CR-1 spouse visa income requirements and dependants

[Owl112 0]

I am looking for advice about the income requirement for the US spouse visa.

My husband is American and I am English, we will be filing for the spouse visa for me to join him in the US, but we are a little worried about the income requirements he must meet. 

He makes the minimum income required, but he does have two children he pays child support to, I know these are classed as his dependants so was wondering if this effects the income requirement they ask for? 

We do not have any savings or property that could make up for an income shortage so our only other option would be finding a joint-sponsor. 

 

Any help or advice is appreciated. 

[Jeanne Adil 1,651]

be prepared with a joint sponsor   100% poverty now at K1 and 125% at AOS

also NVC looks at line 37 IRS returns (adjusted income) 

[EM_Vandaveer 2,417]

$31,375 for a household of 4 (which is the case here), unless he lives in Alaska or Hawaii.

Edited July 4, 2018 by EM_Vandaveer

[Crazy Cat 42,734]

34 minutes ago, Owl112 said:

I am looking for advice about the income requirement for the US spouse visa.

My husband is American and I am English, we will be filing for the spouse visa for me to join him in the US, but we are a little worried about the income requirements he must meet. 

He makes the minimum income required, but he does have two children he pays child support to, I know these are classed as his dependants so was wondering if this effects the income requirement they ask for? 

We do not have any savings or property that could make up for an income shortage so our only other option would be finding a joint-sponsor. 

 

Any help or advice is appreciated. 

What is his income?

[Owl112 0]

32 minutes ago, EM_Vandaveer said:

$31,375 for a household of 4 (which is the case here), unless he lives in Alaska or Hawaii.

The children do not live with him, hence the child support, so I'm not sure they are counted in the household? As they are just partially dependent. I could be wrong, but I am sure the 'household' would be those living within the home, which would be two. As I said, I could be wrong, but that's just the definition of 'household' I've always been taught. 

[GreatDane 366]

17 minutes ago, Owl112 said:

The children do not live with him, hence the child support, so I'm not sure they are counted in the household? As they are just partially dependent. I could be wrong, but I am sure the 'household' would be those living within the home, which would be two. As I said, I could be wrong, but that's just the definition of 'household' I've always been taught. 

Children, under 21, are counted regardless of where they are physically living.  (Note: this is just for these forms. For taxes, only one parent should claim them as dependents for tax purposes)

 

What is his income? 

Edited July 4, 2018 by GreatDane

[EM_Vandaveer 2,417]

22 minutes ago, Owl112 said:

The children do not live with him, hence the child support, so I'm not sure they are counted in the household? As they are just partially dependent. I could be wrong, but I am sure the 'household' would be those living within the home, which would be two. As I said, I could be wrong, but that's just the definition of 'household' I've always been taught. 

Like GreatDane said, it's immaterial where they live. For the purpose of I-864, they count as household members. You are looking at a household of 4. Alternatively, look for a joint sponsor. The joint sponsor has to prove income for their own household count PLUS one (you, the intending immigrant). They have to prove this amount on their own (or jointly with a their spouse who fills out an I-864A), they cannot combine their income with your fiancé's.

[Crazy Cat 42,734]

OP-  What is his yearly income?  With that information, the knowledgeable folks here can answer your question.

[EM_Vandaveer 2,417]

From the instructions for I-864 about calculating household size: "Type or print 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."