K1 Visa Application & Child Support Arrears

[Nozza89 0]

Hi everyone,

I have a quick question in relation to the k1 application process. My fiance is the Us citizen and we are planning on submitting our application when I visit in August. I just have a quick question in relation to the part of the application where the USC lists dependants, so without going into too much detail ill try and explain why we are unsure what to put down.

My fiance had a child with his first wife a good few years ago.... Due to a long list of circumstances out of his control  an amount of arrears built up along with him being asked to sign over his rights as the child was never told he was the father( the childs mother remarried and moved abroad as her new husband was stationed abroad  in the military). Anyway, he has been steadily paying off the arrears over the last two years and is in the process of having the whole amount re-adjusted due to the original amount being extortionate. My question is..considering it is arrears and not current Cs he is paying, and technically she is no longer his child, do we list the child as a dependant/ partial dependant or not at all and just list the debt and attach a letter or something explaining the circumstances?  sorry for such a long winded question I just wanted to explain it as best I could. 

[fip & jim 452]

You put the truth. She will always be his child. How can someone can "technically" no longer be his child? He is either her biological father, or he is not. If you don't put the truth it is fraud. Missing out information or deliberately lying will not be looked upon favourably and could lead to your application being denied or delayed. USCIS are not interested in opinions or emotions, they deal with facts. If he has a child then you put it on the form. Whether she is dependent on him is a separate matter. You will have an opportunity to explain the circumstances within the process as you are required to submit financial evidence. Your fiance will have to sign an affadavit of support to prove he can financially support you. 

Edit: Not having "parental responsibility" does not negate paternity. 

Edited May 30, 2018 by fip & jim

[debbiedoo 2,339]

Did he sign over his parental rights? I would say no since he is paying child support.

 

Therefore, s/he is still his child and has to be reported.

 

now, it wont count for household size since he doesnt claim the child on his taxes and s/he doesnt live with him

 

 

[Nozza89 0]

3 minutes ago, fip & jim said:

You put the truth. She will always be his child. I don't understand how someone can "technically" no longer be his child. He is either her father, or he is not. If you don't put the truth it is fraud. As part of the process you will have to submit an affadavit of support, which is legally binding. Missing out information or deliberately lying will not be looked upon favourably and could lead to your application being denied or delayed. USCIS are not interested in opinions or emotions, they deal with facts. If he has a child then you put it on the form. Whether she is dependent on him is a separate matter, one that you will have an opportunity to explain within the process. 

We have no intention of trying to lie or anything like that, of course she will always be his child but he signed over his rights and she has been adopted by his ex wife's husband. The payments he has been paying are arrears, he is not required to pay current anymore since the adoption went through. We intend on being fully upfront on everything throughout this process. 

[Nozza89 0]

4 minutes ago, debbiedoo said:

Did he sign over his parental rights? I would say no since he is paying child support.

 

Therefore, s/he is still his child and has to be reported.

 

now, it wont count for household size since he doesnt claim the child on his taxes and s/he doesnt live with him

 

 

Yes he did and the child was adopted by his ex wife's husband. He is not paying current child support, just arrears. We are just unsure whether the child in question should still be listed as a dependant if she has been adopted and he has signed his rights over.

[debbiedoo 2,339]

hmmm interesting.

 

was the childs birth certificate modified after the adoption to reflect the adoptive fathers name?

 

(one of) my moms ex husbands adopted me, and its his name listed on my birth certificate and what i used for my bio info on our application (even though im not in contact with him really, and am closer to my bio father, who i didnt even know until i was in my 30s)

 

what i might do, is in the space for childrens names, put 'see attached' and attach a page detailing the situation and providing copies of the adoption papers, etc to verify the situation. that way, youre being honest, but also providing all the details.

[fip & jim 452]

Then you will be required to prove she is no longer dependent on him. So, yes, gather all the information required now to avoid USCIS asking for additional information later down the line and submit it from the beginning. If your fiances finances will look healthier once the debt has been re-adjusted then consider delaying applying until then. 

[Nozza89 0]

13 minutes ago, debbiedoo said:

hmmm interesting.

