Income Requirement Question for I-864??

[simistar 2]

Hello VJ ladies and gents:-)

Since I haven't done my timeline (sorry, don't actually know how?)...here are the basics before I ask my question..

We direct consular filed in Vancouver for a CR-1 visa...

My husband is American and I am Canadian.

My husband has been out of the States for a good seven or eight years working in Canada.

Here's my question...

For the I-864 form, you have to prove your income is at least 125% of the federal poverty line.

This is not a problem, except that he's making Canadian money AND of course this same amount is not guaranteed when we move to the States...so can his income still be used to meet the "income requirements"??

He has a really good job here so basically we'd only move if I get a job there... so it's not like he has a job offer/letter to show...

Does this mean we would need to use assets instead...?

If so, how do we do that...? Show our annual market assessment on our house and proof of mortage payments to our bank...?

~Sigh~

I've searched the forum FOREVER and haven't been able to find the answer... so if it IS on here somewhere, pls point me in the right direction!:-)

Am ready to stab my eyes out figuring all this out!

Any help/advice would be appreciated!

[Anh map 2,098]

Read through the instructions for the I-864 to learn about using assets. I am not sure if foreign assets would be accepted.

If his income will not continue in the US then you will need to qualify on assets or obtain a cosponsor.

[simistar 2]

Read through the instructions for the I-864 to learn about using assets. I am not sure if foreign assets would be accepted.

If his income will not continue in the US then you will need to qualify on assets or obtain a cosponsor.

Thanks!

I think I read somewhere that foreign assets are okay as long as they can be converted to cash within one year -- but maybe someone else on here knows for sure...?

And thanks for pointing me to the instruction part of the I-864... don't know how I missed it...too flustered I guess:-) Sounds like using assets is a huge PITA and might be easier to get his parents (who live in the US) to be co-sponsors...

Edited September 17, 2009 by simistar

[trailmix 77]

Hi and welcome,

I don't know how much you have already answered looking at the instructions, but I have answered your questions below. We used assets, however they weren't foreign as such, but i'm thinking a house in Canada might be accepted.

If you use assets and you are only sponsoring your spouse you need 3 times the 125% in assets.

It's not a hassle doing the form and using assets at all - however I would suggest that you email the Montreal consulate and ask them directly if they will accept a house in Canada. Their email address is Montreal-IV-DV@state.gov

A co-sponsor is also an option.

To fill in your timeline just click on the My Assistant link at the top of the page and then Edit/Add my timeline.

This is not a problem, except that he's making Canadian money AND of course this same amount is not guaranteed when we move to the States...so can his income still be used to meet the "income requirements"??

No it can't.

He has a really good job here so basically we'd only move if I get a job there... so it's not like he has a job offer/letter to show...

Even if he had a job offer they wouldn't accept it.

Does this mean we would need to use assets instead...?

If so, how do we do that...? Show our annual market assessment on our house and proof of mortage payments to our bank...?

You have to have a house valuation and also show what you owe.

[simistar 2]

If you use assets and you are only sponsoring your spouse you need 3 times the 125% in assets.

It's not a hassle doing the form and using assets at all - however I would suggest that you email the Montreal consulate and ask them directly if they will accept a house in Canada. Their email address is Montreal-IV-DV@state.gov

A co-sponsor is also an option.

To fill in your timeline just click on the My Assistant link at the top of the page and then Edit/Add my timeline.

Thank you SO much Trailmix!

I will e-mail Montreal...I think maybe between one of our cars and our house, we would have enough...

And I guess using his parents as co-sponsors is always an option as well...

So, I had already filled in SOME of my timeline before...I just added my interview date...

But I guess what I meant was, I don't know how to get it to show up as a "siggy"...or does that matter..? I guess everyone can just click on "my timeline" to see it...?

You have to have a house valuation and also show what you owe.

Do you happen to know if the annual assessemnt sent out from the city will do for the "house evaluation" part of this...?

Thanks!!!

[trailmix 77]

Hi,

There is an edit your signature 'feature' which is how people put it in every message - so the option is there, but yes, they can just click on timeline to see yours.

I don't think they will accept the taxation assessment for valuation, from the I-864 instructions, page 8:

You may include the net value of your home as an asset. The net value of the home is the appraised value of the home, minus the sum of any and all loans secured by a mortgage, trust deed, or other lien on the home. If you wish to include the net value of your home, this, you must include documentation demonstrating that you own it, a recent appraisal by a licensed appraiser, and evidence of the amount of any and all loans secured by a mortgage, trust deed, or other lien on the home. You may not include the net value an automobile unless you show that you have more than one automobile, and at least one automobile is not included as an asset.

Even if you get an affirmative answer from Montreal regarding the Canadian house, it is not a bad idea to line up the co-sponsor as well. You don't want to get to the interview and find they reject it and then have to submit info later, unless you are in no hurry (sometimes it takes a couple of weeks or months for them to sort stuff like that out)

I noticed in your original post that you mentioned you would only move if you got a job in the U.S. - just want to mention that once he receives his visa he only has 6 months to move to the U.S. - if he doesn't then you will have to start over with a new application.

Also, you will need to prove you are 'domiciled' in the U.S. - this has become an issue with Montreal lately. You didn't ask about it so i'm just assuming you have already researched that and have your proof of domicile all done.

