The child is in the custody of fiance's mother.Will he be counted as part of the household size?

[Maganda 1]

[quote name=NVC FAN ' timestamp='1294365325' post='4391403]

If i were you i would tell your fiancee to prepare for that child to be counted. the only way i could see that the child would not be his responsibility to some extent would be if your fiancee legally signed over his rights and the mother took full responsibility of the child, which may not even be possible, that would be for a court to decide im sure. in manila prepare for the worst, if it works out the easy way then great.

gl

I already told my fiance about that matter and he is trying to find a better job so we would be able to meet the income requirement..As yes,he legally signed over his rights of the child to his mother and he has court order to show as proof..

For clarity, a partially dependent person counts as a whole person in household size. No matter whether the sponsor's child is listed as a dependent on a tax return or I-134, when a Consular officer is aware of a sponsor's child under the age of 21, they may well count them in their own calculation of household size while making the public charge determination. The reason is that at any moment, that child may well become a direct and full dependent of the sponsor.

If the sponsor does not have qualifying income and/or assets when counting the child in the household size, they would be wise to secure a cosponsor who DOES qualify.

thanks for clarification...that is exactly my worries.That the consular Officer will count his child as part of the household even though he is not listed in the tax return or form 134,since one of the questions asked during the interview will be "if the petitioner has children".And since i will be interviewed in Manila Embassy, i cant have cosponsor as i have learned they are reluctant to accept co sponsors.

[Maganda 1]

For clarity, a partially dependent person counts as a whole person in household size. No matter whether the sponsor's child is listed as a dependent on a tax return or I-134, when a Consular officer is aware of a sponsor's child under the age of 21, they may well count them in their own calculation of household size while making the public charge determination. The reason is that at any moment, that child may well become a direct and full dependent of the sponsor.

If the sponsor does not have qualifying income and/or assets when counting the child in the household size, they would be wise to secure a cosponsor who DOES qualify.

another question, how do Consular officer calculates the annual salary to determine if the petitioner's income meets the 125% above poverty line? Is it the paycheck received per month multiply to 12 months?say, $1000x12=$12000..is this correct?

[Kathryn41 3,205]

Post violating TOS along with posts quoting same have been removed. If you have nothing constructive to add to the thread, especially when you are not in possession of all of the circumstances, please do not participate. Acceptable parts of the other removed posts are returned to the thread below:

of course, my fiance DOES care about his son.He was stationed in Japan for his work and so he give the full custody to his mother rather than giving it to a heartless ex-wife.And though his son is in his mother, it did not mean he doesnt care about him.How could he not be when he is living with his mother.I brought up this situation since we are hoping to be enlightened so we would be prepared for possible denial..We still have time to prepare before we go for interview.You dont know what we are undergoing right now.I am asking help from people who are willing to help,

For an employed person (one who receives a W2 from their employer each year) yes, the gross income is used. If paid hourly and 40 hours a week, state current income as the gross hourly rate times 2080. (40 hours times 52 weeks)

[Maganda 1]

Post violating TOS along with posts quoting same have been removed. If you have nothing constructive to add to the thread, especially when you are not in possession of all of the circumstances, please do not participate. Acceptable parts of the other removed posts are returned to the thread below:

thank you..

Edited January 8, 2011 by Maganda

[Maganda 1]

Wrong. The son is his and who supports him could change with no notice. Count on needing a cosponsor if the income doesn't qualify with the son counted in the household size.

thank you for all the insights..Godbless you all

[NVC FAN :( 18]

Just a opinion at this point . but if he legally signed over all responsbility of the child, i would presume that he has no obligation, personally or money wise.

[Minya's wife 25]

[quote name=NVC FAN ' timestamp='1294519894' post='4394673]

Just a opinion at this point . but if he legally signed over all responsbility of the child, i would presume that he has no obligation, personally or money wise.

Depends, I think, on what type of "legally signed over all responsibility" document was signed. If the parent renounces all parental responsibility, then I guess there is no obligation, but if it is just custody that has been signed over to the grandmother then what was stated previously is correct....the child is still his, and could be counted because custodial responsibility could change and the parent could at any time become again responsible financially for the child.

[Maganda 1]

My fiance and I are now enlightened and that we should count his child as part of the household so we will be in a safe ground.We don't want to take any chances and get denied and start all over again.We have not received Noa2 yet but expecting it anytime soon.I believe Noa2 is valid for 4 months and he still have time to look for a better job that would meet the required income..thank you all for your responses.Godbless

[martess 1]

My fiance and I are now enlightened and that we should count his child as part of the household so we will be in a safe ground.We don't want to take any chances and get denied and start all over again.We have not received Noa2 yet but expecting it anytime soon.I believe Noa2 is valid for 4 months and he still have time to look for a better job that would meet the required income..thank you all for your responses.Godbless

I'm very sorry to hear about the situation you been through this time Jay and your fiance. But don't lost hope instead be strong to overcome the obstacles. God answers prayers, so we'll just pray that your fiance can get a good job the soonest before the NO2 will expire, anyway you haven't receive it yet. I am looking forward for the possibility of your K1 visa application. God bless and good luck my dear sis Jay.

[Maganda 1]

I'm very sorry to hear about the situation you been through this time Jay and your fiance. But don't lost hope instead be strong to overcome the obstacles. God answers prayers, so we'll just pray that your fiance can get a good job the soonest before the NO2 will expire, anyway you haven't receive it yet. I am looking forward for the possibility of your K1 visa application. God bless and good luck my dear sis Jay.

thank you for the wishes te tess..Godbless on your coming interview..