Montreal filing explanation please

[housewife 1]

Hello

I am new here. I've been researching for several hours (I've been up since 4 am) and I'm lost and confused.

Anyone who wishes to help me I would greatly appreciate it.

I am an american citizen. My hubby is canadian citizen. We have been married a long time and now want to move to the USA. I am a permanent resident of canada for a long time, (over 10 years for our marriage and my residency).

I went to Montreal. I brought all the required documents, with the exception of translations, and they accepted everything telling me to get the translations done which I already did. We paid the $355. They said we can bring the translations next time.

They said we will receive info in the mail and then we will come one more time to get the visa which is by mail.

My questions are: I did not receive a case # is this normal??

How long generally till you get stuff in the mail.???

I am assuming the stuff in the mail is the RCMP report that he talked about. My husband has never lived anywhere else than here so he only needs that one and the medical?

Can you do the medical before getting the packet in the mail to be ready??

I know they said the RCMP was good for a year so they said we could get it but to wait a bit.???

I am in the process of restablishing residency in the US. I have a place to live (lease) phone, cable, internet, cell phone, (all US), business that I am buying, and will be buying a car.

We are married for over 10 years and have lived at the same address for all of the time we are married. What is required to prove of ongoing marriage? Is a letter from the bank stating we have a joint bank account enough??

Affidavit of support can be joint finances and we are ok with that.

What else do I need???

Any help would be most appreciated.

Thank you in advance. I'm so lost with all the abreviations and locations.

[TOM&Riz 4]

Hello

I am new here. I've been researching for several hours (I've been up since 4 am) and I'm lost and confused.

Anyone who wishes to help me I would greatly appreciate it.

I am an American citizen. My hubby is Canadian citizen. We have been married a long time and now want to move to the USA. I am a permanent resident of Canada for a long time, (over 10 years for our marriage and my residency).

I went to Montreal. I brought all the required documents, with the exception of translations, and they accepted everything telling me to get the translations done which I already did. We paid the $355. They said we can bring the translations next time.

They said we will receive info in the mail and then we will come one more time to get the visa which is by mail.

My questions are: I did not receive a case # is this normal??

How long generally till you get stuff in the mail.???

I am assuming the stuff in the mail is the RCMP report that he talked about. My husband has never lived anywhere else than here so he only needs that one and the medical?

Can you do the medical before getting the packet in the mail to be ready??

I know they said the RCMP was good for a year so they said we could get it but to wait a bit.???

I am in the process of restablishing residency in the US. I have a place to live (lease) phone, cable, internet, cell phone, (all US), business that I am buying, and will be buying a car.

We are married for over 10 years and have lived at the same address for all of the time we are married. What is required to prove of ongoing marriage? Is a letter from the bank stating we have a joint bank account enough??

Affidavit of support can be joint finances and we are ok with that.

What else do I need???

Any help would be most appreciated.

Thank you in advance. I'm so lost with all the abreviations and locations.

You will receive your case number when you get your NOA1 in the mail, the US consulate is broken up into two parts when you apply it goes through the visa section for approval they will do the needed back round checks etc. Once approved the file is then handed over to the Department of State who will proceed with your case gathering the documents needed. This step should take about a month depending on case load and back round information.

Yes he will only need a clearance from where he lived and only one medical screening

not sure on the rule in Canada someone may chime in here but you can schedule an advance medical once you receive your NOA1

your establishment of a bonafide marriage shouldn't be a problem, you have been married 10 years and lived together, just make sure you have documents to prove you have been together IE: joint accounts, cards, pictures bills etc.

your AOS is going to be the issue, since you live in Canada you need to prove you will have an ongoing income equal to or greater then the poverty line for two person household which is currently a meager $18.212.00 for 2010, the DOS looks to future earnings rather then past and will accept a combination of earnings and assets however assets are values at 1/3 value including cash accounts. A co-sponsor is accepted if proof of income is an issue.

