes her tertiary education, whichever is the latter. It is not a court ordered payment, as we have always succeeded in making these arrangements amicably in the 8 years that we have been separated.

Since my fiance doesn't meet the income requirements, we have planned on using a co-sponsor. But for obvious reasons it would be preferable to keep the sponsorship requirements between us as a couple. He is currently job-hunting, but it's quite unlikely that he will meet the income requirements for 3 people, at least at first. My child support payments would take us well clear and above that level, however.

So my question is, can the statement of arrangements (which will be signed and notarized before a lawyer) be used as evidence of a continuing source of income contribution from the beneficiary on either/both the I-134 and the I-864? If not, what would be required in order to make it a viable source of income (i.e. would it have to be court ordered? And if so, how could it be considered enforceable if ordered by a british court, when the payer is permanently resident in Canada and the payee is permanently resident in the US?)

Edited for clarity, as suggested by a PP.

Edited March 12, 2010 by SunDrop

[VanessaTony 3,567]

One issue I see is that it's technically NOT your income. It's payments made to you FOR the benefit of your child. I personally do not see how it's possible to use this information.

Another reason for this being for the I-864 they request tax returns. Do you declare this "income"? I'm not sure they'd accept a "letter" (effectively) from your ex saying he'll abide by the agreement... It's difficult.

Here: http://www.uscis.gov/files/form/i-864.pdf page 2 discusses using intending immigrants income.

Does your fiance have assets such as a house? A second vehicle? or money in the bank?

I completely understand wanting to keep the arrangements between yourself as a couple so i would look into using assets to make up the short fall.

Good luck!

p.s. if possible, can you edit the OP to mention that you're looking ahead to the AOS from K1 as right now from reading the OP it looks like this is in the wrong spot and i wouldn't want people to read the first line and just ignore it

Edited March 12, 2010 by Vanessa&Tony

[SunDrop 59]

One issue I see is that it's technically NOT your income. It's payments made to you FOR the benefit of your child. I personally do not see how it's possible to use this information.

Another reason for this being for the I-864 they request tax returns. Do you declare this "income"? I'm not sure they'd accept a "letter" (effectively) from your ex saying he'll abide by the agreement... It's difficult.

Here: http://www.uscis.gov/files/form/i-864.pdf page 2 discusses using intending immigrants income.

Does your fiance have assets such as a house? A second vehicle? or money in the bank?

I completely understand wanting to keep the arrangements between yourself as a couple so i would look into using assets to make up the short fall.

Good luck!

p.s. if possible, can you edit the OP to mention that you're looking ahead to the AOS from K1 as right now from reading the OP it looks like this is in the wrong spot and i wouldn't want people to read the first line and just ignore it

I don't declare it as income for UK taxes because we're taxed at source, so namely taxes are paid when my ex earns it. Very few people actually file 'self assessments' in the UK, and those who do either have significant portfolio incomes or are self employed. I do declare it as income for the purpose of various tax credits and other benefits, however. The fact that I receive it disqualifies me in the UK from certain means tested benefits, and having never received child support in the US, I don't know if it's a declarable income as far as the IRS is concerned. I was under the impression that it is.

It's as much a 'letter' as the statement of permission allowing me to take her to the US permanently. It's in effect a contract and as far as I can tell, we could submit it to a court in AZ to have it made into a court approved statement of arrangements. You can apparently draw up your own, and present it for court approval. I will be running it past an AZ family lawyer to make sure that it is legally enforceable, but more specifically that the matters concerning parental responsibility/ legal guardianship for my fiance would be upheld by a court if needed. The main purpose of this part is in case of emergency where I am not able to make decisions about her care (in case of a car accident, for example).

So, from what you say, I'd need to know whether parents in receipt of child support in the US declare it as income, taxed or not, to the IRS.

[LIFE'SJOURNEY 970]

Child support in the US is not declared as income for IRS purpose. It is only used as income for meeting certain income requirements for credit worthiness. Child support in the US is considered a monetary income to support the beneficiary(child) that it pertains too.