Is this a problem?

[Beautifulday 16]

1. My fiance, a US citizen, is currently living with his mom and a few other family members, I am actually here with them as I write this, he helps her pay the rent and the bills. We were planning on moving and getting our own place after I get here and can stay here for good, don't think there's a point for him to get a place to live by himself til then. Will or can this affect the aos thing?

2. My fiance claimed his nephew on his taxes. Can this affect anything?

3. My fiance has bad credit, can this affect anything?

Thanks

[Penguin_ie 5,993]

1. It is totally fine for you to live with his family until you get your own place.

2. Yes, he will need to count the nephew as part of his household for the 125% poverty line.

3. No, unless he hasn't paid his taxes.

[Beautifulday 16]

1. It is totally fine for you to live with his family until you get your own place.

2. Yes, he will need to count the nephew as part of his household for the 125% poverty line.

3. No, unless he hasn't paid his taxes.

2. I'm not sure what this means exactly... Can you explain it better? What can be done about this so that it won't affect the fiance visa?

[Penguin_ie 5,993]

Your fiance will need to show a certain amount of income for both the K1 and later for Adjustment of Status. Because your fiance claimed his nephew as a dependant, that child is consdiered part of his household. So instead of it being 2 (you and your fiance), it is 3 (you, your fiance and his nephew). That is of course assuming your fiance has no kids or other dependents.

The poverty guidelines can be found here; http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

[Beautifulday 16]

Your fiance will need to show a certain amount of income for both the K1 and later for Adjustment of Status. Because your fiance claimed his nephew as a dependant, that child is consdiered part of his household. So instead of it being 2 (you and your fiance), it is 3 (you, your fiance and his nephew). That is of course assuming your fiance has no kids or other dependents.

The poverty guidelines can be found here; http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

So what this means is basically that my fiance has to prove and show them that he makes enough money to support all three of us, right?

[Penguin_ie 5,993]

yes

[Beautifulday 16]

yes

I'm not sure how this works. He tried to explain but it makes no sense. He's saying that he claimed him for last year... He filled it this year but he's telling me that his nephew isn't included in his household this year...

[Harpa Timsah 13,258]

How can he claim a nephew on his taxes? Does he have custody? Where are the kid's parents?

[Zedayn 485]

How can he claim a nephew on his taxes? Does he have custody? Where are the kid's parents?

I was wondering the same thing. Any dependents listed on your fiancé's tax return MUST be included in the household size.

[Beautifulday 16]

I was wondering the same thing. Any dependents listed on your fiancé's tax return MUST be included in the household size.

But this was for last year and he isn't doing this this year..

[Harpa Timsah 13,258]

But this was for last year and he isn't doing this this year..

Makes no difference. Still needs to be counted.

[Beautifulday 16]

Makes no difference. Still needs to be counted.

OK. Just wanted to make sure as i saw somebody say something bout this in another thread.

[Beautifulday 16]

How can he claim a nephew on his taxes? Does he have custody? Where are the kid's parents?

he's Been taking care of him Edited April 7, 2014 by Beautifulday

[KayDeeCee 4,893]

It is about who was claimed on the most recent tax return, which will be the 2013 tax year. Did he claim the child on his 2013 taxes? If yes, then he needs to be counted, if no, then he is not counted.

[Beautifulday 16]

It is about who was claimed on the most recent tax return, which will be the 2013 tax year. Did he claim the child on his 2013 taxes? If yes, then he needs to be counted, if no, then he is not counted.

So if he makes less than what the thing says then we r getting denied?