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Filed: Timeline
Posted

We have filed I-130 in Montreal via Calgary. I called the consulate in Montreal the other day to ask about having the affadavit of support notarized, the person on the phone told me I would need US income (have been living in Calgary fo 13 years), other wise use assets or joint sponsor. Nowhere on the I-864 does it say income MUSt be US, additionally our assets are all in Canada, would these not suffice? Do I need to ask a joint sponsor (family member in US) ? Anyone have any issues with I-864?

Posted

The income DOES have to be US based, this is to show that you have means of support in the US. The only way an income can be considered outside of the US is if you work for a US company and your income will continue when you move back to the US.

If the sponsor does not have a US based income you will need a co-sponsor who has employment in the US, and earns an income that is subject to 125% of the poverty line..

The only other alternative to this is to use assets, like a house, etc....

Filed: Country: United Kingdom
Timeline
Posted

jhbcgy,

I suggest you read the DCF Guide. The instructions for the I-864 are very clear on where the income has to be.

Assets are another story. Assets can be held by either person and be in any country with the stipulation that they can be converted to cash w/in 12 months if needed and that you could take that money out of the country it's in.

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

Filed: Timeline
Posted
The income DOES have to be US based, this is to show that you have means of support in the US. The only way an income can be considered outside of the US is if you work for a US company and your income will continue when you move back to the US.

If the sponsor does not have a US based income you will need a co-sponsor who has employment in the US, and earns an income that is subject to 125% of the poverty line..

The only other alternative to this is to use assets, like a house, etc....

I am the USC/sponsor, and guess I neglected to mention that I am moving back to work for US company whom I have been contracting with for years (but under my own Canadaian Corporation thus not an amployee of said US company)). Thus I have offer/letter of employment from new employer in NY. My previous 3 income tax form show 0 as the net due to foregin exclusion, but the foreign exclusion is well above the 125%. Additionally we own our house here in Calgary, but I also don't know if they would use that since it is not US either.

Filed: Timeline
Posted
jhbcgy,

I suggest you read the DCF Guide. The instructions for the I-864 are very clear on where the income has to be.

Assets are another story. Assets can be held by either person and be in any country with the stipulation that they can be converted to cash w/in 12 months if needed and that you could take that money out of the country it's in.

Thanks DCF guide quite helpful. It shows no matter how many times one reads something, you can always glean more. Plus the I-864 form itself is quite clear that "if assets are or will be available in the US..." Thus sounds like we're OK

Thanks to all, just didn't want to end up @ interview without all required doc.

Filed: Country: United Kingdom
Timeline
Posted

jhbcgy,

I suggest you read the DCF Guide. The instructions for the I-864 are very clear on where the income has to be.

Assets are another story. Assets can be held by either person and be in any country with the stipulation that they can be converted to cash w/in 12 months if needed and that you could take that money out of the country it's in.

Thanks DCF guide quite helpful. It shows no matter how many times one reads something, you can always glean more. Plus the I-864 form itself is quite clear that "if assets are or will be available in the US..." Thus sounds like we're OK

Thanks to all, just didn't want to end up @ interview without all required doc.

Ahhhh, now this is a horse of a different color.

You could certainly document your particular employment situation and take it along to the interview if you go. You should be able to show that your employment is continuing in the US despite your lack of a j-o-b status currently---it's all the same people involved.

If it were me, I'd go in and make a case for it being applicable income. I think that considering the country involved, you will be happy with the outcome.

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

  • 4 weeks later...
Posted

jhbcgy,

I suggest you read the DCF Guide. The instructions for the I-864 are very clear on where the income has to be.

Assets are another story. Assets can be held by either person and be in any country with the stipulation that they can be converted to cash w/in 12 months if needed and that you could take that money out of the country it's in.

Thanks DCF guide quite helpful. It shows no matter how many times one reads something, you can always glean more. Plus the I-864 form itself is quite clear that "if assets are or will be available in the US..." Thus sounds like we're OK

Thanks to all, just didn't want to end up @ interview without all required doc.

Ahhhh, now this is a horse of a different color.

You could certainly document your particular employment situation and take it along to the interview if you go. You should be able to show that your employment is continuing in the US despite your lack of a j-o-b status currently---it's all the same people involved.

If it were me, I'd go in and make a case for it being applicable income. I think that considering the country involved, you will be happy with the outcome.

Hello. I know I am coming to this thread late -- but it is something I was dealing with as well.

I live in Morocco and work in Morocco but will be returning home (with husband I hope) next month. I filled out the i-864 as best I could but just put little notes in the margins saying that not only was my income not US-based but that it would end in a few weeks. My parents are joint-sponsoring at are well-above the poverty line and all forms looking in order.

This is a nit-picky, perfectionist question but -- will this work? I went to the Consular today to have it notarized -- I tried to ask the CO about this non-US inome form business and she said "stop asking me questions about the visa" and was very condescending and verbally abusive (apparently Casablanca is notorious for this sort of treatment).

It seems like a form-issue to me -- it doesn't address the direct filer -- or am I wrong?

Thanks,

Amanda

Filed: Timeline
Posted

All,

Answers are only as useful as the information provided with the question.

Yodrak

I ... guess I neglected to mention .....

Amanda,

Your present income is meaningless, but that's fine as long as your Joint Sponsor's financials are adequate and acceptable.

Yodrak

Hello. I know I am coming to this thread late -- but it is something I was dealing with as well.

I live in Morocco and work in Morocco but will be returning home (with husband I hope) next month. I filled out the i-864 as best I could but just put little notes in the margins saying that not only was my income not US-based but that it would end in a few weeks. My parents are joint-sponsoring at are well-above the poverty line and all forms looking in order.

This is a nit-picky, perfectionist question but -- will this work? I went to the Consular today to have it notarized -- I tried to ask the CO about this non-US inome form business and she said "stop asking me questions about the visa" and was very condescending and verbally abusive (apparently Casablanca is notorious for this sort of treatment).

It seems like a form-issue to me -- it doesn't address the direct filer -- or am I wrong?

Thanks,

Amanda

 
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