can someone help me re: I-134.... please

[VilmaF 0]

I really need help.

We want to make sure that we are counting the correct number of household for us to determine if my fiance's income is above the 125% guideline. He has 3 children (15, 18, 19 years old) who are living with her ex-wife. He is providing financial support to his youngest son only. His wife claims them in her IRS.

How should my fiance count the number of household, should he just add his youngest son, plus me and my 2 children (k-2)?

[Otto 83]

I really need help.

We want to make sure that we are counting the correct number of household for us to determine if my fiance's income is above the 125% guideline. He has 3 children (15, 18, 19 years old) who are living with her ex-wife. He is providing financial support to his youngest son only. His wife claims them in her IRS.

How should my fiance count the number of household, should he just add his youngest son, plus me and my 2 children (k-2)?

VilmaF,

I would think the technical answer is no - if the son is not claimed on his IRS Tax Returns, he would not claim him as within his household. That said, it may be a result of the divorce (which I don't know the answer to) that the ex-wife is allowed to claim the son on her taxes.

Is his income that close that one person changes things?

[Bobbie 1]

I really need help.

We want to make sure that we are counting the correct number of household for us to determine if my fiance's income is above the 125% guideline. He has 3 children (15, 18, 19 years old) who are living with her ex-wife. He is providing financial support to his youngest son only. His wife claims them in her IRS.

How should my fiance count the number of household, should he just add his youngest son, plus me and my 2 children (k-2)?

VilmaF,

I would think the technical answer is no - if the son is not claimed on his IRS Tax Returns, he would not claim him as within his household. That said, it may be a result of the divorce (which I don't know the answer to) that the ex-wife is allowed to claim the son on her taxes.

Is his income that close that one person changes things?

now see, I had read something that made me think he would claim the child as part of his house hold, due to child support , and maybe it was the "partially dependent" place on the affidavit of support. You would think the rules would be more clear on the paper work.

[Otto 83]

I really need help.

We want to make sure that we are counting the correct number of household for us to determine if my fiance's income is above the 125% guideline. He has 3 children (15, 18, 19 years old) who are living with her ex-wife. He is providing financial support to his youngest son only. His wife claims them in her IRS.

How should my fiance count the number of household, should he just add his youngest son, plus me and my 2 children (k-2)?

VilmaF,

I would think the technical answer is no - if the son is not claimed on his IRS Tax Returns, he would not claim him as within his household. That said, it may be a result of the divorce (which I don't know the answer to) that the ex-wife is allowed to claim the son on her taxes.

Is his income that close that one person changes things?

now see, I had read something that made me think he would claim the child as part of his house hold, due to child support , and maybe it was the "partially dependent" place on the affidavit of support. You would think the rules would be more clear on the paper work.

I would think so too - I guess I didn't finish my previous post.. I meant to add:

If the ex-wife's IRS Dependant claim is a result of a divorce agreement - then he might need to claim the son as part of his household. (The sharing of Dependant's for tax purposes isn't uncommon in divorces.) But as I said, he would know the answer to that...

(Hey Bobbie... )

[VilmaF 0]

I really need help.

We want to make sure that we are counting the correct number of household for us to determine if my fiance's income is above the 125% guideline. He has 3 children (15, 18, 19 years old) who are living with her ex-wife. He is providing financial support to his youngest son only. His wife claims them in her IRS.

How should my fiance count the number of household, should he just add his youngest son, plus me and my 2 children (k-2)?

VilmaF,

I would think the technical answer is no - if the son is not claimed on his IRS Tax Returns, he would not claim him as within his household. That said, it may be a result of the divorce (which I don't know the answer to) that the ex-wife is allowed to claim the son on her taxes.

Is his income that close that one person changes things?

now see, I had read something that made me think he would claim the child as part of his house hold, due to child support , and maybe it was the "partially dependent" place on the affidavit of support. You would think the rules would be more clear on the paper work.

I would think so too - I guess I didn't finish my previous post.. I meant to add:

If the ex-wife's IRS Dependant claim is a result of a divorce agreement - then he might need to claim the son as part of his household. (The sharing of Dependant's for tax purposes isn't uncommon in divorces.) But as I said, he would know the answer to that...

(Hey Bobbie... )

Thanks for your responses.

I still need to check with him if claiming the children by his ex wife is the result of their divorce.

What if his wife is claiming them ever since they were married, should he still count them in the number of household? If includes the 3 of them, then i would think that we are in a big dilemna since his annual income is just few hundred dollars above the household of 7 . I think he had $39,800 last year and the 125% income for household of 7 (him, his 3 children, me and my 2 kids) is $38,812. He has 401k, IRA and savings which can add up to this. Should we still consider getting a co-sponsor?

If we indeed need to get a co-sponsor, should his co-sponsor also count me and my 2 children plus the co-sponsor's dependent in counting the number of household?