Child support

[Houstonian2020]

I am a male, non-military. This past year I made a career change so my earnings were lower than in prior years. Total last year was $38,000. This current year has been a disaster even compared to last year with the Covid stuff, and I have been out of work for months now.

I have four children from my past relationship and a good rapport with my ex-partner (never married), and although unusual, she pays me child support in the amount of $2650 per month, or $31,800 per year. I have the court order for this, as well as supporting documentation showing years of her making timely payments.

My fiancé has one child of her own, from a prior marriage, and her child is a US citizen. She has a child support order as well, in the amount of $1100 in the state of California, but she has not been receiving it.

So here's my issue: It seems that my receiving child support doesn't count toward my income - I can't find anywhere to add this amount on my affidavit of support, and if my income was counted without that child support I wouldn't pass the support test. Is this correct? Does the child support I receive not count?

What, legally, can be done to address this? I don't believe I can find a sponsor (parents and siblings won't do it), and don't have enough cash or cash equivalents to bridge the 5:1 requirement for cash in lieu of income.

I am basing household size on the *future* size of the house (Myself, Her, My four kids, her one kid = 7) and not the current size of my house (5) for the 125% poverty threshold (I believe it's 125%?).

Huge thanks in advance for any thoughts on the subject.

[Houstonian2020]

So really, just if anyone had ever used child support as a part of income. That was my main question.

[PKumar01]

Unless child support is included in your tax returns (most of the time, it's not), then I believe you can't claim this income. It's all based on what your tax returns say for last year. But you didn't mention whether this is for the adjustment of status or for the I-134 at the K visa. If you're filing the adjustment of status, then you'll get an opportunity to mention the child support in the I-944. But if you're going for the I-134, then you can't necessarily use child support as an income unless it's on your tax returns.

[Houstonian2020]

PKumar01 Huge thank you for the response. The stage we're at is the I-134 (Embassy interview in her home country). It is my understanding that, should she pass the I-134, she will then have the chance to come to the US, and 90 days later we would fill out and file the I-864(?).

Q1: So, my next question (I promise I won't have many) is, when they're determining "ability to support", this is based on the number of household residents once she arrives, correct? So, in our case, Myself, Her, My four kids, and her American born child = 7. Or, is it based on the number from that year? (Myself and four kids = 5).

Q2: For the I-134 is it 100% poverty level? or 125%? I've seen both online, but wasn't sure.

The reason I'm sweating this so much is I'm kind of right at the edge of the threshold for the numbers.

[PKumar01]

The I-134 is for the K visa interview. When she arrives in the US, and you get married, you will file the i-485 and need the I-864 at that time.
1. The household size is based on the person sponsoring. If you're the person filling out the I-134 and sponsoring her, the household size is your household (dependents) + the immigrant + any of her children on a K2 visa. It's all based upon the tax returns. What dependents do you show for the most-recent tax return? add them.
2. The I-134 officially uses 100% poverty limits as the minimum. However, it's up to the discretion of the officer to ask for 125%. The most common is 125%... that's why you see the confusion online.
if you have further questions, you can message me directly