affidavit of support, gross or net?

[Gary and Alla 3,694]

Thanks guys...idk why I was thinking net. I gross 29k but after taxes and deductions it brings my net down. My son doesn't live with me but we take turns every other year claiming him on our taxes. Do I still need to put him as a dependent because last year I claimed him? Or partial dependent on I-134 form? Thanks again for any answers.

Your income is $29,000

YES you MUST claim your son. There are no guidelines per se for the I-134 but they generally use the I-864 guidelines and thos specifically state that ALL children must be counted regardless of where they live, wheter child support is paid or collected and no matter who claims them on taxes.

For the K-1 process there is no such thing as a "partial dependent". The I-134 is used for multiple visa types, the partial dependent does not apply to the K-1.

[Gary and Alla 3,694]

How about for self employed??? I have been told it is the net. It will be just for the 2 of us on a K1 so I am hoping you are correct on this, but i have been told many times for me it is after business deductions. Thanks

It is ALWAYS gross income.

However for a self employed it is GROSS PERSONAL income, NOT gross business income. This may or may be the same as "net" income for the business.

The consulate and USCIS have no interest in your business, a business cannot sponsor an immigrant. Whatever your GROSS PERSONAL income is, that ends up on line 22 of your personal income tax return is what counts.

[Gary and Alla 3,694]

Dont use the 2003 table, it gets revised almost yearly there is one current for 2011. Requirements are based on people IN your household living with you but if you re claiming someone on your taxes you will probably have to count them as part of household but i would research that.

This is not true, except, yes, use current guidelines they do go up every year

ALL children under age 21 count whether they live with you or not. Whether they are claimed on taxes or not and wheter you get or pay child support or not. Review the instructions for the I-864 which are VERY clear about this. If the child is over age 18 and is emancipated and is not cliamed on income tax as a dependent, then they do not count.

Edited November 12, 2011 by Gary and Alla

[Jim N Augie 16]

This is not true, except, yes, use current guidelines they do go up every year

ALL children under age 21 count whether they live with you or not. Whether they are claimed on taxes or not and wheter you get or pay child support or not. Review the instructions for the I-864 which are VERY clear about this. If the child is over age 18 and is emancipated and is not cliamed on income tax as a dependent, then they do not count.

Was in reference to 129-f and I thought he stated the kids in question were over 18

Edited November 12, 2011 by Jim N Augie

[Jim N Augie 16]

Was in reference to 129-f and I thought he stated the kids in question were over 18

But I see now was another poster stating up to age 21.

[Gary and Alla 3,694]

But I see now was another poster stating up to age 21.

The instructions are clear.

The age is 21, as I and another poster stated.

There is an exception to that that allows not counting children IF

1. They are over age 18

2. They are emancipated (living on their own)

3. Not claimed as a dependent on either parents tax return

Otherwise the age is 21 regardless where they live. A 20 year old college student living away at school but claimed as a dependent would still count even if the child was from divorced parents and his mother was claiming him but the father was filling out the I-134

For the I-129f ALL children are listed regardless of age or whether they will come with the beneficiary or not. If your fiancee has a 30 year old son, you list him on the I-129f

[Jim N Augie 16]

thats the norm in the US. 18 and adult paying their own taxes.

[pushbrk 12,898]

thats the norm in the US. 18 and adult paying their own taxes.

What is the norm or not, is not the issue. Expect the I-864 standards to be applied, which are than you count a child under 21 no matter where they live.

"Income" can be thought of or defined in many ways. In the context of an affidavit of support, it is defined in ONE and only ONE way for a self employed person, and that is that "current income" is the number of dollars that appears on line 22 of the 1040 form for the most recent tax year.

It makes things more clear to understand the difference between business "revenue" and "income". Income is revenue minus expenses. To call it income minus expenses or net income is both inaccurate and confusing. Net income would not appear on a tax return, as it would be derived from subtracting (at minimum) TAXES, from the line 22 number.

Revenue "comes in" but is not properly referred to as "income".