Affidafit of support and kids

[Rayien 0]

Hello, I am new to this place and it is the first time I found a similar question to mine. I have been searching for an answer for such a long time, because the two Affidavit of Support made me confused and worry a lot.

My US fiancé has 3 children from two previous relationships too, but was never married with them though. He is a truck driver and never sees his children and it is not wanted by the mothers anyways. He has no custody of any of his 3 children and doesn't claim any of them in his tax returns. So, do they still count as his dependents and do we need to include them when counting our household size? And do we also need to list them in both Affidavit of Support (I-134 and I-864), or not at all? I am so confused by it for quite some time now. Are we a 2 people household or 5?! I hope we are not 5, because finding a co-sponsor is not an easy thing to do. Well, thanks in advance for answers and help. I really appreciate it!

[Penguin_ie 5,993]

Yes he needs to count them- all minor kids need to be counted, unless he has given up his parental rights/ they have been adopted by someone else. Not having custody doesn't matter.

[pushbrk 12,822]

Yes he needs to count them- all minor kids need to be counted, unless he has given up his parental rights/ they have been adopted by someone else. Not having custody doesn't matter.

While the above is technically correct for the I-864 that will be used to adjust status, it is not an actual requirement for the I-134 used to obtain the K1 visa. Since the interviewing officer is likely to ask about the children and their ages, they are probably going to consider all of them who are under 21 in their own calculation of household size. If your US fiance doesn't have enough income to qualify for a household of 5, it could be a problem. Otherwise, no issue.

[Rayien 0]

Thank you for both answers. Well, he is a truck driver, so his salary is not always the same amount and it makes calculating a bit difficult. He should be over it anyhow, with or without the children counting, but we need to be certain now. But since we have still have at least 6 months till my interview, it should be enough time to make sure it is enough. It is possible to work more in this time and use it as proof for the income, am I right with that? Because he has been a lazy #### last year and he became a senior driver, which allows him to take students with him and make more money, at the end of last year. So, there have been significant changes to his income. Guess I need to kick him and make him calculate everything. He knows best about his payment D: But at least I know what is going on now and that helps a lot already. Time for preparing Thanks!

[Hank_ 9,174]

Hello, I am new to this place and it is the first time I found a similar question to mine. I have been searching for an answer for such a long time, because the two Affidavit of Support made me confused and worry a lot.

My US fiancé has 3 children from two previous relationships too, but was never married with them though. He is a truck driver and never sees his children and it is not wanted by the mothers anyways. He has no custody of any of his 3 children and doesn't claim any of them in his tax returns. So, do they still count as his dependents and do we need to include them when counting our household size? And do we also need to list them in both Affidavit of Support (I-134 and I-864), or not at all? I am so confused by it for quite some time now. Are we a 2 people household or 5?! I hope we are not 5, because finding a co-sponsor is not an easy thing to do. Well, thanks in advance for answers and help. I really appreciate it!

Questions that comes to my mine; Is he listed on their birth certificates as the father? Do the children carry his name? He has never claimed them on his taxes or has any rights with them. There is lots of "gray area" with this. I truly don't think its so cut and dried that he has to include them, this may be a lawyer question.

[pushbrk 12,822]

Thank you for both answers. Well, he is a truck driver, so his salary is not always the same amount and it makes calculating a bit difficult. He should be over it anyhow, with or without the children counting, but we need to be certain now. But since we have still have at least 6 months till my interview, it should be enough time to make sure it is enough. It is possible to work more in this time and use it as proof for the income, am I right with that? Because he has been a lazy #### last year and he became a senior driver, which allows him to take students with him and make more money, at the end of last year. So, there have been significant changes to his income. Guess I need to kick him and make him calculate everything. He knows best about his payment D: But at least I know what is going on now and that helps a lot already. Time for preparing Thanks!

If he is self-employed, his current income will be found on line 22 of his 2011 tax return. If employed, he would do a calculation of his year to date income at some point in 2011, divide by the number of pay periods up to that point in the year and then multiply by the total number of pay periods.

Is he employed or self employed. That's the first question you need to have the answer to.

