I-134 child support

[NicolaBolton87 161]

For months I have been thinking that the income requirement side of things were okay. I've read a posts about how the requirement is the amount earned BEFORE tax/outgoings/bills etc but last night I read a few conflicting posts.

My fiancé makes over the 125% requirement BEFORE everything. So before tax, bills, and the one I'm most worried about: child support.

After child support is taken out each month he does not meet the 125% but still makes over the 100%.

Does anyone has past experience on this one and can tell me for certain whether it's before child support/taxes or after?

Thanks.

[payxibka 10,047]

3 minutes ago, NicolaBolton87 said:

For months I have been thinking that the income requirement side of things were okay. I've read a posts about how the requirement is the amount earned BEFORE tax/outgoings/bills etc but last night I read a few conflicting posts.

My fiancé makes over the 125% requirement BEFORE everything. So before tax, bills, and the one I'm most worried about: child support.

After child support is taken out each month he does not meet the 125% but still makes over the 100%.

Does anyone has past experience on this one and can tell me for certain whether it's before child support/taxes or after?

Thanks.

I had child support and spousal maintenance.  It is gross income not net income after deductions and expenses.  If it was net then most of us would be less than the poverty line

Edited March 26, 2018 by payxibka

[NicolaBolton87 161]

Just now, payxibka said:

It is gross income not net income after deductions and expenses.  If it was net then most of us would be less than the poverty line

Thank you so much

[Chris Duffy 1,257]

3 hours ago, payxibka said:

I had child support and spousal maintenance.  It is gross income not net income after deductions and expenses.  If it was net then most of us would be less than the poverty line

Spousal maintenance?  How long is or was that for? What was the monthly cost of that?  You are the first person I have heard having to pay spousal maintence

[payxibka 10,047]

30 minutes ago, Chris Duffy said:

Spousal maintenance?  How long is or was that for? What was the monthly cost of that?  You are the first person I have heard having to pay spousal maintence

$1,000 per mo. for 8 years.  Termination of a 21 year marriabge

[Chris Duffy 1,257]

17 minutes ago, payxibka said:

$1,000 per mo. for 8 years.  Termination of a 21 year marriabge

Wow

 

It wouldn't of been "Cheaper to Keep Her"?

 

No I understand why some men go missing

[Wuozopo 4,293]

3 hours ago, NicolaBolton87 said:

For months I have been thinking that the income requirement side of things were okay. I've read a posts about how the requirement is the amount earned BEFORE tax/outgoings/bills etc but last night I read a few conflicting posts.

My fiancé makes over the 125% requirement BEFORE everything. So before tax, bills, and the one I'm most worried about: child support.

After child support is taken out each month he does not meet the 125% but still makes over the 100%.

Does anyone has past experience on this one and can tell me for certain whether it's before child support/taxes or after?

Thanks.

 

For the purpose of immigration, look at Line 22 of the Form 1040 (tax return). That is the number they  count as income using the most strict rules  for the affidavit of support for those using the I-864 (spouse visas and adjustment of status).  If you meet those standards on your Fiance I-134 affidavit, then you are in good shape. 

 

(For tax form 1040A or 1040EZ, it's a different line number because they are shorter forms with less lines.)

[Ontarkie 14,565]

Also remember that the child(ren) are counted in household size even if they do not live with your fiance. 

[BJ & Christine 1,392]

6 hours ago, Chris Duffy said:

Spousal maintenance?  How long is or was that for? What was the monthly cost of that?  You are the first person I have heard having to pay spousal maintence

Spouse maintains is another word for spousal support. Lucky for me I only pay child support for another 18mo. 

[BJ & Christine 1,392]

I have to include my mother as part of household. Even tho she has her own income. But, she lives with me so according to government standards I have to include her has a dependent.

[Wuozopo 4,293]

6 hours ago, Nicman1977 said:

I have to include my mother as part of household. Even tho she has her own income. But, she lives with me so according to government standards I have to include her has a dependent.

