Advice Needed desperately

[Blessed2011 3]

P.S I posted this same post in the wrong section before incase you see a duplicate.

First of all congratulations to everyone who has gotten their EAD/AP/Green cards! My husband and i met in December 2008, started dating/living together/got married in April of this year (2010).

We recently just found out my husband has a child. When i met my husband he had just broken up with his ex-girlfriend. She called him a couple of weeks ago and told him about the baby and my husband ofcourse denied the whole thing since it took that long for her to notify him. Anyway, he requested a DNA test which turned out HE is the father of the child. The ex-girlfriend reported him to child services and he has now been ordered to pay child support. He is okay with that only that he has hired an attorney since they are asking him to pay way too much money and his job is seasonal, meaning that one month he can make a lot of money but the next month he can make so little. So his case is still going on and he is waiting for a hearing. He is ready to support his child. The real reason he hired a lawyer is because once he agrees to pay the money the state wants, he will not have any visitation/rights to the child as currently his ex won't even let him see the child. So with the help of the lawyer he will be able to see his child.

So my question is this- we have our AOS interview coming up soon(September 21st!). I have heard some people get asked whether they have any kids. Should my husband say yes and explain the situation incase they ask us the question? Or should he just say no?? We are not sure about saying no since we don't know whether they have access to social services records. I was distraught when i found out about his child but we have been able to work things out. We are still very much in love if not more so we want to make sure we don't make stupid mistakes in the inteview as we want to spend the rest of our live together

So, if anybody can try and place themselves in our shoes, what would you do???????

Thanking you all in advance.

[JimVaPhuong 4,863]

The honest answer would be "yes". Never intentionally lie to an immigration officer. The consequences can be disastrous.

[Blessed2011 3]

The honest answer would be "yes". Never intentionally lie to an immigration officer. The consequences can be disastrous.

Thanks for the reply! We thought so too but was not sure whether the interviewer would make it a bid deal.

[JimVaPhuong 4,863]

Thanks for the reply! We thought so too but was not sure whether the interviewer would make it a bid deal.

I'm not sure who is the immigrant and who is the US citizen in your case. If your husband is the US citizen then his household size for the affidavit of support just increased by one. If you are the US citizen then it shouldn't make any difference. Your husband is obligated to support the child, but that obligation doesn't pass on to you. The child is not a subject for US immigration since it was born in the United States.

If you're honest about it then I don't see how an immigration officer could twist the subject into a reason for denying an AOS. If you were not honest about it then there are a variety of ways an immigration officer could spin it into a denial.

[Blessed2011 3]

I'm not sure who is the immigrant and who is the US citizen in your case. If your husband is the US citizen then his household size for the affidavit of support just increased by one. If you are the US citizen then it shouldn't make any difference. Your husband is obligated to support the child, but that obligation doesn't pass on to you. The child is not a subject for US immigration since it was born in the United States.

If you're honest about it then I don't see how an immigration officer could twist the subject into a reason for denying an AOS. If you were not honest about it then there are a variety of ways an immigration officer could spin it into a denial.

My husband is the US citizen. Do you have any idea by how much more the affidavit of support goes up? We've been honest about everything so far. My husband was as surprised as i am about him being a father. Thanks!

[HappyKnappy 30]

My husband is the US citizen. Do you have any idea by how much more the affidavit of support goes up? We've been honest about everything so far. My husband was as surprised as i am about him being a father. Thanks!

About 4600 USD per year, per the guidelines issued by USCIS. The 2010 guidelines had been delayed, and they appear to be the same as 2009. They should change them before January 2011, when the '11 guidelines are due.

http://www.uscis.gov/files/form/i-864p.pdf

Edited September 8, 2010 by HappyKnappy

[JimVaPhuong 4,863]

About 4600 USD per year, per the guidelines issued by USCIS. The 2010 guidelines had been delayed, and they appear to be the same as 2009. They should change them before January 2011, when the '11 guidelines are due.

http://www.uscis.gov/files/form/i-864p.pdf

HHS released their new poverty numbers for 2010, and they were exactly the same as 2009. I suspect USCIS just decided not to update the I-864P because the numbers didn't change.

[Blessed2011 3]

HHS released their new poverty numbers for 2010, and they were exactly the same as 2009. I suspect USCIS just decided not to update the I-864P because the numbers didn't change.

Thanks to both HappyKnappy and JimVaPhuong for your replies. Thank God even after adding the baby, my husband's income will be enough to show he can support us both. But still hoping the IO will not ask us that question but had to ask this incase they do and we'll be all ready for it! Do you think 2011 affidavit of support will go higher or maybe lower because of the economy? Just curious.

Thanks again!

[JimVaPhuong 4,863]

Thanks to both HappyKnappy and JimVaPhuong for your replies. Thank God even after adding the baby, my husband's income will be enough to show he can support us both. But still hoping the IO will not ask us that question but had to ask this incase they do and we'll be all ready for it! Do you think 2011 affidavit of support will go higher or maybe lower because of the economy? Just curious.

Thanks again!

It depends largely on the cost of living, which depends on inflation. The sagging economy tends to keep inflation down, so there's a good chance it won't go up, or will only go up a little.