Follow the guide above for DCF and here is a link for AOS information AOS LINK

Good Luck

Edited August 2, 2010 by Tommy&Riza

[birdnerd 5]

Hello

I am new here. I've been researching for several hours (I've been up since 4 am) and I'm lost and confused.

Anyone who wishes to help me I would greatly appreciate it.

I am an american citizen. My hubby is canadian citizen. We have been married a long time and now want to move to the USA. I am a permanent resident of canada for a long time, (over 10 years for our marriage and my residency).

I went to Montreal. I brought all the required documents, with the exception of translations, and they accepted everything telling me to get the translations done which I already did. We paid the $355. They said we can bring the translations next time.

They said we will receive info in the mail and then we will come one more time to get the visa which is by mail.

My questions are: I did not receive a case # is this normal??

How long generally till you get stuff in the mail.???

I am assuming the stuff in the mail is the RCMP report that he talked about. My husband has never lived anywhere else than here so he only needs that one and the medical?

Can you do the medical before getting the packet in the mail to be ready??

I know they said the RCMP was good for a year so they said we could get it but to wait a bit.???

I am in the process of restablishing residency in the US. I have a place to live (lease) phone, cable, internet, cell phone, (all US), business that I am buying, and will be buying a car.

We are married for over 10 years and have lived at the same address for all of the time we are married. What is required to prove of ongoing marriage? Is a letter from the bank stating we have a joint bank account enough??

Affidavit of support can be joint finances and we are ok with that.

What else do I need???

Any help would be most appreciated.

Thank you in advance. I'm so lost with all the abreviations and locations.

Hi, I suggest you have a look at our DCF thread for a better understanding of the steps and timing.

Your husband needs to go to his local police or RCMP station to request a Canada-wide name search of the National Criminal Records Repository. He does not need a full fingerprint check (unless he has a criminal history). It should only be about $25-40. The consulate considers it valid for one year, so you may want to hold off on getting it.

The medical you can't schedule until you receive your interview letter from Montreal, so that will be some time from now.

Your domicile stuff sounds pretty good.

As for marriage bonafides, this won't be as important for you to prove as say, newlyweds, so really anything you have together with your names on it such as mortgage, life insurance beneficiary, joint bank accounts, etc.

The affidavit of support requires you to have a (US-earned) salary of more than $18,500 (not sure the exact amount) if the household size is just you and your husband, OR assets of more than $56,000 (again, not sure the exact amount). You can look up the details in the instructions for the I-864.

Edited August 2, 2010 by birdnerd

[housewife 1]

Hi,

thannk you for your replies.

The AOS I have no income. My husband supported me my entire married life. But we do have assets, he has assets, I have an RRSP (IRA) and he has his retirement account including the condo we live in which is almost mortage free.

If they accept his money then I'm ok. I am buying a business but there won't be any income tax filed yet as I won't officially own it for another month (in the USA). I will have employees there running it and I will be officially a resident of the USA in less than 1 month.

I will for all intent purposes be a resident of both places. I'm a permanent resident here and I will become an offical resident there in 3 weeks.

I can meet the 5x 125% of poverty level with his assets if required so I am assuming this is ok.??

thank you to both for your replies. I hope it goes through quickly. I just want to go home.

[housewife 1]

I should say that we have joint bank account, and I can show phone bill in my name and electric bill in his name for the same address.

Not big on pictures, but I can show spousal IRA (RRSP), don't know what else they would want after all these years of marraige.

Condo is owned soley by him as I had no reason to have my name on it. I can show that I am the principal driver of his car from a letter from the insurance company.

[TOM&Riz 4]

I can meet the 5x 125% of poverty level with his assets if required so I am assuming this is ok.??

NO ... please read the link i provided ... YOU being the primary sponsor need to be the one to show ability to support, you will need to get a co-sponsor ...

[housewife 1]

Hi,

Ok, I'm a little freaked now.

I have money in the bank. I will own a business but I won't have filed a return yet as that won't happen till next year.

I can prove that I have money in a US account even at 1/3 the value it would equal more than 20K plus his assets??

