financial support affidavit

[brice 0]

Okay so we are getting really close to pulling the trigger on this whole thing(long divorce). On the poverty guidelines; I have three kids from previous marriage and am paying child support from that. Are the kids from my previous marriage included in my household size? I am considered the 'minor time' parent by the state of Floriduh. If they are I am gonna need another job...as that brings me past the threshold for my current salary.

[rin and john 71]

From the instructions for the I-864, I would say they count:

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

21d - Enter the number of unmarried children you have who are under age 21, even if you do not have legal custody of these children. You may exclude any unmarried children under 21, if these children have reached majority under the law of their place of domicile and you do not claim them as dependents on your income tax returns.

The instructions for the I-134 don't say, but since you would eventually have to list your children on the I-1864 when your future spouse tries to adjust status, I don't think you would want to show the two forms differently (misrepresentation can be a big issue to USCIS). At the least I would list the children on the I-134 and mark them as partially dependent.

[Karee 4,190]

From the instructions for the I-864, I would say they count:

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

21d - Enter the number of unmarried children you have who are under age 21, even if you do not have legal custody of these children. You may exclude any unmarried children under 21, if these children have reached majority under the law of their place of domicile and you do not claim them as dependents on your income tax returns.

The instructions for the I-134 don't say, but since you would eventually have to list your children on the I-1864 when your future spouse tries to adjust status, I don't think you would want to show the two forms differently (misrepresentation can be a big issue to USCIS). At the least I would list the children on the I-134 and mark them as partially dependent.