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Immigration Forum / USA Marriage Base / February 2006I-864 questions
I have 2 questions regarding the I-864 1. My fiance recieves child support, can that be used towards calculating for the I-864? 2. Does the I-864 have to be filed with the AOS paperwork or is that something thats signed during the interview with the officer? > I have 2 questions regarding the I-864 > [quoted text clipped - 3 lines] > 2. Does the I-864 have to be filed with the AOS paperwork or is that > something thats signed during the interview with the officer? I am not 100% sure, but I think so. The I-864 is filed along with the AOS paperwork. Rene > I am not 100% sure, but I think so. > > The I-864 is filed along with the AOS paperwork. > > Rene Can anyone confirm the child support part? > Can anyone confirm the child support part? I don't think you can because you can't claim child support on your taxes. Don't they go by your last 3 tax statements? > I don't think you can because you can't claim child support on your > taxes. Don't they go by your last 3 tax statements? Not really, no. They look at the latest tax return (only 1 year required now, not 3), but they go by your current income to see if you meet the minimum income requirement. Best Wishes, Rene > Not really, no. They look at the latest tax return (only 1 year > required now, not 3), but they go by your current income to see if you > meet the minimum income requirement. > > Best Wishes, > Rene Child support is for the support of the child, not you or the immigarnt that you sponsoring. So yes you could claim it but no it would not be taken into account. If you are that close you need a co-sponsor. > Child support is for the support of the child, not you or the > immigarnt that you sponsoring. > > So yes you could claim it but no it would not be taken into account. > > If you are that close you need a co-sponsor. So if i understand this correctly: 1. If its me, my spouce and 2 kids then the sponcer should make atleast 24187$ per year. 2. I heard now you only have to show 1 years taxes and not 3 . The sponcer has already filed there tax for this year. Is this all they will need to show for the I-864? Or will they have to show the taxes that they filed last year? > So if i understand this correctly: > [quoted text clipped - 5 lines] > will need to show for the I-864? Or will they have to show the > taxes that they filed last year? 1. If that is the 125% of the 2006 Poverty guidelines - yes. Note it is the 'family' size that counts. 2. Latest taxes, so if they have filed for last year, that is the one. The 3 year requirement is still it appears used at a some Consuls, but it is not that you have exceeded the minimum, just that you have filed for 3 years. Both a Sponsor and any Co-Sponsor needs to have filed. Boiler, Why wouldn't the 3-year tax return requirement still be used, at all consulates? The new USCIS I-864 policy memorandum applies to the USCIS adjudication of AOS applications, not to DoS adjudication of visa applications. Regards, JEff > .... > > The 3 year requirement is still it appears used at a some Consuls, but > it is not that you have exceeded the minimum, just that you have filed > for 3 years. Both a Sponsor and any Co-Sponsor needs to have filed. > Child support is for the support of the child, not you or the > immigarnt that you sponsoring. > > So yes you could claim it but no it would not be taken into account. > > If you are that close you need a co-sponsor. Boiler, Interesting issue. The premise of I-864 is that Household Income be adequate to support the Household Size. The child has income, in the form of support payments coming from their other parent. This would reasonably offset the amount of support required from the Household Member parent. Can a child enter into an I-186A agreement with their parent? (I doubt it.) Regards, JEff  SignatureOf course, the Internet also tells us that hot naked women want to befriend us, so we can't be 100% sure about everything we read there. (Dave Barry) > Boiler, > [quoted text clipped - 9 lines] > > Regards, JEff I dont see how child support payments cannot be used as income. Understable that it is for the child but its not written TO the child its written to the parent/guardian. A greater portion of both parents income goes towards the child regardless is that to say that that should be deducted from the 125% guideline? I seriously doubt it. But then again i'm not a lawyer. > I don't think you can because you can't claim child support on your > taxes. Don't they go by your last 3 tax statements? PaulandMel, Not all income is taxable. That doesn't mean that it's not income. Income tax returns are a good way of documenting taxable income, something else may be required to document non-taxable income. Regards, JEff SignatureOf course, the Internet also tells us that hot naked women want to befriend us, so we can't be 100% sure about everything we read there. (Dave Barry) |
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