 

was the childs birth certificate modified after the adoption to reflect the adoptive fathers name?

 

(one of) my moms ex husbands adopted me, and its his name listed on my birth certificate and what i used for my bio info on our application (even though im not in contact with him really, and am closer to my bio father, who i didnt even know until i was in my 30s)

 

what i might do, is in the space for childrens names, put 'see attached' and attach a page detailing the situation and providing copies of the adoption papers, etc to verify the situation. that way, youre being honest, but also providing all the details.

Thank you for your help.  Im looking forward to having this thing submitted, the whole process seems so daunting, but I know it will be worth it. 😊 

[Nozza89 0]

23 minutes ago, fip & jim said:

Then you will be required to prove she is no longer dependent on him. So, yes, gather all the information required now to avoid USCIS asking for additional information later down the line and submit it from the beginning. If your fiances finances will look healthier once the debt has been re-adjusted then consider delaying applying until then. 

Perfect..thank you for your help and input. I will tell my fiance to start gathering everything. His finances as it stands are well above the required amount so we are not worried about that it was just what to say on the application. Also, would his household size be 1 or 2 for me and him?  Would this also get linked in with him showing proof that he no longer has dependants?  I'm sorry for all the questions, I'm just trying to get everything right first go to avoid delays. Thanks again 

[fip & jim 452]

You answer the questions as the situation is at the time of applying. I know it seems daunting but take time & care in anwering the questions. It is worth taking time out & going back over the forms later if you feel overwhelmed. It is difficult & stressful when you feel so much is at stake but for the initial K1 application they want to know if you are who you claim to be, if your fiance is in a position to support you & if you are free to marry. If his debt doesn't reduce his income to below the guidelines USCIS use then there shouldn't be a problem. 

[Nozza89 0]

6 minutes ago, fip & jim said:

You answer the questions as the situation is at the time of applying. I know it seems daunting but take time & care in anwering the questions. It is worth taking time out & going back over the forms later if you feel overwhelmed. It is difficult & stressful when you feel so much is at stake but for the initial K1 application they want to know if you are who you claim to be, if your fiance is in a position to support you & if you are free to marry. If his debt doesn't reduce his income to below the guidelines USCIS use then there shouldn't be a problem. 

From everything I've read, his CS arrears aren't taken into account when establishing if he is above the required amount of income ( the lump sum of debt isn't deducted from his yearly gross income). I could be wrong but that's the impression I got from reading posts on CS arrears and meeting the income requirements. 

[fip & jim 452]

I don't know how child support arrears are classified in the US, sorry. My fiance pays child support (as part of his divorce agreement) & that was taken in to account for the visa. Debts like car loan were not. 

[debbiedoo 2,339]

1 hour ago, Nozza89 said:

Perfect..thank you for your help and input. I will tell my fiance to start gathering everything. His finances as it stands are well above the required amount so we are not worried about that it was just what to say on the application. Also, would his household size be 1 or 2 for me and him?  Would this also get linked in with him showing proof that he no longer has dependants?  I'm sorry for all the questions, I'm just trying to get everything right first go to avoid delays. Thanks again 

2 for you and him

[Mrsjackson 300]

7 hours ago, debbiedoo said:

Did he sign over his parental rights? I would say no since he is paying child support.

 

Therefore, s/he is still his child and has to be reported.

 

now, it wont count for household size since he doesnt claim the child on his taxes and s/he doesnt live with him

 

 

It does count as household size. Just because the child does not live with the father or is not claimed on his tax return, does not mean he/she is not counted as a dependent on I 134. I 134 instructions state that petitioners must list all dependents on tax returns as well as all children (whether they are claimed as dependents at tax time or not). 

[SvetlanaKhachatur 56]

I worked for child support services in Sacramento County for 14 months, once a parent signs off parental rights and another adopts, the child is no longer legally your dependent, so you can't claim them on your taxes or as a dependent on any legal document from the date of the court order that takes away your parental rights, my advise is to list yourself and your partner for household, they will see arrears for past due child support and may request more info, so send copy of the court order that removes your parental rights, copy of adoption by other parent, and a cover letter explaining situation just to be safe.