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Filed: AOS (pnd) Country: Colombia
Timeline
Posted

You most likely can get away with it. But it may not sit pretty in the CO's eyes. You are basically telling the CO that if needed you will use the money that is suppose to feed and clothe your child to support your fiance. So that he will not be a charge on the GOVT.

K1

1/22/07: I-129F sent to CSC

1/23/07: I-129F packet received and signed for at 9:45A.M.!!

1/29/07: NOA1

4/27/07: NOA2

5/01/07: NOA2 Hardcopy received

5/10/07: Approval arrives at NVC

5/14/07: Leaves NVC

5/17/07: Arrives at Bogota, Colombia

5/18/07: Packet 3 faxed to Embassy

5/22/07: Packet 3 sent via courier

5/30/07: Wendy receives packet 3 (Good thing we used the shortcut)

6/04/07: Packet 4 received

7/03/07: Medical appt. scheduled

7/05/07: Interview!!!! VISA APPROVED!!!!!!!

7/09/07: Visa in hand!!!

7/11/07: Point of Entry at LAX, complete success!!!!!!!!!!

7/24/07: Married!!!

AOS & EAD

07/27/07: Filed for AOS & EAD

08/02/07: Arrives at Chicago

09/10/07: NOA1

09/11/07: Social Security card in hand

10/12/07: Biometrics appointment

10/25/07: EAD Approved

01/23/08: Interview = APPROVED

02/02/08: Green Card received...10 day turn around, not bad!!!

Removing Conditions

11/12/09: Mailed to CSC!

11/13/09: Arrives at CSC!

11/16/09: NOA1

11/18/09: Check Cashed!

12/14/09: Biometrics

01/07/10: Card Production Ordered (APPROVED)

Filed: Timeline
Posted
You most likely can get away with it. But it may not sit pretty in the CO's eyes. You are basically telling the CO that if needed you will use the money that is suppose to feed and clothe your child to support your fiance. So that he will not be a charge on the GOVT.

See, I disagree with that. I think it shows that you have enough income to support your dependent children, so you can use your regular income to support your fiance. I've heard of others using their child support income on their forms, and am pretty sure I'm going to as well.

Filed: Lift. Cond. (apr) Country: India
Timeline
Posted

I don't believe consular officials are allowed to discriminate between legal sources of income. A consular official can't say, hmm, you earned 50% of your income selling stuff on ebay? I'm going to discount that when I calculate to see if you exceed the 125% poverty level.

If you list an illegal source of income, say, for example; I earned 50% of my income from blackmailing, money laundering and extortion, and thats why you don't see it on my tax return; then I believe the consular official can discriminate.

That being said, if you were clever and reported your earnings from blackmailing, money laundering and extortion on your tax return as miscellaneous income, then you probably can squeak by, as the consular official would have no way of determining it was illegally sourced (unless you told them.) Thats the argument that Al Capone would not have been caught if he only filed his taxes... he was just too greedy and wanted all the money to himself.

Filed: Citizen (apr) Country: Russia
Timeline
Posted
If you list an illegal source of income, say, for example; I earned 50% of my income from blackmailing, money laundering and extortion, and thats why you don't see it on my tax return; then I believe the consular official can discriminate.

:lol: This is too funny!

Yes, child support can be used as income for the Affidavit of Support.

Filed AOS from F-1
Green Card approved on 01/04/07
Conditions removed 01/29/09

Citizenship Oath 08/23/12

Filed: Other Timeline
Posted
You most likely can get away with it. But it may not sit pretty in the CO's eyes. You are basically telling the CO that if needed you will use the money that is suppose to feed and clothe your child to support your fiance. So that he will not be a charge on the GOVT.

Really?

Does USCIS also say that because you receive support, you can exclude the child from the household size, therefore allowing your income to be lower?

Think about it.

Filed: Country: Philippines
Timeline
Posted
You most likely can get away with it. But it may not sit pretty in the CO's eyes. You are basically telling the CO that if needed you will use the money that is suppose to feed and clothe your child to support your fiance. So that he will not be a charge on the GOVT.

Really?

Does USCIS also say that because you receive support, you can exclude the child from the household size, therefore allowing your income to be lower?

Think about it.

Good point

Filed: Citizen (apr) Country: Colombia
Timeline
Posted

I think we all have different opinions on this issue and it will be up to the CO to decide on that. I personally believe that if one doesn't make enough to support your fiancée it's just morally wrong to use the money you're getting from your former SO for your child's expenses to support your new partner. But like I said, we all have different opinions and this one is just a very personal one. I guess that whatever you can get away with will work just fine.

Diana

CR-1

02/05/07 - I-130 sent to NSC

05/03/07 - NOA2

05/10/07 - NVC receives petition, case # assigned

08/08/07 - Case Complete

09/27/07 - Interview, visa granted

10/02/07 - POE

11/16/07 - Received green card and Welcome to America letter in the mail

Removing Conditions

07/06/09 - I-751 sent to CSC

08/14/09 - Biometrics

09/27/09 - Approved

10/01/09 - Received 10 year green card

U.S. Citizenship

03/30/11 - N-400 sent via Priority Mail w/ delivery confirmation

05/12/11 - Biometrics

07/20/11 - Interview - passed

07/20/11 - Oath ceremony - same day as interview

Filed: Country: Canada
Timeline
Posted
You most likely can get away with it. But it may not sit pretty in the CO's eyes. You are basically telling the CO that if needed you will use the money that is suppose to feed and clothe your child to support your fiance. So that he will not be a charge on the GOVT.

I used my child support...and I didn't have a problem so I'm not real sure where you're getting these wise words of wisdom. So where DID you get this information? How DO you know what goes through the CO's mind when he or she looks at the affidavit of support?

I think we all have different opinions on this issue and it will be up to the CO to decide on that. I personally believe that if one doesn't make enough to support your fiancée it's just morally wrong to use the money you're getting from your former SO for your child's expenses to support your new partner. But like I said, we all have different opinions and this one is just a very personal one. I guess that whatever you can get away with will work just fine.

Diana

Thank the gods it's only your opinion because one IS allowed to use child support. My child's expenses come from my pocket...gladly too I might add. What my ex sends merely reimburses me for what I've already spent.

Teaching is the essential profession...the one that makes ALL other professions possible - David Haselkorn

Filed: Other Timeline
Posted (edited)
I think we all have different opinions on this issue and it will be up to the CO to decide on that. I personally believe that if one doesn't make enough to support your fiancée it's just morally wrong to use the money you're getting from your former SO for your child's expenses to support your new partner. But like I said, we all have different opinions and this one is just a very personal one. I guess that whatever you can get away with will work just fine.

Diana

Yes, we all have different opinions on this issue. But the only opinion that really matters is the one held by the government.

While consulates don't use the I864 for visa issuance, we can look to that form for clarification of 'income'.

Please go to Section 6, Item 23 of the instructions for the I864. Read the last sentence in that section.

Whether it is deemed 'morally wrong' or not, it is allowed.

Edited by rebeccajo
Filed: Country: Philippines
Timeline
Posted
Common sense would tell you if you didn't get child support that would be less money to support your spouse. Am I missing something here?

Please clarify your question.

Child support is considered income. The child is a member of the household listed on the I 864. The 125% above poverty level is determined by income and household size. IMO the child support proves the OP has the income to support the child and the SO since the total income was above the 125%. I don't see where this is taking money away from the child to support the SO so why omit it in the I 864?

 
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