Can my fiance sponsor me if he pays child support? 7 Answers as of January 25, 2011

My fiance pays child support. Can he still sponsor me to stay in America with him? We love each other and want to start a live together?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
There is no problem if your fianc pays child support. The standard USCIS uses is 125% of the Poverty Guidelines depending on family size. Whether or not the children he is paying child support on count depends on whether they show as dependents on the tax return or if they live with him (joint custody or other arrangement).
Answer Applies to: California
Replied: 1/25/2011
JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
Yes your fiance can sponsor you for a visa to come to the United States even if he is currently paying child support. His children will have to be counted toward his household size to determine whether his income is enough to sponsor you. If his income is not sufficient under the Federal Poverty Guideline given the size of his household, then he must find a joint sponsor to help you through the visa application process. The joint sponsor can be a friend or a family.
Answer Applies to: California
Replied: 1/17/2011
Law Office of Baoqin Wang
Law Office of Baoqin Wang | Baoqin Wang
The fact he pays child support does not affect his ability to sponsor your immigration visa.
Answer Applies to: Oregon
Replied: 1/17/2011
Fletcher, Tilton & Whipple, PC
Fletcher, Tilton & Whipple, PC | Kirk A. Carter
Yes. His support obligations will factor into the family size and his support requirements under the Affidavit of Support that he must submit on your behalf. If because of the child support and family size issue he cannot meet the support requirements for you, your income can be added to his if you have been living together for at least 6 months, or a back up financial sponsor can be secured in order to meet the financial standards required to show that you will not become a financial burden to the United States.
Answer Applies to: Massachusetts
Replied: 1/17/2011
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
Yes, as long as he earns enough to also cover the poverty guidelines listed on the I-864p which is part of the I-864 affidavit of support.
Answer Applies to: Virginia
Replied: 1/17/2011
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