Edited September 17, 2009 by trailmix

[Anh map 2,098]

From the I-864 instruction:

The net value of the home is the appraised value of the home, minus the sum of any and all loans secured by a mortgage, trust deed, or other lien on the home. If you wish to include the net value of your home, this, you must include documentation demonstrating that you own it, a recent appraisal by a licensed appraiser, and evidence of the amount of any and all loans secured by a mortgage, trust deed, or other lien on the home. You may not include the net value of an automobile unless you show that you have more than onea utomobile, and at least one automobile is not included as an asset

Oops, too slow on the trigger. Can't hurt to see it twice.

Edited September 17, 2009 by Anh map

[simistar 2]

If you wish to include the net value of your home, this, you must include documentation demonstrating that you own it, a recent appraisal by a licensed appraiser, and evidence of the amount of any and all loans secured by a mortgage, trust deed, or other lien on the home. You may not include the net value an automobile unless you show that you have more than one automobile, and at least one automobile is not included as an asset.

Uugh. That sounds kind of complicated (and time-consuming...and I don't have much time!:-))... I don't even know if we have "licensed appraisers" in Canada??

Even if you get an affirmative answer from Montreal regarding the Canadian house, it is not a bad idea to line up the co-sponsor as well. You don't want to get to the interview and find they reject it and then have to submit info later, unless you are in no hurry (sometimes it takes a couple of weeks or months for them to sort stuff like that out)

yep...I agree...sounds safer to just use his parents as cosponsors...

I noticed in your original post that you mentioned you would only move if you got a job in the U.S. - just want to mention that once he receives his visa he only has 6 months to move to the U.S. - if he doesn't then you will have to start over with a new application.

Also, you will need to prove you are 'domiciled' in the U.S. - this has become an issue with Montreal lately. You didn't ask about it so i'm just assuming you have already researched that and have your proof of domicile all done.

Sorry -- I should clarify

My husband is the American and I'm the Canadian...so technically it is he who is applying for ME...

However, he's hopeless with this stuff (well, so am I, but less than he is, lol:-)) so I am gathering all the info for the forms/application so all he has to do is fill in the blanks...

I am aware of the six month limit... Basically we've agreed that if I can't find a job in the States in 6 months, then we'll just stay here in Canada. (since he has a good job, etc...)

We're working on the domicile stuff too...

Although I thought I'd have more time, lol! I just got my letter two days ago and I thought my interview would be like four months away...but instead it's NEXT MONTH!!! Yikes. This is why I am suddenly in panic mode...

In any case, AGAIN< thank you for your help!!

Edited September 17, 2009 by simistar

[trailmix 77]

No problem.

We do have licensed appraisers here, for most mortgages a licensed appraiser must appraise the house for the bank before they will approve a mortgage.

If you think of any other questions, don't hesitate to ask - barring that, don't forget to update us on how your interview went

[simistar 2]

Weird... I don't ever remember having a licensed appraiser look at our place before we got our mortgage... we had it inspected...but appraised..? Weird, will have to look into this!:-)

I will definitely post about how my interview goes...eeeek! Am busy getting vaccines and setting up my medical exam... Uugh :-)

[simistar 2]

it is not a bad idea to line up the co-sponsor as well.

Hey Trailmix (or anyone else who might know)....

I know the co-sponsor has to fill out an I-864...but then do I bring that with me to the interview... or does the co-sponsor mail it somewhere on his/her own...??

Also, does the co-sponsor (in this case, my mother-in-law who lives in the States) need to provide copies of just the most recent year's tax return...or three years... or they can do both...?

Since I haven't seen whether I bring the co-sponsor's I-864 or they mail it in, I'm guessing I bring it, along with the copies of tax return(s) and a photocopy of their passport and/or birth certificate... Just want to confirm I have this right?:-)

THANK YOU in advance...

[trailmix 77]

it is not a bad idea to line up the co-sponsor as well.

Hey Trailmix (or anyone else who might know)....

I know the co-sponsor has to fill out an I-864...but then do I bring that with me to the interview... or does the co-sponsor mail it somewhere on his/her own...??

Also, does the co-sponsor (in this case, my mother-in-law who lives in the States) need to provide copies of just the most recent year's tax return...or three years... or they can do both...?

Since I haven't seen whether I bring the co-sponsor's I-864 or they mail it in, I'm guessing I bring it, along with the copies of tax return(s) and a photocopy of their passport and/or birth certificate... Just want to confirm I have this right?:-)

THANK YOU in advance...

You should bring a copy of all three years. Only 1 year is requested - but I would advise 3 as sometimes they ask for the other 2 (they did for mine) - and you don't want to be sitting there without them! I don't ever recommend bringing excessive paperwork - but in the case of the affidavit of support I consider the 3 years of tax returns to be necessary.

You should bring it to the interview - you will present it with your Husband's I-864.

You will need the photocopy of her passport biographic page - as you must prove she is a U.S. citizen or PR. I don't think you need a copy of her birth certificate as well.

[simistar 2]

You should bring a copy of all three years. Only 1 year is requested - but I would advise 3 as sometimes they ask for the other 2 (they did for mine) - and you don't want to be sitting there without them! I don't ever recommend bringing excessive paperwork - but in the case of the affidavit of support I consider the 3 years of tax returns to be necessary.

You should bring it to the interview - you will present it with your Husband's I-864.

You will need the photocopy of her passport biographic page - as you must prove she is a U.S. citizen or PR. I don't think you need a copy of her birth certificate as well.

THANK YOU THANK YOU THANK YOU!!