There are more considerations than just being claimed as dependents. Which household do they live in, are you responsible for any support for the 4th child? You should also be able to count child support as income to meet your obligation under the Poverty Guidelines.
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108 | (619) 299-9600
Fax: (619) 923-3277
Former Adjunct Professor -- Immigration law
University of Illinois College of Law
The instructions for the Form I-864 clearly indicate when you must include a child as a dependent and when you do not need to count them.
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Everything still has to be reviewed by a counsel before you submit the Affidavit of Support.
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There is a lot to take into consideration, including any child support obligations, or payments received. Ask the petitioner to consult an attorney!
Dhenu Savla, Esq.
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It is based on what you mark on the tax return.
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