Important Few Questions...

[FlyCal 0]

Hi All,

So, I am currently waiting for an I-190 approval that was filed early March. My situation may be a little unique, but I wanted to see what you guys suggest..

-My wife will be attending school full-time for 1 year once we get into the US...therefore no income for that time period.

-I am leaving my main job in Canada in order to pursue some training and a slightly new career path in the US...therefore, income will be nil at the time of immigration.

-We have substantial assets that we are bringing in which we can support ourselves nicely for quite a while, plus I am still going to working at a secondary job to help support us a bit more.

-Our Canadian tax returns would show substantial income over the past few years.

What will USCIS think of this situation? I know we are supposed to file tax returns, bank statements and employment verification once we are in the next phase of immigration, but since our situation is a bit unique, will this cause any issues?

What are peoples thoughts on this?

[Ms Hogan 295]

I'm confused about your question, are you filing for your spouse? Who is the USC? I don't know what an I-190 is so don't know what other steps would follow that path.

USCIS won't care about income from Canada for a spousal petition. The USC has to be able to support the beneficiary based on the poverty guidelines. There is an opportunity to use assets. However, you must have tax returns filed for the past 3 years in the States.

Lots to think about obviously and I'm sorry I can't be more help.

[FlyCal 0]

I'm confused about your question, are you filing for your spouse? Who is the USC? I don't know what an I-190 is so don't know what other steps would follow that path.

USCIS won't care about income from Canada for a spousal petition. The USC has to be able to support the beneficiary based on the poverty guidelines. There is an opportunity to use assets. However, you must have tax returns filed for the past 3 years in the States.

Lots to think about obviously and I'm sorry I can't be more help.

Sorry, I meant I-130. I must have had a slip of the hand.

My spouse is filing for me as she is the USC. No income has ever been derived from the US, and she's going to bring her tax filing status up to date ASAP. If they dont care about Canadian income, how will they qualify her for support? They would have to look at her Canadian tax filings or at least pay history I would assume.

[Ms Hogan 295]

OK, I-130, got it!

For starters, she can't support you using a Canadian income that she won't even have anymore. If the job is gone, the job is gone. Her past employment in Canada doesn't help her to support you in America.

She has to be able to support you using assets that are in the US or having a job there that will support both of you. It sounds like you will need to get a joint sponsor which is completely acceptable. There are a lot of posts throughout the boards regarding I-864 or AOS (Affidavit of Support NOT Adjustment of Status) so take some time to poke around so you can better-understand the process.

[speedwell 224]

I thi8nk you can concentrate on "substantial assets", if they're substantial enough. I might even hold off on buying a house for the time being to maximize your cash reserves with which you will qualify for the AOS. They don't like to count a primary residence as assets, so for the time being you might correspond with apartments to help establish intent to domicile, rather than buying a house. Someone mentioned that on another site where someone intends to qualify with assets. Your assets must be well over the rule though (either 3x or 5x the poverty rate for your household, someone will know where that is, I'm getting a headache...). Think about various ways to work it.