I was under the impression that his assets can count.

I have no living relatives in the entire world. I have no one to co-sign this for me in the USA. He has no family in the US he is not american.

I have no friends that I could ask this of. Are you saying that the won't get his green card because I have money in the bank but it doesn't count???

[housewife 1]

I'm coming back to first say thank you. I appologize for not saying thank you right away.

I'm a nervous wreck. First thank you. Second I did read the link thank you to the nice person for providing it.

I'm under the impression that assets valued at 5x the 125% (poverty line) counted and that it could be joint assets as long as they were readily available. (although someone once said 3x) but I can provide 5x so I'm wondering??

People apply and go live in the US with retirement accoutns??

[housewife 1]

The affidavit of support requires you to have a (US-earned) salary of more than $18,500 (not sure the exact amount) if the household size is just you and your husband, OR assets of more than $56,000 (again, not sure the exact amount). You can look up the details in the instructions for the I-864.

I can show the $56,000 in cash assets no problem in US funds not a problem. We have saved for this for a long time.

How can I show US earned income if I live in Canada now.??? I am only buying my business ????

[housewife 1]

. What are the Financial Requirements the ?Sponsor? Must Meet?

The sponsor must have an income or assets or a combination thereof that meets at least 125% of the stated poverty guidelines. In deference to the sacrifices made by our U.S. armed forces, sponsors on active duty in the U.S. Armed Forces need only meet 100% of the stated poverty guidelines. Moreover, all household members of the sponsor are considered when determining whether the sponsor meets the poverty guidelines. Under this provision, members of the household may even include individuals whom the sponsor does not directly support. The following persons are considered household members of the sponsor:

•Individuals related, by blood, marriage or adoption, to the sponsor, such as a spouse and all children. ?Children? are considered as persons under age 21, irrespective of parental custody. Parent(s) of the sponsor are also included in this determination if residing with the sponsor.

•Any other person listed as a dependent on the sponsor?s IRS income tax return.

•Any person for whom the sponsor has previously executed a Form I-864.

•The beneficiary, or applicant, and all accompanying dependents.

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. Counting Assets

Where the total income between that of a sponsor and all family members who have signed a Form I-864A does not reach the threshold (125% above the poverty guidelines) a valuation of assets may be used. The cash value of assets must equal five times the difference between the sponsor?s income and 125% of the poverty line for the household size. Furthermore, assets outside the United States may be used in the valuation where they may be readily liquidated within 12 months. Where a sponsor relies on income not subject to taxation ? such as housing for clergy or possibly students, this may be counted as income. Where a visa applicant has worked with a steady income and has resided with the sponsor for six months before the Affidavit is completed, such income may be counted toward the threshold amount. However, absent these circumstances a mere job offer for the applicant may not be counted.

Ok, so I'm assuming if 18.5k is the 125% amount now for a household of two, 5x that amount is 92.5K??? If you have that in US funds in a US bank account, you are ok???

[TOM&Riz 4]

.

Ok, so I'm assuming if 18.5k is the 125% amount now for a household of two, 5x that amount is 92.5K??? If you have that in US funds in a US bank account, you are ok???

Yes, if you can show cash accounts/liquid personal assets X5 chances are the consul will accept that as financial responsibility, The assets have to be yours because you are the sponsor and he cannot sponsor himself. see the whole issue is... will the intending immigrant be likely to become a public burden, I think if you enclose a letter to the consul with your I-864 as to your financial history and future plan you should be OK, worst case scenario is they will give you an RFE pending a co-sponsor ...

[housewife 1]

BTW, T & R congrats on your receiveing your papers. I wish you much luck and happiness and health as you embark on your new life in the USA and as a married couple.

Thank you for your help

[TOM&Riz 4]

BTW, T & R congrats on your receiveing your papers. I wish you much luck and happiness and health as you embark on your new life in the USA and as a married couple.

Thank you for your help

Thank you very much and your welcome

Good Luck to You