If you don't provide over  half her support and claim her as a dependent on your tax return, she is not in your financial household for affidavit of support. 

[BJ & Christine 1,392]

Just now, Wuozopo said:

If you don't provide over  half her support and claim her as a dependent on your tax return, she is not in your financial household for affidavit of support. 

According to my lawyer since she lives in my home, I have to claim her as a dependent for visa purposes. For me it’s not a issue as my income more then covers my mother, twin daughters, Fiancé and myself. 

 

Me personally, since she’s in the home and could draw a red flag if not noted as living in home. I’d rather just have her on there and play it safe...

 

[Wuozopo 4,293]

3 hours ago, Nicman1977 said:

According to my lawyer since she lives in my home, I have to claim her as a dependent for visa purposes. For me it’s not a issue as my income more then covers my mother, twin daughters, Fiancé and myself. 

 

Me personally, since she’s in the home and could draw a red flag if not noted as living in home. I’d rather just have her on there and play it safe...

 

Fair enough. I went by the form instructions.

 

Part 5. Sponsor’s Household Size

Add together the number of persons for whom you are financially responsible.  

 

Item Number 5. Type or print the number of any other dependents. You must include each and every person whom you have claimed as a dependent on your most recent Federal income tax return, even if that person is not related to you. Even if you are not legally obligated to support that person, you must include the person if, in fact, you did support that person and claimed the person as a dependent. 

 

Item Number 7. This question gives you the option of including certain other non-dependent relatives who are living in your residence as part of your household size. Such relatives may include your mother, father, sister, brother or adult children, if they are living in your residence. However, the only reason to include these relatives in your household size is if you need to include their income when you calculate your household income for purposes of meeting the income requirement for this affidavit. To be considered, any relative included in this category must sign and submit Form I-864A, Contract Between Sponsor and Household Member. 

 

 

[BJ & Christine 1,392]

3 hours ago, Wuozopo said:

Fair enough. I went by the form instructions.

 

Part 5. Sponsor’s Household Size

Add together the number of persons for whom you are financially responsible.  

 

Item Number 5. Type or print the number of any other dependents. You must include each and every person whom you have claimed as a dependent on your most recent Federal income tax return, even if that person is not related to you. Even if you are not legally obligated to support that person, you must include the person if, in fact, you did support that person and claimed the person as a dependent. 

 

Item Number 7. This question gives you the option of including certain other non-dependent relatives who are living in your residence as part of your household size. Such relatives may include your mother, father, sister, brother or adult children, if they are living in your residence. However, the only reason to include these relatives in your household size is if you need to include their income when you calculate your household income for purposes of meeting the income requirement for this affidavit. To be considered, any relative included in this category must sign and submit Form I-864A, Contract Between Sponsor and Household Member. 

 

 

Thanks for this. Suppose I don't need to after all. 

[Chris Duffy 1,257]

8 hours ago, Wuozopo said:

Fair enough. I went by the form instructions.

 

Part 5. Sponsor’s Household Size

Add together the number of persons for whom you are financially responsible.  

 

Item Number 5. Type or print the number of any other dependents. You must include each and every person whom you have claimed as a dependent on your most recent Federal income tax return, even if that person is not related to you. Even if you are not legally obligated to support that person, you must include the person if, in fact, you did support that person and claimed the person as a dependent. 

 

Item Number 7. This question gives you the option of including certain other non-dependent relatives who are living in your residence as part of your household size. Such relatives may include your mother, father, sister, brother or adult children, if they are living in your residence. However, the only reason to include these relatives in your household size is if you need to include their income when you calculate your household income for purposes of meeting the income requirement for this affidavit. To be considered, any relative included in this category must sign and submit Form I-864A, Contract Between Sponsor and Household Member. 

 

 

Good to know for the future. I always assumed you didn't have to include them. 

 

Say for example you are renting a room from a person, you wouldn't need to include everyone living in that house