Affidavit Of Support (Help)

[DeeJess 53]

Hi everyone

 

So my fiancé has 4 children (3 live with their fathers and are on their tax return). The other child lives with her and is on her tax return.

 

When we fill in our form do we have to include all 4 in our household? Even though they don't live with her, nor are they on her tax return?

 

Any help would be appreciated as I keep hearing different things! 

 

Thank you very much

[Wuozopo 4,293]

31 minutes ago, DeeJess said:

So my fiancé has 4 children (3 live with their fathers and are on their tax return). The other child lives with her and is on her tax return.

 

When we fill in our form do we have to include all 4 in our household? Even though they don't live with her, nor are they on her tax return?

The instructions say list them if they are under 21. If they are considered to have legally reached adulthood in the place were they live, then no. In most states, that is 18 yrs of age.

 

Item Number 4. Type or print the number of unmarried children you have who are under 21 years of age, even if you do not have legal custody of these children. You may exclude any unmarried children under 21 years of age, if these children have reached majority under the law of their place of domicile and you do not claim them as dependents on your Federal income tax returns.
 

Edited July 30, 2021 by Wuozopo

[DeeJess 53]

16 minutes ago, Wuozopo said:

The instructions say list them if they are under 21. If they are considered to have legally reached adulthood in the place were they live, then no. In most states, that is 18 yrs of age.

 

Item Number 4. Type or print the number of unmarried children you have who are under 21 years of age, even if you do not have legal custody of these children. You may exclude any unmarried children under 21 years of age, if these children have reached majority under the law of their place of domicile and you do not claim them as dependents on your Federal income tax returns.
 

Thank you very much for your response!

 

I can understand why they would count towards the household numbers but id have thought maybe they'd count half instead of full?

 

Also, do you know if my fiancés yearly tax return counts towards the income requirement seeing as she gets a chunk every year?

 

Or is the income requirement strictly wages from her salary?

[payxibka 10,045]

7 minutes ago, DeeJess said:

Thank you very much for your response!

 

I can understand why they would count towards the household numbers but id have thought maybe they'd count half instead of full?

 

Also, do you know if my fiancés yearly tax return counts towards the income requirement seeing as she gets a chunk every year?

 

Or is the income requirement strictly wages from her salary?

There are many sources of income other than wages and salary

[JeanneAdil 6,509]

11 minutes ago, DeeJess said:

Thank you very much for your response!

 

I can understand why they would count towards the household numbers but id have thought maybe they'd count half instead of full?

 

Also, do you know if my fiancés yearly tax return counts towards the income requirement seeing as she gets a chunk every year?

 

Or is the income requirement strictly wages from her salary?

she gets a big chunk from child support for the one living with her

then she would have to pay out for the 3 living with father???

[SalishSea 17,829]

16 minutes ago, DeeJess said:

Thank you very much for your response!

 

I can understand why they would count towards the household numbers but id have thought maybe they'd count half instead of full?

 

Also, do you know if my fiancés yearly tax return counts towards the income requirement seeing as she gets a chunk every year?

 

Or is the income requirement strictly wages from her salary?

If you mean her tax refund, then of course that is part of her total income as reflected on the tax return and transcripts.  It is not "extra" income - it is the part of your income refunded to you once your taxes have been paid.

[DeeJess 53]

11 minutes ago, JeanneAdil said:

she gets a big chunk from child support for the one living with her

then she would have to pay out for the 3 living with father???

Unfortunately she doesn't recieve any child support and doesn't pay child support as there is an agreement between the father and mother

7 minutes ago, Jorgedig said:

If you mean her tax refund, then of course that is part of her total income as reflected on the tax return and transcripts.  It is not "extra" income - it is the part of your income refunded to you once your taxes have been paid.

Ahh thats great news!

 

Yeah, it makes sense but when you start to worry then things start to not make sense haha

 

Thank you for this information

[Wuozopo 4,293]

3 hours ago, DeeJess said:

Thank you very much for your response!

 

I can understand why they would count towards the household numbers but id have thought maybe they'd count half instead of full?

 

Also, do you know if my fiancés yearly tax return counts towards the income requirement seeing as she gets a chunk every year?

 

Or is the income requirement strictly wages from her salary?

Okay, let’s rewind.  I didn’t check your timeline first. I gave you an answer from the instructions to the I-864 Affidavit of support. It looks like you are planning ahead for your K1 interview in London. That would be the I-134 Affidavit of support.  It doesn’t even ask for a household “count”.  It asks under Dependents’ Information “The following persons are dependent upon me for support”. That could be filled in with the one child she supports and leave the others off of that section.   The decision on a K1 is up to the interviewer to decide if you will not become a public charge. There are no hard fast rules. It’s pretty easy at a London K1 interview. 
 

