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affidavit of support and child maintenance

affidavit of support and child maintenance

Old Jun 25th 2002, 12:40 am
  #1  
vix
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Joined: Jun 2002
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Default affidavit of support and child maintenance

Hi all , my fiance and i are about to embark on the K-1 visa route . From what i have read so far i gather he has to prove he has an income 125% above poverty level for us . I have 2 children that will be coming with me and my fiance also has a child.

My question is .... Does he have to have 125% for all 5 of us or is his child irrelevant to this as child maintenance payments are taken directly from his pay already ?

Thank you in advance for any help on this.
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Old Jun 25th 2002, 8:20 am
  #2  
Shelley
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Default Re: affidavit of support and child maintenance

He must show 125% of poverty for all who live in his household. I am guessing that if
he pays child support, then the child does not live with him, and then he probably
doesn't need to count the child as a household member. I would expect he need only
meet the amount for a family of 4. I sure someone will correct me if I am wrong. Take
Care. Shelley

"vix" <[email protected]> wrote in message
news:[email protected]...
    > Hi all , my fiance and i are about to embark on the K-1 visa route . From what i
    > have read so far i gather he has to prove he has an income 125% above poverty
    > level for us . I have 2 children that will be coming with me and my fiance also
    > has a child.
    >
    > My question is .... Does he have to have 125% for all 5 of us or is his child
    > irrelevant to this as child maintenance payments are taken directly from his pay
    > already ?
    >
    > Thank you in advance for any help on this.
    >
    >
    >
    > --
    > Posted via http://britishexpats.com
 
Old Jun 25th 2002, 12:20 pm
  #3  
Andy Platt
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Default Re: affidavit of support and child maintenance

"vix" <[email protected]> wrote in message
news:[email protected]...
    > Hi all , my fiance and i are about to embark on the K-1 visa route . From what i
    > have read so far i gather he has to prove he has an income 125% above poverty
    > level for us . I have 2 children that will be coming with me and my fiance also
    > has a child.
    >
    > My question is .... Does he have to have 125% for all 5 of us or is his child
    > irrelevant to this as child maintenance payments are taken directly from his pay
    > already ?

I know zip about divorce and custody but if you were paying child support, would you
be the one to get to claim that child as a dependent on your tax return? Or would it
be the spouse who had custody? If the child is a dependent on your tax return you
have to include them in the household figures.

You do not have to factor in any payments you make with your income.

Andy.

--
I'm not really here - it's just your warped imagination.
 
Old Jun 25th 2002, 8:21 pm
  #4  
Shelley
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Default Re: affidavit of support and child maintenance

"Andy Platt" <[email protected]> wrote in message
news:[email protected]... <snip>
    > If the child is a dependent on your tax return you have to include them in the
    > household figures.
<snip>

Are you sure? My son lives with his father. But I get to deduct him as a dependent on
my taxes (as per our divorce agreement, since his father receives disability and
files no taxes and I pay support), however I cannot count him as a household member
when I receive other government benefits, such as Badgercare (Wisconsin medical
program) or the school hot lunch program. Take care. Shelley
 
Old Jun 25th 2002, 8:21 pm
  #5  
Andy Platt
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Default Re: affidavit of support and child maintenance

"Shelley" <[email protected]> wrote

    > "Andy Platt" <[email protected]> wrote <snip>
    > > If the child is a dependent on your tax return you have to include them in the
    > > household figures.
    > <snip>
    >
    > Are you sure? My son lives with his father. But I get to deduct him as a dependent
    > on my taxes (as per our divorce agreement, since his father receives disability and
    > files no taxes and I pay support), however I
cannot
    > count him as a household member when I receive other government benefits, such as
    > Badgercare (Wisconsin medical program) or the school hot lunch

Yes. I-864 B Sponsor's Household Size:

"4. Number of persons who are otherwise dependent on you, as claimed in your tax
return for the most recent tax year."

http://www.ins.usdoj.gov/graphics/fo...iles/I-864.pdf

Andy.

--
I'm not really here - it's just your warped imagination.
 
Old Jun 26th 2002, 10:01 am
  #6  
vix
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Joined: Jun 2002
Posts: 37
vix is an unknown quantity at this point
Default Re: affidavit of support and child maintenance

Thanks for the replies.

I just checked that link out that Andy gave and it states that ...

" For the purpose of the affidavit of support, household size includes yourself, all persons related to you by birth, marriage, or adoption living in you residence, your dependents "

Umm i've just found another site that states ...

" dependents listed on the sponsor's Federal income tax return for the most recent tax year, "

Does that mean if he didn't include his son on his tax return for the most recent year we don't have to include him towards household size for the poverty guidelines ??
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Old Jun 26th 2002, 2:20 pm
  #7  
Andy Platt
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Default Re: affidavit of support and child maintenance

If he's not living with you and he's not listed on your tax return as a dependent,
you do not need to include him in the household size.

Andy.

--
I'm not really here - it's just your warped imagination. "vix"
<[email protected]> wrote in message news:[email protected]...
    > Thanks for the replies.
    >
    > I just checked that link out that Andy gave and it states that ...
    >
    > " For the purpose of the affidavit of support, household size includes yourself,
    > all persons related to you by birth, marriage, or adoption living in you residence,
    > your dependents "
    >
    > Umm i've just found another site that states ...
    >
    > " dependents listed on the sponsor's Federal income tax return for the most recent
    > tax year, "
    >
    > Does that mean if he didn't include his son on his tax return for the most recent
    > year we don't have to include him towards household size for the poverty
    > guidelines ??
    >
    >
    >
    > --
    > Posted via http://britishexpats.com
 

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