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LDRwins

I-134 affidavit of support form question about dependents

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Hi, i have a quick question about the part regarding sponsors dependents on this form if anyone could give me some advice.

 

My fiance has 3 children. His eldest is with him full time, with child support paid to him from his mother. The other two he has joint custody with their mother and they don't pay any child support to each other. He claims on taxes for two of them - his eldest and youngest child. The mother claims for the middle child.

 

When filling in the part about dependents, do we need to list all 3 children, or just the ones he claims taxes on? And do we select wholly or partially dependent on him for support for which of them?

 

Thanks for any help

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Filed: AOS (apr) Country: Canada
Timeline

all children must be listed.

 

if something were to happen to the mother, the kids would go to him.

i 485, 130, EAD and AP

04/09/2019    NOA1 received/check cashed i 485 and 130 (direct adjustment)

11/7/2019      Interview- Norfolk

11/10/2019    APPROVED (notification rec'd 11/10, approval dated 11/8)

DONE FOR TWO YEARS!!! ;)

 

Filed everything ourselves with no RFE's or delays.

 

CR1 for Child under 21 (20 at time of filing)- Filed by LPR Spouse for his son

4/4/20     Mailed packet

4/12/20   NOA1 rec'd

10/14/21 (havent heard anything... when do i start to get worried?)

9/15/22 APPROVED! Now to wait for NVC and interview....

 

ROC

10/14/21 Mailed to AZ PO Box. Let the waiting begin. Again.

10/16/21 Received at PO Box

10/19/21 Received Text NOA1

10/23/21 Received Mailed NOA1

 

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Filed: Other Timeline

Any biological child of the I-134 sponsor under the age of 21 is considered part of the household size regardless of where the child lives or whom has custody of the child. This also applies regardless of whom claims the child on their tax returns.

If you look at the I-864 instructions (even though I know we're talking about the I-134), you'll see the list of what constitutes a dependent spelled out. Although they don't specifically say these exact clauses, it's responsible to assume that's what's intended.

I learned the hard way, I hope YOU don't have to. Advice: learn, learn, learn.

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Filed: AOS (apr) Country: Canada
Timeline
9 hours ago, LDRwins said:

Ok, i understand now, thank you so much! Just to clarify, do we put all of them as wholly dependent even if 2 of his children are only with him 50% of the time?

yes

i 485, 130, EAD and AP

04/09/2019    NOA1 received/check cashed i 485 and 130 (direct adjustment)

11/7/2019      Interview- Norfolk

11/10/2019    APPROVED (notification rec'd 11/10, approval dated 11/8)

DONE FOR TWO YEARS!!! ;)

 

Filed everything ourselves with no RFE's or delays.

 

CR1 for Child under 21 (20 at time of filing)- Filed by LPR Spouse for his son

4/4/20     Mailed packet

4/12/20   NOA1 rec'd

10/14/21 (havent heard anything... when do i start to get worried?)

9/15/22 APPROVED! Now to wait for NVC and interview....

 

ROC

10/14/21 Mailed to AZ PO Box. Let the waiting begin. Again.

10/16/21 Received at PO Box

10/19/21 Received Text NOA1

10/23/21 Received Mailed NOA1

 

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