If it is just her and the one child, then she should look at the poverty guideline for a household of 3,—you, her, and one child. That’s $27,450 at 125% of the poverty guidelines. A K1 can get approved on 100% or $21,960.

Guidelines https://www.uscis.gov/i-864p

 

However, you need to be aware that once you marry, you will need to file for adjustment of status to get a greencard. That will require the I-864 Affidavit of support which has stricter rules written in immigration law. The household count instructions I posted above are the rules. Also 125% of the poverty line is required. So you may eke by getting a K1 visa with $21960 in support, but to get a greencard you’ll need maybe $44,475 if the 4 kids are all minors.

 

The tax return amount they will look at is the line called Total Income. That’s line 9 on tax form 1040. If she got a raise and makes more money this year, then she can prove it with an employer letter stating her yearly salary. London does not even require a tax return from K1s if you can prove income another way such as employer letter or statement from HR department for example.  If she has savings or other assets, she can, she can list that on the I-134.

Edited July 30, 2021 by Wuozopo

[DeeJess 53]

On 7/30/2021 at 10:37 PM, Wuozopo said:

Okay, let’s rewind.  I didn’t check your timeline first. I gave you an answer from the instructions to the I-864 Affidavit of support. It looks like you are planning ahead for your K1 interview in London. That would be the I-134 Affidavit of support.  It doesn’t even ask for a household “count”.  It asks under Dependents’ Information “The following persons are dependent upon me for support”. That could be filled in with the one child she supports and leave the others off of that section.   The decision on a K1 is up to the interviewer to decide if you will not become a public charge. There are no hard fast rules. It’s pretty easy at a London K1 interview. 
 

If it is just her and the one child, then she should look at the poverty guideline for a household of 3,—you, her, and one child. That’s $27,450 at 125% of the poverty guidelines. A K1 can get approved on 100% or $21,960.

Guidelines https://www.uscis.gov/i-864p

 

However, you need to be aware that once you marry, you will need to file for adjustment of status to get a greencard. That will require the I-864 Affidavit of support which has stricter rules written in immigration law. The household count instructions I posted above are the rules. Also 125% of the poverty line is required. So you may eke by getting a K1 visa with $21960 in support, but to get a greencard you’ll need maybe $44,475 if the 4 kids are all minors.

 

The tax return amount they will look at is the line called Total Income. That’s line 9 on tax form 1040. If she got a raise and makes more money this year, then she can prove it with an employer letter stating her yearly salary. London does not even require a tax return from K1s if you can prove income another way such as employer letter or statement from HR department for example.  If she has savings or other assets, she can, she can list that on the I-134.

Hello, I'm really sorry I didnt get notified of your response! 

 

Okay, now I understand but im just wondering if we do put only one child, won't they have a problem with that seeing as they'll know she has 4 kids? Maybe we can include a letter to explain why we only added one child?

 

Also, she currently earns roughly $43k but overtime is readily available so that shouldn't be a big problem.

 

Question, once we get married and we file for my green card, would my income be included? (Providing I find work)

 

The only thing with her employer letter is she isnt contracted certain amount of hours, she works as many hours as she wants per week etc. She owns her home and has savings! I own my own property in London, would I be able to use that too?

 

I truly hope London isn't difficult with our visa!! 

 

[Wuozopo 4,293]

17 hours ago, DeeJess said:

Okay, now I understand but im just wondering if we do put only one child, won't they have a problem with that seeing as they'll know she has 4 kids? Maybe we can include a letter to explain why we only added one child?

I don’t see a problem. It asks how many are dependent for support. She only supports one. If there are any questions, you are there in person to explain.

 

17 hours ago, DeeJess said:

Question, once we get married and we file for my green card, would my income be included? (Providing I find work)

You will not have work authorization when you apply for your greencard. Your apply for the greencard, work authorization, and travel permit all together. You’ll be unable to work for a number of months. A K1 only gets you in the country for 90 days. There aren’t any resident privileges that go with a K1 like working, getting a driver license,  etc.

 

17 hours ago, DeeJess said:

The only thing with her employer letter is she isnt contracted certain amount of hours, she works as many hours as she wants per week etc. She owns her home and has savings! I own my own property in London, would I be able to use that too?

She can add assets to supplement her income shortfall. As her spouse, your assets count as well. You together need three times the shortfall in assets. So say her salary falls short by $2000. She needs 3x$2000 in assets to make up the shortfall in salary/income. If you think you’ll need your property asset, then get an appraisal of current value and a statement of any balance you owe on a mortgage to use as proof of your asset value.