Joint income and assets

[Kat & Brett 1]

This is the situation...They plan to get married and file for spousal visa. But the petitioner has no sufficient income, in short below poverty level...While the beneficiary has good job and assets (Quebec)...Do they need a co sponsor or they can just combine their income and assets to meet the 125% above poverty level since they will going to file a spousal visa?

Hope you can enlighten us regarding this matter...

Im posting in behalf of other person...thanks!

[Villanelle 4,122]

Its a little complicated. Since theyre going to be living in the US, the beneficiary's job in Quebec may be a problem.

This is a spousal visa. So the USC spouse is going to have to fill out the 864 regardless of whether or not it qualifies. On it the USC spouse is going to list their income and any assets they have. They will also list the intending immigrants assets. Now we move on to the intending immigrants job (the job in Quebec) The income is only going to count if they can show its going to continue from the same source (after the immigrant immigrates to the US) So is it? Is this a job the spouse can do remotely? Is this an international company that is going to be transferring the spouse to the US? Is this a self employment income the spouse has they are bringing with them from Quebec to the US?

If not, its not going to continue and wont count and they wont meet the guidelines with out and will need a cosponsor.

[NickD 202]

Form is the I-864A, sponsor does the I-864, while my wife didn't have to sign, was suggested to us by our immigration attorney to do so. This not only combined our assets to really make it look good, it was a sign of balance in our relationship.

If I just signed the I-864, would be legally responsible for both my wife and her daughter, this way, we equally shared in that responsibility. While I willingly signed the I-864, she willingly signed the I-864a. A good way to start off a relationship.

We could tear those up when she and her daughter received their US citizenship.

I can bet those sponsors that brought someone here and were left holding the bag, even a divorce does not cancel that I-864 wish their sponsors signed that I-864a. But that wasn't my concern, can lose your job in this crazy economy, immigrant can have some incurable disease or get hit by a hit and run driver, and in this crazy country, would kick them off your health insurance policy due to a per-condition. Leaves one no choice but to seek some public or private aid. Fortunately none of that happened to us, but it can.

[Penguin_ie 5,993]

** Moving from US Citizenship to CR-1 visa as OP is talking about a spousal visa ***

They can use both assets- however, many embassies will only take into account US based assets (not sure on Canada), so the beneficiary may need to move his/her assets to the USA by liquidating and adding them to a joint account or similar.

Cannot use the beneficiary's income unless it will continue from the same source in the USA, ie his work is willing to move him to a US office or he will telecomute.