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StacyL85

Financial Requirements, joint custody and household size

By StacyL85 in K-1 Fiance(e) Visa Process & Procedures

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StacyL85 Newbie

StacyL85   0

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Hi!  I petitioned for my English fiance in May. I just need some advice please about household size.  I have 3 kids that I share custody with, with my ex husband.  If I avoid claiming them on my taxes next year, could I qualify as a 2 person household (me and my fiance)?  I will for sure need a joint sponsor for the I-134, but I am hoping I will be able to do it on my own for the i-864.  Is this a thing that can be done? I got a promotion this year and will make more than the last couple of years.  Also, I would need to get off of food stamps before the end of the year.  Is it best to just try to find a joint sponsor for the i-864 as well?  Thank so much for any tips or advice.  

Edited by StacyL85
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geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
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I'd suggest looking for a joint sponsor.

 

All unmarried children under age 21 (or age of majority where they live) must be included regardless of custody (or lack thereof).

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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VISBIS Contributor

VISBIS   18

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Only one of you can claim your kids as dependents. It might help you not claiming them and let your ex-husband claim them, since it reduces the poverty requirement from about $13K. Finding a joint sponsor for both I134 and I864 like geowrian mentioned would also be better if you didn’t meet the requirement in the past years.

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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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You still must count your kids in your household for the i-864.  Whether you claim them or don't claim them as dependents on your taxes is irrelevant.  Your kids will always count for the I-864.  Your household count will be 5 for the I-864.  You will need a joint sponsor if you do not make enough for a household of 5.

Edited by aaron2020
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