[Rayien 0]

If he is self-employed, his current income will be found on line 22 of his 2011 tax return. If employed, he would do a calculation of his year to date income at some point in 2011, divide by the number of pay periods up to that point in the year and then multiply by the total number of pay periods.

Is he employed or self employed. That's the first question you need to have the answer to.

He is employed with a company from Texas. His salary is per miles though and therefore never the same. He gets payed after every "Job", so some take just a few days, some maybe a whole week. That's why it is quite difficult to figure out if his yearly income would be enough by now, calculating since the changes in Octobre. The rest of 2011 wasn't really good for him, but just because he wasn't really working that much.

[Rayien 0]

Questions that comes to my mine; Is he listed on their birth certificates as the father? Do the children carry his name? He has never claimed them on his taxes or has any rights with them. There is lots of "gray area" with this. I truly don't think its so cut and dried that he has to include them, this may be a lawyer question.

Mhh interesting questions. I know that he told me about such "gray areas", but you are right, without lawyer it might be difficult to figure such things out, since it is so complicated. I know that his oldest, the daughter (15-16) carries his last name. I don't know if his sons have his name though. I will ask about those things tomorrow when we are on the phone again. All those things are stressing him right now, lots of work etc. but I can't figure it out. I don't even know if he still has parental rights. I read about it and you can lose it, if you are always away and don't really have a relationship to your children. Well, that applies to his situation perfectly. I don't know much about his children, since they are no part in his life, unfortunately, but I'll see what I can find out. Someone knows a good lawyer to ask for this situation?

[pushbrk 12,822]

He is employed with a company from Texas. His salary is per miles though and therefore never the same. He gets payed after every "Job", so some take just a few days, some maybe a whole week. That's why it is quite difficult to figure out if his yearly income would be enough by now, calculating since the changes in Octobre. The rest of 2011 wasn't really good for him, but just because he wasn't really working that much.

Since October has no meaning in this process. I gave you the formula that needs to be used when the time comes. When that time comes, he needs to use it. In the meantime, he can do that calculation as often as he wants to make sure he's working enough.

[pushbrk 12,822]

Mhh interesting questions. I know that he told me about such "gray areas", but you are right, without lawyer it might be difficult to figure such things out, since it is so complicated. I know that his oldest, the daughter (15-16) carries his last name. I don't know if his sons have his name though. I will ask about those things tomorrow when we are on the phone again. All those things are stressing him right now, lots of work etc. but I can't figure it out. I don't even know if he still has parental rights. I read about it and you can lose it, if you are always away and don't really have a relationship to your children. Well, that applies to his situation perfectly. I don't know much about his children, since they are no part in his life, unfortunately, but I'll see what I can find out. Someone knows a good lawyer to ask for this situation?

Don't listen to people who are trying to figure out ways for him to get away with lying about how many children he has. Lying on an immigration form or to an immigration officer is a serious offence. If he has three children, he has three children. Are you going to lie about this yourself when a Consular officer asks you how many children your fiance has? No? That's what I thought. Ignore the nonsense.

[aaron2020 11,651]

Look at the I-864. Look at the part on how to calculate the hosehold count. He must count his minor children. Whether he claims them as dependents is irrelevant. Stop this nonsense about "gray areas" and whether he is listed as the father on the birth certificates. The I-864 household count must include his minor children.

Edited February 26, 2012 by aaron2020

[pushbrk 12,822]

Look at the I-864. Look at the part on how to calculate the hosehold count. He must count his minor children. Whether he claims them as dependents is irrelevant. Stop this nonsense about "gray areas" and whether he is listed as the father on the birth certificates. The I-864 household count must include his minor children.

Correct, which is why I wrote in post 3 of this thread, "Since the interviewing officer is likely to ask about the children and their ages, they are probably going to consider all of them who are under 21 in their own calculation of household size. If your US fiance doesn't have enough income to qualify for a household of 5, it could be a problem. Otherwise, no issue. "

This is BECAUSE the Consular officer knows what the upcoming I-864 will require, and that the I-134 is just a tool.