Income Requirements and Child Support

[Toby and Quennie 4]

For 2013 and 2014...I was self employed. I had a failed trucking business, so my annual income was under the poverty guidelines. However, for 2015, my income was above the poverty guidelines. I have since closed my business, and started working for a large corporation. My income will be about 3 times the poverty numbers. Are the 2013 and 2014 numbers going to make it impossible to get approval to bring my wife to the US? I just received our NVC Welcome letter and am a little worried about the income requirements!

Also, I pay $550 per month in child support. Will this be considered when theylook at my income? Or will they expect my income to reach 125% of the guideline for myself+any child support that I pay?

How do they consider my child support?

Thanks,

Toby

[Merrytooth 5,748]

Your child (under the age of majority, usually 18) is considered as part of your household size when calculating the 125% poverty level requirement.

Your current income is the most important if you can show proof ( e.g. a letter from you employer and most recent pay stubs) that you are way above 125% requirement.

[Jojo92122 1,924]

Your current income is what is considered. Your 2013 and 2014 tax returns will not make it impossible to bring your wife to the US. Since you've had a change in circumstances, they will not be held against you.

Child support is an expense, so it's not considered on the I-864 since it's not income to you. Child support that you pay probably comes from your income, so you do not count it twice as income. You will need to count your child in your household for the I-864. You need to meet the 125% poverty line for a household of 3 (you, wife, and child) based on your income.

(Ignore what you pay for child support. It does not go onto the I-864.)

[Toby and Quennie 4]

Just to clarify...

My son lives with his mother, and I pay child support to the state. The state in turn pays his mother. She claims him on her taxes as a dependent....I do not. So, do I still list him as a dependent in my household?

Thanks for your responses.

Much appreciated,

Toby

[Merrytooth 5,748]

Yes, you have to count him in your household size regardless whether he lives with you or claim him under taxes.

[Jojo92122 1,924]

Your son is a part of your household for the I-864. You have a legal obligation to support him, so you must count him in your household for the Affidavit of Support. It doesn't matter if he does not live with you or that his mom claims him on her tax return, you still have a legal obligation to support him. Hope that make sense.

[Toby and Quennie 4]

Ok. Thank you so very much for your help.

One other question. Since only my current income will be considered, should I wait until I get my W2 for 2016 to make things easier, provide pay stubs to support my income, provide a letter from my employer regarding my income, or just go ahead and file using my 2015?

Thanks,

Toby

[Tahoma 2,292]

File now. Your current pay stubs and your employer's letter will almost certainly show that your current sustained income exceeds the poverty level for your household size.

[Toby and Quennie 4]

Problem is I filed an extension for 2015....so they have not been finalized. I'll put the 2015 in the mail on October 14th. So, can I file without it? I'm confused. hahahaha

[Tahoma 2,292]

You need to file your 2015 income tax return first.

[Jojo92122 1,924]

You can file the I-130 without your 2015 tax return. You do not need to file your tax return first.

Filing the I-130 does not require you to provide your 2015 tax return. Your 2015 tax return is not needed when you file the I-130.

It will take several months for the I-130 to be approved and forwarded to the NVC. At the NVC, you will need your 2015 tax return for the I-864. This point will be well past when you will file your 2015 tax return.

[Tahoma 2,292]

You can file the I-130 without your 2015 tax return. You do not need to file your tax return first.

Filing the I-130 does not require you to provide your 2015 tax return. Your 2015 tax return is not needed when you file the I-130.

It will take several months for the I-130 to be approved and forwarded to the NVC. At the NVC, you will need your 2015 tax return for the I-864. This point will be well past when you will file your 2015 tax return.

I believe he's already filed the I-130 and he's at the NVC stage.

[Toby and Quennie 4]

Yes. I130 approved. Received by NVC. Paid my first fee today. Getting prepared to complete the DS-260.

[Jojo92122 1,924]

Ah. Thank you Tahoma.