i need advice or a weathly relative

[TRKCKL11 0]

Hi everyone. Ok now I'm really Stressing out here. Heres the situation my 2 kids and i are k3/k4 my husband is a divorced father of 6. he pays 300.00/ month child support, 3 of his kids live with the ex his 17 year old lives with him, now with me there will be 5 in total living under our roof according t the 2007 guide he meets the requirement for 5 people, now if we have to include his other 3 kids that makes 8 dependents, so we would now need a co-sponser with a 62,000/year income.Is there any way we can exclude his kids??? I'm really scared we'll have to go back to canada and never be able to have a life together.

[Amby 490]

I don't know the answer to this question but I really do wish you both the best of luck. Hope everything works out for the best!

I thought of something I don't know if it's the right answer though. My stepdad has 3 kids and since their mother claims them on her taxes as her dependents he cannot state they are his dependents even though he pays the child support for them. Anyone else???

Edited April 27, 2007 by Amber&Neil

[john_and_marlene 162]

Yes, he has to include the other 3 kids for a total of 8.

[doodlebug 3]

How on earth does he only pay $300/month for all those kids????

[TRKCKL11 0]

He lives in Idaho and i think child support is based on both parents income, oops corrction he pays 394.00/ month it drops as every child turns 18. his ex claims the kids.I guess the only alternative now is to find a place in B.C. then at least we are only a few hours away from each other.

[john_and_marlene 162]

I thought of something I don't know if it's the right answer though. My stepdad has 3 kids and since their mother claims them on her taxes as her dependents he cannot state they are his dependents even though he pays the child support for them. Anyone else???

The instructions for completing the I-864 specifically state that you must include any children under 18, even if they don't live with you and you do not claim them on your tax return.

[ssica_molanay 0]

I have three children and my ex payes me child support when i submitted my aos it was the same time i was getting my taxes done my ex asked to claim one of our girls so i asked my tax preperer if he could he said sure but you cannot claim her as a dependent anywhere. when i sent in the paperwork i sent in three years of tax returnes she was on two not on the last. I was never questioned and we where approved for AOS. As i unsderstood the law two people cannot claim the same person as a dependent however i could be wrong the best thing for you do is just cal them and ask to be sure

[john_and_marlene 162]

I have three children and my ex payes me child support when i submitted my aos it was the same time i was getting my taxes done my ex asked to claim one of our girls so i asked my tax preperer if he could he said sure but you cannot claim her as a dependent anywhere. when i sent in the paperwork i sent in three years of tax returnes she was on two not on the last. I was never questioned and we where approved for AOS. As i unsderstood the law two people cannot claim the same person as a dependent however i could be wrong the best thing for you do is just cal them and ask to be sure

The question here is not whether the children are claimed on the tax return, but how many are counted in household size when completing the I-864. The instructions for the I-864 tell you how to count children that are not claimed as dependents on your ITR. If they are under 21, they count.

Edited April 27, 2007 by john_and_marlene

[meauxna 15]

I have three children and my ex payes me child support when i submitted my aos it was the same time i was getting my taxes done my ex asked to claim one of our girls so i asked my tax preperer if he could he said sure but you cannot claim her as a dependent anywhere. when i sent in the paperwork i sent in three years of tax returnes she was on two not on the last. I was never questioned and we where approved for AOS. As i unsderstood the law two people cannot claim the same person as a dependent however i could be wrong the best thing for you do is just cal them and ask to be sure

The question here is not whether the children are claimed on the tax return, but how many are counted in household size when completing the I-864. The instructions for the I-864 tell you how to count children that are not claimed as dependents on your ITR. If they are under 21, they count.

I wonder if this changed in the new Final Rule last summer... I don't ever remember reading it this way before!

ack

http://www.uscis.gov/files/form/I-864.pdf

21d - 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 th elaw of their place of domicile and you do not claim them as dependents on your income tax returns.

I guess if there were kids 18+ y/o who were not being claimed as dependants, that would be the only way to not have to count them?

So this leaves the new Sponsor household as:

Self + 6 US kids + OP + her 2 kids = 10 not 8, right?

PG income required = $51,912

OP says her spouse can meet the PG for 5, so round that out to Gross Income of $32,000 & there's a shortfall of +/- 20,000 in income. That can be satisfied with 3X assets (at least for the spouse's sponsorship) at $60K worth of assets.

Also, OP, you're here on a K-3 visa--you do not have to file for AOS immediately. As said, you can start working and add your income into the household.

I'm sure there is more to this answer too.. don't give up hope; keep looking for solutions!

Edited April 28, 2007 by meauxna

[Ngoc-Anh 1]

Do you know anyone that can be your co-sponsor>?