Household size confusion

[DonaldB 1]

I'm really hoping someone could provide me with some clarification on this situation as we've been getting mixed information and we aren't really sure who's correct. 

 

I am going to be petitioning my fiance via the K1 visa but while going through the process we discovered that the income requirements varies greatly depending on your household size,our situation is a little complicated...

 

I have two children from a prior relationship (unmarried) they live in another state now and I don't claim them on my taxes, but I do pay child support. My fiance also has a child but they will be staying with family in her home country until they are ready to start school in the United States (3-4 years from now) 

 

I had an immigration attorney during a consultation tell my our household size would be 4 (me, my fiance and my two kids that I pay child support for)

 

I had a conversation with a representative from boundless tell me this was incorrect, since they are not included on my taxes and they don't reside with me then it would just be me and my fiance on the application.

 

We're trying to make sure we do everything correctly, due to my health circumstances (recovering from cancer) my income is a little less than I would like. I only made 40k last year as shown on my tax return. 

 

Any clarification anyone can provide here would be so helpful we plan to submit our K1 visa packet within the next month.

Edited June 12 by DonaldB
Clarification

[powerpuff 6,670]

What is the question?

[DonaldB 1]

10 minutes ago, powerpuff said:

What is the question?

Sorry I accidentally hit send while typing my messages lol

[powerpuff 6,670]

The lawyer is correct. You have to count any minor children regardless of whether they live with you or if you claim them on taxes or not. Your household size would be 4. 

[DonaldB 1]

11 minutes ago, powerpuff said:

The lawyer is correct. You have to count any minor children regardless of whether they live with you or if you claim them on taxes or not. Your household size would be 4. 

 

Her son would not be considered? Since he isn't immigrating right away? Would this calculation be the same for changing of her status once we get married? 

 

I only ask because my income was 40k and the minimum according to 125% of the federal poverty line is 39k for a family of 4. The lawyer said that if it was 2 cents over we were good but I worry with it being so close to that line. 

Edited June 12 by DonaldB

[SalishSea 17,791]

32 minutes ago, DonaldB said:

The lawyer said that if it was 2 cents over we were good but I worry with it being so close to that line. 

This also is not true.  Cutting it so close can lead to a denial, as it is based on the "totality of circumstances."  There are many other parameters that the adjudicator can consider, such as age (as it relates to income/earning potential), whether you live in a high COL area, what consulate you are going through, etc.  

[DonaldB 1]

1 minute ago, SalishSea said:

This also is not true.  Cutting it so close can lead to a denial, as it is based on the "totality of circumstances."  There are many other parameters that the adjudicator can consider, such as age (as it relates to income/earning potential), whether you live in a high COL area, what consulate you are going through, etc.  

 

Okay, that's interesting...I luckily live in a very low cost of living area in Kentucky, the apartment I currently rent is only 655 a month.  My total monthly expenses aren't more than 1600 Dollars presently.  My fiance is from the Philippines. 

[SalishSea 17,791]

Just now, DonaldB said:

 

Okay, that's interesting...I luckily live in a very low cost of living area in Kentucky, the apartment I currently rent is only 655 a month.  My total monthly expenses aren't more than 1600 Dollars presently.  My fiance is from the Philippines. 

In that case, I think you'll be just fine.  Are you currently working?  Even if your income was temporarily lower last year due to medical/time off,  current income (as evidenced by payslips) will be more important than last year's tax return info.

 

I get the feeling that Manila is pretty lenient as well.

[PokuPoku 24]

45 minutes ago, DonaldB said:

I only ask because my income was 40k and the minimum according to 125% of the federal poverty line is 39k for a family of 4. The lawyer said that if it was 2 cents over we were good but I worry with it being so close to that line.

What SalishSea said, but also, you can include assets too, so remember to do that. With even a moderate savings account, and no recent history of using government assistance, that should easily be high enough.

[DonaldB 1]

3 minutes ago, SalishSea said:

In that case, I think you'll be just fine.  Are you currently working?  Even if your income was temporarily lower last year due to medical/time off,  current income (as evidenced by payslips) will be more important than last year's tax return info.

 

I get the feeling that Manila is pretty lenient as well.

 

Yes I'm currently working and I anticipate my income for this year to be higher than last year's. 

[SalishSea 17,791]

1 minute ago, DonaldB said:

 

Yes I'm currently working and I anticipate my income for this year to be higher than last year's. 

You will be fine.  The 125%/I-865 comes into play much later in the K-1 process (probably >one year from now).