Affidavit of Support, responsibility and child

[DonnaBee 0]

I have a question and after reading so much on it, it just left me confused. I married a man who's working in Canada (federal job)he intends to keep his job there after we send inthe paper work and he moves here. He has a child from a previous relationship that was born inthe U.S already. We are going to use his income on the support affidavit. Do we need to claim my step son/his son as a part of our household since he does pay child support to his son? (I would think so) I know because we use his income it doesnt require him to sign the affidavit of support, but since I rely on him to pay his obligation to his child and he does support him will he have to then? \

Thanks so much!

[Cathi 5,792]

You cannot use your husband's income from another country on the affidavit of support

[DonnaBee 0]

Yes I can : Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident.

[Anh map 2,098]

The form instructions only mention children accompanying the immigrant. Though it would be reasonable if a CO would count a USC dependent child currently residing in the US with the other parent in the household number, it is not specifically mentioned.

Not sure if I've seen this type of situation mentioned here on VJ.

If the household count is increased by one does your combined income meet the requirement? If yes, nothing to really worry about. If not, might be worth running the question by an immigration attorney or making an InfoPass appointment at the local USCIS office to ask.

Please post what you find out so that other members can learn from your experience.

Edited June 24, 2012 by Anh map

[DonnaBee 0]

I will continue to look into it and post back, thanks for above reply

[DonnaBee 0]

I called the USCIS and was informed that:

1. To use the intending immigrants income the sponsor has to claim hardship and its very difficult to get approved for that. I know this can be as confusing for some as it was for me cause some things state: As long as your married you can use the intending immigrants income regardless of residence as long as the his/her job continues. USCIS said theres no guarentee it would so I cant the only option is to fill out paper work for Hardship.

2. I do not have to claim the step child as part of the household only those on my tax return or those that are dependant on me, but the intending immigrant does need to fill out paper work to show he does have a U.S child and does support him.

Hope this helps others thanks!

[JimVaPhuong 4,863]

I called the USCIS and was informed that:

1. To use the intending immigrants income the sponsor has to claim hardship and its very difficult to get approved for that. I know this can be as confusing for some as it was for me cause some things state: As long as your married you can use the intending immigrants income regardless of residence as long as the his/her job continues. USCIS said theres no guarentee it would so I cant the only option is to fill out paper work for Hardship.

This is dead wrong. This is why you shouldn't depend on information from the customer service reps who answer the phones at USCIS. They don't know what they're talking about. What was recommended to you was to make an InfoPass appointment at your local USCIS field office. The customer service people at the field office are more knowledgeable (though they also make mistakes), and you can also ask to speak with an immigration officer who will know the right answer about 95% of the time. The people who answer the customer support telephone line aren't even USCIS employees. They're hired contractors.

There is no hardship waiver or application associated with the affidavit of support. It simply doesn't exist.

This is what the Adjuducators Field Manual has to say about using the intending immigrant's income:

If the sponsor does not meet the income requirement on the basis of his or her own income and/or assets, the sponsor may also count the intending immigrant’s income if (1)(a) the intending immigrant is either the sponsor’s spouse or (b) has the same principal residence as the sponsor, and (2) the preponderance of the evidence shows that the intending immigrant’s income results from the intending immigrant’s lawful employment in the United States or from some other lawful source that will continue to be available to the intending immigrant after he or she acquires permanent resident status. The prospect of employment in the United States that has not yet actually begun does not count toward meeting this requirement.

There is an additional exclusion in the AFM that prevents an IO from considering the intending immigrant's income if that income is derived from unlawful employment in the United States. There is nothing in the AFM which prohibits considering the intending immigrant's foreign derived income, and the paragraph above is clear that the income does not necessarily have to be derived from employment in the US. It can be derived from "some other lawful source".

2. I do not have to claim the step child as part of the household only those on my tax return or those that are dependant on me, but the intending immigrant does need to fill out paper work to show he does have a U.S child and does support him.

Hope this helps others thanks!

At least this part was correct. Your husband might be obligated to support his child, but you are not. The child shouldn't be included as a household member on the affidavit of support.

[DonnaBee 0]

I did talk to them also and unfortunatly they were not much help. See my husband is a customs border agent also and works with these people in my area is Helena. We still got different answers from them. SO we gave up and We are going to move the other direction or atleast I am so much easier. Thank you all so much for all your time and help!!!!

[vk2947 0]

This is dead wrong. This is why you shouldn't depend on information from the customer service reps who answer the phones at USCIS. They don't know what they're talking about. What was recommended to you was to make an InfoPass appointment at your local USCIS field office. The customer service people at the field office are more knowledgeable (though they also make mistakes), and you can also ask to speak with an immigration officer who will know the right answer about 95% of the time. The people who answer the customer support telephone line aren't even USCIS employees. They're hired contractors.

There is no hardship waiver or application associated with the affidavit of support. It simply doesn't exist.

This is what the Adjuducators Field Manual has to say about using the intending immigrant's income:

If the sponsor does not meet the income requirement on the basis of his or her own income and/or assets, the sponsor may also count the intending immigrant’s income if (1)(a) the intending immigrant is either the sponsor’s spouse or (b) has the same principal residence as the sponsor, and (2) the preponderance of the evidence shows that the intending immigrant’s income results from the intending immigrant’s lawful employment in the United States or from some other lawful source that will continue to be available to the intending immigrant after he or she acquires permanent resident status. The prospect of employment in the United States that has not yet actually begun does not count toward meeting this requirement.

There is an additional exclusion in the AFM that prevents an IO from considering the intending immigrant's income if that income is derived from unlawful employment in the United States. There is nothing in the AFM which prohibits considering the intending immigrant's foreign derived income, and the paragraph above is clear that the income does not necessarily have to be derived from employment in the US. It can be derived from "some other lawful source".

At least this part was correct. Your husband might be obligated to support his child, but you are not. The child shouldn't be included as a household member on the affidavit of support.

Sorry to jump in....just to clarify...

The intending immigrant's US dependent ( who lives with married couple ) does not have to be included in the household? What if that child is claimed on the intending immigrant's taxes?