saidsgirl

I have a sort of strange situation and I hope that someone may have experience with this or knowledge of this.....

I, the US Citizen, have 3 children. Oldest son was adopted by my ex-husband, who is the father of my 2 littlest children. So, in essence, he is the legal father. However, since 2000 I have no idea where he is and he has absolutely zero contact with any of the children.

My oldest son (who is 13) is now living with his natural, birth father in the neighboring town and I have him every weekend.

On the Affidavit of Support I put that I only have 2 dependents, as that is the truth. However, my tax returns show that I have 3 children, as I am legally able to claim all 3 as my dependents as stated in the divorce papers. I make enough money to cover my 2 children, myself and Said. I am about a thousand dollars short if I have to add my oldest son in too.

I told Said that if there was a question about this at the consulate interview to simply tell them the situation. But now I am wondering if I should have some sort of document drawn up stating these facts.

Does anyone think this will cause a problem and if so, what do you recommend that I do?

Thanks so much....
~kristine

Mrtravel

saidsgirl wrote:

    > On the Affidavit of Support I put that I only have 2 dependents, as that
    > is the truth. However, my tax returns show that I have 3 children, as I
    > am legally able to claim all 3 as my dependents as stated in the divorce
    > papers. I make enough money to cover my 2 children, myself and Said. I
    > am about a thousand dollars short if I have to add my oldest son in too.
    >

You are claiming 3 children on your return, therefore you would claim
you have 3 children dependent on your for Addidavit of Support. After
all, the child is still your legal dependent, correct? He's a minor and
you are his parent.

jg1012002

My situation was a little stranger.........I have six children. One 18, two 17, 13, 11, and 9. Now even thought the two that are 17 are not suppose to live on their own, they do. They both have good jobs, go to college, and pay their own bills -- they share an apartment with their older sister. The 13 year old lives with her dad, although I have custody and the two little ones live with me.

For the K1, I did Affidavit of Support and only listed the two that lived with me as being solely dependent on me for support -- although in reality they are probably only half-dependent on me. They never asked for a co-sponsor but then they never gave the K1 either.

When I did the DCF I used the Form I-864 (? right number). I added a page that explained all this. However, my tax returns did show all six with me in year 1, four in year 2, and two in the last year. And they did accept Form I-864, which I have heard they were harder on than the Affidavit of Support. Now if they had counted all my children as solely dependent on me I would have had to have co-sponsor. They only counted the ones living with me for the purpose of that form. When they asked me about the differences in dependents, I explained the situation and that one now lives with her dad, and the other three are on their own. They accepted it.