Will child support affect our K1 visa process?

[SMR&JDR 6]

Hello everyone! My USC fiancé has two children from a previous marriage and recently he got a court order that he'll be paying over half of his monthly income for child support. It was calculated that way because he isn't in their lives and living in California. The divorce took place in Texas and so the child support was calculated tax free where in California almost half of his salary is taken away as tax.

 

My question is, will this affect the K1 process for us and find him incapable of supporting me financially? He's barely surviving with what he's left with every month. Should he consider getting another job? Please help!

[geowrian 22,337]

Not directly, but:

1) He must show tat you will not become a public charge. Is his remaining income sufficient to actually live on together? It sounds like no...in which case more income/assets are needed, or a co sponsor.

2) His household size includes those children, which increases the minimum income level required to be eligible to be a suitable sponsor (necessary income levels: https://www.uscis.gov/i-864p). The CO still makes a decision based on the totality of the circumstances not just the minimums (which is where #1 comes into play).

Edited November 17, 2018 by geowrian

[SMR&JDR 6]

2 minutes ago, geowrian said:

Not directly, but:

1) He must show tat you will not become a public charge. Is his remaining income sufficient to actually live on together? It sounds like no...in which case more income/assets are needed, or a co sponsor.

2) His household size includes those children, which increases the minimum income level required to be eligible to be a suitable sponsor (necessary income levels: https://www.uscis.gov/i-864p). The CO still makes a decision based on the totality of the circumstances not just the minimums (which is where #1 comes into play).

His kids moved to Maryland with their mom and he's in California where I'll be joining him. Does the house we get also need to be big enough for his kids? I don't understand why that's relevant if they are not going to be living with him

[geowrian 22,337]

5 minutes ago, SMK&JDR said:

His kids moved to Maryland with their mom and he's in California where I'll be joining him. Does the house we get also need to be big enough for his kids? I don't understand why that's relevant if they are not going to be living with him

Household size is not the same as the number of people living in the same residence. Household size is dependent on how many people are dependent on him. All (Edit: unmarried) children under 21 (even w/o custody of them) are considered dependent on both parents.

The size of the house you have or plan to get has no impact on anything.

Edited November 17, 2018 by geowrian

[geowrian 22,337]

* Moved from Tax & Finance to K-1 P&P forum as the topic is not about taxes or finances, but the affidavit of support for the K-1 visa *

Edited November 17, 2018 by geowrian

[SMR&JDR 6]

4 minutes ago, geowrian said:

Household size is not the same as the number of people living in the same residence. Household size is dependent on how many people are dependent on him. All children under 21 (even w/o custody of them) are considered dependent on both parents.

The size of the house you have or plan to get has no impact on anything.

Meaning we can get a small apartment to begin with before we decide to start a family right?

[geowrian 22,337]

2 minutes ago, SMK&JDR said:

Meaning we can get a small apartment to begin with before we decide to start a family right?

Sure. That's a personal decision.

[SMR&JDR 6]

1 minute ago, geowrian said:

Sure. That's a personal decision.

Good! Thank you

 

About getting a second job, that wouldn't look bad in the eyes of USCIS in a sense that he can't afford to have me move to the states on one full time job?

[Lucky2Lucky 2,526]

26 minutes ago, SMK&JDR said:

Hello everyone! My USC fiancé has two children from a previous marriage and recently he got a court order that he'll be paying over half of his monthly income for child support. It was calculated that way because he isn't in their lives and living in California. The divorce took place in Texas and so the child support was calculated tax free where in California almost half of his salary is taken away as tax.

 

My question is, will this affect the K1 process for us and find him incapable of supporting me financially? He's barely surviving with what he's left with every month. Should he consider getting another job? Please help!

If he’s barely surviving with his paycheck then sounds like he should get another job considering he will have another mouth to feed (you).

 

as for the K1visa his income/assets must show enough for 4 people- him, you and the 2 children. If he doesn’t meet this requirement he will need a joint sponsor.

[geowrian 22,337]

20 minutes ago, SMK&JDR said:

About getting a second job, that wouldn't look bad in the eyes of USCIS in a sense that he can't afford to have me move to the states on one full time job?

They don't care about how the job/jobs earn income (so long as it is legal, obviously). Multiple jobs is not an issue, so long as he can show documentation of the income and the CO believes the job is stable enough to continue and therefore consider the income.

[Lemonslice 4,859]

Since finances are real tight, I suggest you work on a budget with him to make sure you will be able to pay for your adjustment of status - since this is required to get your permanent residency/keep a legal status and being able to work in the USA.  

[SMR&JDR 6]

36 minutes ago, geowrian said:

They don't care about how the job/jobs earn income (so long as it is legal, obviously). Multiple jobs is not an issue, so long as he can show documentation of the income and the CO believes the job is stable enough to continue and therefore consider the income.

Sounds good, thank you for your advices! 

8 minutes ago, Lemonslice said:

Since finances are real tight, I suggest you work on a budget with him to make sure you will be able to pay for your adjustment of status - since this is required to get your permanent residency/keep a legal status and being able to work in the USA.  

I plan on it

[SMR&JDR 6]

49 minutes ago, Luckycuds said:

If he’s barely surviving with his paycheck then sounds like he should get another job considering he will have another mouth to feed (you).

 

as for the K1visa his income/assets must show enough for 4 people- him, you and the 2 children. If he doesn’t meet this requirement he will need a joint sponsor.

Co sponsor will be our last choice. We'll work on lowering the child support first and getting a second job.

[CJlove 147]

This is my experience. I included child support in my affidavit. It was accepted as a form of income with USCIS and to NVC, not from the embassy my hubby was told that it is not enough and to have him find another sponsor. So, my advice is that either find a job and get an employer’s letter proving enough income or have a sponsor as a back up. It’s better to be safe than sorry later on. 

[Russ&Caro 1,549]

Make sure if he plans to visit you in the near future that his passport is active and valid. Some states will revoke a passport if there are issues paying child support.