question_Affidavit of support

[VilmaF 0]

my Fiance is already divorced and has 3 children, 15, 18 and 19 years old. All of them are staying with their mother. Their mother listed them as depended in IRS. Does my fiance has to list them in the I-134 as partially dependent on him and should be counted in the number of household? He only supports the youngest since the 2 are already 18 and 19.

please help..... Need guidance so that we know which number of household we should use in determining if he meets the poverty guideline.

[XEE531 0]

my Fiance is already divorced and has 3 children, 15, 18 and 19 years old. All of them are staying with their mother. Their mother listed them as depended in IRS. Does my fiance has to list them in the I-134 as partially dependent on him and should be counted in the number of household? He only supports the youngest since the 2 are already 18 and 19.

please help..... Need guidance so that we know which number of household we should use in determining if he meets the poverty guideline.

I am guessing that your fiance is sponsoring you. The purpose of I-134 is to make sure that you wont be a burden to the government and that your sponsor can financially support you. I think that he should include his youngest in the form since is still partially dependent.

Remember, you must show that your household income is equal to or higher than 125 percent of the U.S. poverty level for your household size.

If you have more question, please click on this link :

USCIS - How Do I File an Affidavit of Support for a Relative?

I hope this helps.

[VilmaF 0]

my Fiance is already divorced and has 3 children, 15, 18 and 19 years old. All of them are staying with their mother. Their mother listed them as depended in IRS. Does my fiance has to list them in the I-134 as partially dependent on him and should be counted in the number of household? He only supports the youngest since the 2 are already 18 and 19.

please help..... Need guidance so that we know which number of household we should use in determining if he meets the poverty guideline.

I am guessing that your fiance is sponsoring you. The purpose of I-134 is to make sure that you wont be a burden to the government and that your sponsor can financially support you. I think that he should include his youngest in the form since is still partially dependent.

Remember, you must show that your household income is equal to or higher than 125 percent of the U.S. poverty level for your household size.

If you have more question, please click on this link :

USCIS - How Do I File an Affidavit of Support for a Relative?

I hope this helps.

Thanks for your help. My fiance is sponsoring me and my 2 kids. His income is actually just hundred above the 125% of the poverty guideline if he adds his 3 sons. But if you're saying that he should include his youngest son only, then I think we should not worry since this will count only 5 household instead of 7 (him, his youngest son, me and my 2 kids). But i just want to make sure that it will not cause any problem if he will not add his 2 sons (18and 19 years old) because he plans to get a co sponsor if we are counting 7 household. Need a bit more advice on this........ our interview will probably 2 months from now and he is starting to gather the documents needed for the interview.

thanks.

[XEE531 0]

When you say hundred above the 125%, do you mean 225%. If it is, then i would include everyone just to feel safe.

However, your fiance's 2 older sons are considered of legal age already and may not be claimed as dependents. As you have said before, he's only supporting the youngest, then just declare the youngest plus you and your kids.

Lastly, in order for you to feel more comfortable, just include those dependents which he claimed in his Income tax returns. Those are your supporting documents for the affidavit, right?

[VilmaF 0]

When you say hundred above the 125%, do you mean 225%. If it is, then i would include everyone just to feel safe.

However, your fiance's 2 older sons are considered of legal age already and may not be claimed as dependents. As you have said before, he's only supporting the youngest, then just declare the youngest plus you and your kids.

Lastly, in order for you to feel more comfortable, just include those dependents which he claimed in his Income tax returns. Those are your supporting documents for the affidavit, right?

What i meant with hundred is that his annual salary is just over hundred of the 125% PG ($38,862) for a household of 7 because he had annual salary of about $39000 plus last year. His wife was the one who claimed his 3 sons in her IRS but he still provide financial support to his youngest son.

BUt if he will only list his youngest son in the I-134 as partially dependent on him, that counts 5 household only. therefore we should be fine , right ? since 125%PG for 5 people is only $30,162.

Is this right?

[XEE531 0]

Whether you the 2 are included or not, he is still meets the minimum income requirement ($37,750).

In my honest opionion, i think he only needs to include only those he claimed as dependents in his Income Tax Returns. If his wifes declares all of them as dependents, then do not include them in the form. The form is only to show the government that he can provide for you and your family without relying on government welfare when you become a permanent resident until you become a citizen. The form is his oath to the government that he will be financially responsible for you and your dependents until you become US citizens.

[VilmaF 0]

Whether you the 2 are included or not, he is still meets the minimum income requirement ($37,750).

In my honest opionion, i think he only needs to include only those he claimed as dependents in his Income Tax Returns. If his wifes declares all of them as dependents, then do not include them in the form. The form is only to show the government that he can provide for you and your family without relying on government welfare when you become a permanent resident until you become a citizen. The form is his oath to the government that he will be financially responsible for you and your dependents until you become US citizens.

Thanks so much. This is a great help