Does Petitioners Child From Previous Marriage Count Towards HouseHold Size?

[A&J2015 0]

I'm finding a lot of conflicting information on this and I'm getting really worried whether we meet the poverty guideline or not for the I-134 My fiance(the petitioner) has a 10 year old from his past marriage who does not live with him and I cant seem to find a definite answer as to whether the child must be counted in our household size or not for the I-134 poverty guideline requirement?

Some posts on here say no only me(beneficiary) and him(petitioner) will count because its only us in our household.....others say yes his child from previous marriage counts in our household size regardless. Needless to say its starting to worry me greatly as we thought we would be a 2 person household and therefore met the requirement. If anyone knows the correct definite answer to this I'd be eternally grateful, thank you

[teeak 224]

Does your fiance have to pay child support? Usually household sizes are determined based on the number of dependents on the tax return.

[Zedayn 485]

Yes the child must be counted.

All the petitioner's children must be counted in the household size, even if:

• The child does not live with you
• You do not have legal custody of the child
• You do not pay any support for the child
• You do not claim the child on your taxes

[Transborderwife 4,666]

Does your fiance have to pay child support? Usually household sizes are determined based on the number of dependents on the tax return.

Wrong. He must count any children regardless of taxes or where they live

[A&J2015 0]

Does your fiance have to pay child support? Usually household sizes are determined based on the number of dependents on the tax return.

Thanks for the response Teeak Technically no he doesn't have to pay any, his ex wife did not want it...they divorced amicably and she felt official financial arrangements like that weren't necessary. BUT he set up the child support payment anyways because he wanted to pay it. I'm not sure what difference that makes? Oh and he has not claimed the child on his tax returns

[Transborderwife 4,666]

Thanks for the response Teeak Technically no he doesn't have to pay any, his ex wife did not want it...they divorced amicably and she felt official financial arrangements like that weren't necessary. BUT he set up the child support payment anyways because he wanted to pay it. I'm not sure what difference that makes? Oh and he has not claimed the child on his tax returns

Teeak is misinformed. The child counts

[A&J2015 0]

Yes the child must be counted.

All the petitioner's children must be counted in the household size, even if:

• The child does not live with you
• You do not have legal custody of the child
• You do not pay any support for the child
• You do not claim the child on your taxes

Thank you Zedayn for the definite answer, I really appreciate it and at least now we can adjust and make sure we meet the correct requirement amount

Teeak is misinformed. The child counts

Thanks Transborderwife, I really appreciate the definite answer. I'm just relieved to know for sure now