Finally waiting for interview date, but I need your help with affidavits support question?

[kisha12 0]

First and for most I cannot thank you enough the form and the form members for the wealth of information and help I have been getting. Now, I am at interview stage and the question I need your help, is I am sponsoring my spouse only in my affidavit support, but we have two children who are born abroad US citizens with USA passport and live with my spouse abroad since they were born, however do not need petition. So, the question I have is that, my income is good enough to sponsor my spouse, but falls short if my children are added to wards of family size for sponsoring purpose? In my tax I claimed single since I was told by tax service I can only do so. So, the question is do my US citizens children also counts as my house hold members even though they don't live with me and are not included in my tax too? So, do I need joint sponsor and if so, how does it work? Thank you in advance for your help and I look forward to your help if anyone knows or have been gone through that route?

Edited April 29, 2014 by kisha12

[squirrelisan 23]

I'm not a lawyer or accountant...but pretty sure it's a no, as long as that child wasn't living with you for more than half of the year, not providing monetary support, etc.

http://www.irs.gov/publications/p17/ch03.html

Look at the section named "Tests To Be a Qualifying Child"

[kisha12 0]

By the way, my case dragged for over a year because I requested change of embassy, but to make long and frustrating story short, back then by income was above and beyond to meet and sponsor four people, but after all the wait at nvc for change of US embassy for almost two years, the circumstance and my income changed to just to sponsor two, but not three? However, even if can sponsor to two, how can I get a joint sponsor the rest if the petition is only for one person?

[kisha12 0]

I'm not a lawyer or accountant...but pretty sure it's a no, as long as that child wasn't living with you for more than half of the year, not providing monetary support, etc.

http://www.irs.gov/publications/p17/ch03.html

Look at the section named "Tests To Be a Qualifying Child"

Thank you for the reply. That's what my layman thinking telling me too, but I am too scare to be told otherwise at the interview. Once again, I greatly appreciate your help.

[squirrelisan 23]

Hmm...yea I'm not sure but I see your problem. Not sure if this is a good idea, but could your children stay with a relative temporarily while the visa is being processed? Since your children are already US citizens you don't have to sponsor them in the application, and b/c they are elsewhere, your household size will still be 2?

I think somebody else smarter than me will need to weigh in, as I am decidedly out of my depth here on this one.

[kisha12 0]

Hmm...yea I'm not sure but I see your problem. Not sure if this is a good idea, but could your children stay with a relative temporarily while the visa is being processed? Since your children are already US citizens you don't have to sponsor them in the application, and b/c they are elsewhere, your household size will still be 2?

I think somebody else smarter than me will need to weigh in, as I am decidedly out of my depth here on this one.

You are right. That's exactly the problem I am facing with. It's not as easy as it seems, and I hope someone in here knows what best route I need to take.

[kisha12 0]

I hope someone knows the answer or have had past experience that relates to my case. I come so far and I want prepare for it and avoid any ground for visa denial or delay? Time is the essence.

[pushbrk 13,031]

The form indicates, "If you have dependent children, enter number here." If that's all you look at, you might decide since they are not "dependent" on YOU on that date, you could enter zero. However, those evaluating the affidavit expect you to read the instructions, which on this subject say, "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."

You might try to ignore your children in your affidavit, but the Consular Officer definitely knows you have children, how many and their ages.

[kisha12 0]

The form indicates, "If you have dependent children, enter number here." If that's all you look at, you might decide since they are not "dependent" on YOU on that date, you could enter zero. However, those evaluating the affidavit expect you to read the instructions, which on this subject say, "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."

You might try to ignore your children in your affidavit, but the Consular Officer definitely knows you have children, how many and their ages.

You are absolutely right. As you have rightly stated the Consular officer knows, but the question, is do I need to meet income requirement for my spouse, the beneficiary, and my two US citizen children? If so, since my income is only good enough to sponsor for two, how can overcome it? I can get joint sponsor but since my children are US Citizens and hence do not need a sponsor since there is no petition for them? Or do I need someone who can be a joint sponsor whose income meets for the primary applicant, my spouse, as well as my US Citizen children? It's confusing .Thank you and I always admire you for you being always there to help. I am the beneficiary of your help all along since I started this journey.

Edited April 29, 2014 by kisha12

[pushbrk 13,031]

Any joint sponsor would sponsor only your spouse, so they must qualify for their own household plus the one immigrant. Your children are not part of the joint sponsor's household.

Whether the Consular Officer will require a joint sponsor in your case is a judgment call. If it were me, I would, because upon your husband's immigration, they will be in your household to be "supported".

Edited April 29, 2014 by pushbrk

[kisha12 0]

Any joint sponsor would sponsor only your spouse, so they must qualify for their own household plus the one immigrant. Your children are not part of the joint sponsor's household.

Whether the Consular Officer will require a joint sponsor in your case is a judgment call. If it were me, I would, because upon your husband's immigration, they will be in your household to be "supported".

Thank you, pushbrk! I will play it safe and I am going to have a joint sponsor whose income is good enough meets to all, though technically sponsoring just the applicant?.

Edited April 29, 2014 by kisha12