Taxes , income requirements

[surfsc101 0]

I have applied  for a K-1 visa for my loving fiance whom i have seen 3 times in this last year.  She is from the Philippines I am from California. Now my question is this I have two children Which I do not claim on taxes. Do I need to show on the income requirements do  that  I do or do not support them I do pay child support on one child because I have her only 33% of the time my other child I do not pay any supports because I have him 50% of the time like I said though I do not claim either one on my tax information. So what is my income requirement. And what will be my income requirement when we adjust her status for a green card? Thank you very much will you all be blessed and good luck in this journey

Edited February 17, 2018 by surfsc101

[Nitas_man 3,100]

14 minutes ago, surfsc101 said:

I have applied  for a K-1 visa for my loving fiance whom i have seen 3 times in this last year.  She is from the Philippines I am from California. Now my question is this I have two children Which I do not claim on taxes. Do I need to show on the income requirements do  that  I do or do not support them I do pay child support on one child because I have her only 33% of the time my other child I do not pay any supports because I have him 50% of the time like I said though I do not claim either one on my tax information. So what is my income requirement. And what will be my income requirement when we adjust her status for a green card? Thank you very much will you all be blessed and good luck in this journey

The I-864 instructions require you to include all of your children in your household size if they are under 21 and you claim them or if they have reached legal majority in their state (usually 18) and you do not claim them. 

 

So your household size would be (4) assuming your children are under age of majority (usually 18) whether you claim them or not.

 

Item Number 4. Enter the number of unmarried children you have who are under 21 years of age, even if you do not

have legal custody of these children. You may exclude any unmarried children under 21 years of age, if these children

have reached majority under the law of their place of domicile and you do not claim them as dependents on your Federal

income tax returns.

[surfsc101 0]

6 minutes ago, Nitas_man said:

The I-864 instructions require you to include all of your children in your household size if they are under 21 and you claim them or if they have reached legal majority in their state (usually 18) and you do not claim them. 

 

So your household size would be (4) assuming your children are under age of majority (usually 18) whether you claim them or not.

 

Item Number 4. Enter the number of unmarried children you have who are under 21 years of age, even if you do not

have legal custody of these children. You may exclude any unmarried children under 21 years of age, if these children

have reached majority under the law of their place of domicile and you do not claim them as dependents on your Federal

income tax returns.

Thank you Nitas_Man so I will claim them on the affidavit of support ? And do you happen to know my 2018 income requirements? Also does Manila Except cosponsorship. As I read that one of the only consulates  in the world that does not except cosponsorships for a K-1 visa. Thank you

Edited February 17, 2018 by surfsc101

[payxibka 10,047]

6 minutes ago, Nitas_man said:

The I-864 instructions require you to include all of your children in your household size if they are under 21 and you claim them or if they have reached legal majority in their state (usually 18) and you do not claim them. 

 

So your household size would be (4) assuming your children are under age of majority (usually 18) whether you claim them or not.

 

Item Number 4. Enter the number of unmarried children you have who are under 21 years of age, even if you do not

have legal custody of these children. You may exclude any unmarried children under 21 years of age, if these children

have reached majority under the law of their place of domicile and you do not claim them as dependents on your Federal

income tax returns.

He's isn't preparing the I-864 but the I-134 for the Embassy K-1

1 minute ago, surfsc101 said:

Thank you Nitas_Man so i fo claim them on the affidavit of support ? And do you happen to onow my 2018 income requirements? Also does Manila Except cosponsorship. As I read that one of the only conflict in the world that does not except cosponsorships for a K-1 visa. Thank you

Go to the Philippines regional forum.  You will get the correct answers for Manila

[Nitas_man 3,100]

41 minutes ago, payxibka said:

He's isn't preparing the I-864 but the I-134 for the Embassy K-1

 

He has to list them.  Even if he checks "partially dependent".  The CO is already looking at the I-129F.  Children (petitioner's) under 18 are already listed on question 48, ages are question 49A/B (or at least they are supposed to be). 

 

So what now?  List them in the I-129F, omit them in the I-134, then re-list them in the I-864?  Not smart.  Household size is material to eligibility for the immigration benefit.  Know what that I-134 says happens if you omit a material fact?  It'll be caught before the interview is even scheduled no matter what kind of a day the CO is having.

 

My advice is to list them.  They will eventually be counted in household size anyway.

 

56 minutes ago, surfsc101 said:

Thank you Nitas_Man so I will claim them on the affidavit of support ? And do you happen to know my 2018 income requirements? Also does Manila Except cosponsorship. As I read that one of the only consulates  in the world that does not except cosponsorships for a K-1 visa. Thank you

I really cannot answer the question on Manila.  Sorry

[payxibka 10,047]

2 minutes ago, Nitas_man said:

He has to list them.  Even if he checks "partially dependent".  The CO is already looking at the I-129F.  Children (petitioner's) under 18 are already listed on question 48, ages are question 49A/B (or at least they are supposed to be). 

 

So what now?  List them in the I-129F, omit them in the I-134, then re-list them in the I-864?  Not smart.  Household size is material to eligibility for the immigration benefit.  Know what that I-134 says happens if you omit a material fact?  It'll be caught before the interview is even scheduled no matter what kind of a day the CO is having.

 

My advice is to list them.  They will eventually be counted in household size anyway.

 

I really cannot answer the question on Manila.  Sorry

I wasn't suggesting he not list them, I was only suggesting you were potentially telling him to prepare the wrong affidavit

 

OP:

 

Go to the Philippines Regional Forum for Manila specific questions.  You will get the right answer quicker than in the general forum

[Nitas_man 3,100]

1 minute ago, payxibka said:

I wasn't suggesting he not list them, I was only suggesting you were potentially telling him to prepare the wrong affidavit

 

OP:

 

Go to the Philippines Regional Forum for Manila specific questions.  You will get the right answer quicker than in the general forum

The I-134 is unclear about household size and children.  The I-864 instructions are more specific.

I did not suggest he prepare one, I simply pasted the content from the instructions pertinent to the specific areas of his question.  Ultimately he will need to overcome those requirements and they do not care about partial or full dependence on support.  They definitely get counted in household size.

Thanks