I-864 on Disability

[Oh-Boy 0]

Hi everyone,

This IS complicated!

Summary:

I met her then lived with her in Belguim for almost 6 months. She was going to immigrate to Canada before I met her so she did. I then lived with her for 4 years in Canada "illegally." I don't work so I didn't take anyone's job and spent my disability income in Canada so it was thier gain.

We had a child born in Canada, now 2 years, 9 months old. He has US and Canadian passports BUT never has been to US. My permanent address as always been in the USand I travelled fequently for medical care but physically almost all in Canada.

Her immigration was incorrectly filed by her European consultant. She will now have to wait until she is an approved permanent resident to Canada before she can work again so she lost her income. She must move soon because her savings is limited after no job for months.

If she moves back to Europe (Dutch citizen) she cannot leave again because her ex-husband will not let her daughter leave the country again even though he agreed the first time. I probably can never be accepted there.

We can easily be accepted as "married" in Canada after 6 months of cohabitation which is now 5 years BUT we did not have a permanent relation when she moved to Canada so her immigration was just her and her daughter.

She obtained a Canadian Immigration lawyer who said this will take many months to fix, maybe a year.

At this rate,she will ultimately move to Europe andI will be seperated from her and my son permanently.

My Idea:

I've already asked her to go with me to US and live there for at least her 3 month visa time.

If the Canadian PR doesn't come through, I will surprise her with a marriage proposal a couple of weeks before her visitor's visa expires. I've already checked and her 10 year old can go to school in WA state while visiting as it is WA law she has to be in school.

I'm not sure she will marry me as we both said we didn't want to get married again(I have an ex too.)

I've done a LOT of reading and it is quite alright to visit the US because she has no intention of staying. She would have to permantly abandon immigration to Canada if she marries me. She does not want to do that and just paid her CA attorney thousands of dollars. She will be with me for over 2 months in the US so I will see how she likes it and if I really want to marry her.

THE QUESTION:

I-864

I get $1700 a month from Social Security Disability, ($1600 in cash and $100 taken out for Medicare B.) My 3 children (2 with ex-wife) split half of my income.

I'm PRAYING there is a way to meet the 125% poverty. I read that they want all children on application BUT the mothers get the child support, not me. My other children are well off and I just have visitation not custody.

With just 4 (my possible fiance, her 10 year old, our 3 year US citizen and me) I do meet the guidelines IF I can count his Social Security recieved by his Mom on my behalf.

Is any of this possible?????????

How do all the people from south of the US do it???

Can all countries involved really keep a father and child apart???

WOW did this get complicated!!!!

Thanks for reading.

What a story! If it does turn out terrible, maybe I can write a book and make enough money someday to see him and her again?

[carton025 38]

sorry, i chose not to read the long, sad story. but, you stated that there will be 4 in ur household, correct? If this is correct, your income will definitely be borderline. As a sidenote, I might also want to write a book. Best of luck!

Sid

[pushbrk 12,569]

You'll need a qualified joint sponsor as you will not even come close to qualifying to sponsor your wife and her child. Otherwise, your plan could work well, if she'll marry you.

[Oh-Boy 0]

Thank you for your replies.

IF they only count 2 children, I think we will be OK.

I read that they want ALL children included which would be the two that will live with us AND one that lives with her ex and two that live with my ex even though I do not have custody.

Is there a way to only have the two that will live with us?

Then we can make the income.

I also just read that she will get a work permit before the adjustment of status that has the I-864 SO she can work so we have more income.

Am I correct?

Thanks again.

Edited August 6, 2013 by Oh-Boy

[JohnR! 5,495]

Thank you for your replies.

IF they only count 2 children, I think we will be OK.

I read that they want ALL children included which would be the two that will live with us AND one that lives with her ex and two that live with my ex even though I do not have custody.

Is there a way to only have the two that will live with us?

Then we can make the income.

I also just read that she will get a work permit before the adjustment of status that has the I-864 SO she can work so we have more income.

Am I correct?

Thanks again.

For the purpose of household size, in the context of affidavit of support, your minor children always count, regardless of custody or with whom they live. Your future wife will not be able to use her income, derived from work once she is stateside, to complement the required minimum. Be proactive and have a co-sponsor lined up.

Good luck!

[Oh-Boy 0]

Thanks for the input Gegal!

I sure hope you are wrong that I cannot use her income too. I'm 53 and disabled with no possibility of co-sponsors. I guess the old days with big families had some advantages. Many people have few relatives now.

Maybe there is some other way as she is my main support physically and financially. And I watch our 3 year old so it will be a big disaster and hardship for all of us. She will go back to the Netherlands with no baby sitter, no job and the children do not speak Dutch.

There is just no way to correct the mistake on her Canadian application.

I never had any idea the USA could or would keep a US citizen's spouse (and a minor's US citizen's Mom and himself) out of the USA and break up a family.

There must be some way. Any suggestions?

Thanks again.

[pushbrk 12,569]

Already suggested. Find a qualified joint sponsor.

[Oh-Boy 0]

c

[Oh-Boy 0]

Thanks for the reply!

There is no possibility of a co-sponsor.

I found the below and others site imply this means her income can be used. My understanding is she will get a work permit I calculated she would only need to make $8 an hour to bring our "household" income to the appropriate level.

Form I-864 Instructions 03/22/13 N

Page 6 of 13

b.

If you included the income of the intending immigrant who is your spouse (he or she would be counted on

Item Number 7. of Part 5.), evidence that his/her income will continue from the current source after obtaining lawful permanent resident status must be provided. He/she does not need to complete Form I-864A unless he/she has

accompanying children.

[pushbrk 12,569]

The problem is that with your plan, the I-864 will be required nearly three months BEFORE your wife could be granted work authorization. If I were in your shoes, I don't know that I wouldn't try it though.

Edited August 7, 2013 by pushbrk