Unsure if we even have options :(

[Luaelle 0]

I'm not sure where to start so I will lay out the facts and then ask my questions...

1. I started dating my (now) husband in 2010, we recently got married July 5 2013 (He is US; I am CDN)

2. He does work full time but does not meet the affidavit of support guidelines nor does he have someone that can cosponsor to bring me and my daughter (from a previous relationship) into the US.

(He has 3 kids from a previous relationship that he does not see (not by choice), but does provide support for)

3. He is unable to cross the border into Canada due to a misdemeanor class C from 2009. Probation ended 2012.

4. My father obtained US citizenship through my paternal grandfather (born in Michigan), and renounced his Canadian citizenship, holds a US passport, but does not reside in the US (and has not for approximately 20 years) He has been residing in Canada.

5. I currently hold a SSN and Resident Alien card but it has long since expired (2001). We had moved to the US when I was a child, and then moved back to Canada. (Pretty sure this counts as abandonment even though I have no choice as a child)

6. I currently work on an IT help desk (infrastructure - I don't know app&dev) but hold no educational certificates for IT and so have no viable trades to look into a work visa.

In all my internet searching I did find a glimmer of hope in that I can put my income towards the affidavit of support provided I can prove that regardless of residency I will continue to receive it (my job potentially has the possibility of telecommuting - others in the office do it, but I currently do not) I don't make a large amount (35k) but if we are allowed to combine our incomes that would allow us to meet the requirements.

Is this our only viable option for the forseable future? (Another option that will become available but requires waiting until 2017 would be to apply for a Pardon for my husband and have him come into Canada)

We're looking to bring our family together the best way and trying to avoid waiting several more years. Is there something I'm missing given the facts I laid out above? Given my age (YOB: 1982) I don't think I'd qualify for naturalization via parent/grandparent combined with the fact my father had not lived in the US for 10 years at any point. I don't exactly have extra money for a lawyer to try to figure things out, only to find we're at a dead end.

Any and all help and advice is appreciated!

[Harpa Timsah 13,258]

You can't use non-US income for the sponsorship part.

Your only choice is for your husband to take a second job or to find a co-sponsor. Sorry.

Do you have any savings? You can add savings to your husband's income. You need 3 times the shortfall to make up the difference (so if you are $1K short you need $3K in cash or assets).

[VanessaTony 3,567]

When you moved to the US and received a greencard, was your father a USC? Did he obtain USC while you were in the US and if so, how old were you?

Edited September 11, 2013 by VanessaTony

[Harpa Timsah 13,258]

When you moved to the US and received a greencard, was your father a USC? Did he obtain USC while you were in the US and if so, how old were you?

Ooh, good one Vanessa.

Edit: You know what, now that I think more about it, I think it is possible to transfer some of the US domicile time from a grandparent to claim USC through a parent, or something like that... I will look.

Edited September 11, 2013 by Harpa Timsah

[Harpa Timsah 13,258]

I was born overseas. One of my parents was a U.S.

citizen but never lived in the United States. One of my

grandparents was also a U.S. citizen. Could I have derived

U.S. citizenship?

If your parent was a U.S. citizen when you were born but had not

lived in the United States for the required amount of time before

your birth, but one of your grandparents was also a U.S. citizen

and had already met the residence requirements, then you may still

have derived U.S. citizenship. The provisions of immigration law that

govern derivative citizenship are quite precise and circumstances in

individual cases can be complex. For specific information on how

the law applies, please check our website or the U.S. Department of

State website at www.state.gov, or call USCIS Customer Service

at 1-800-375-5283.

http://www.uscis.gov/USCIS/Resources/A4en.pdf

This is a bit complex for me, at nighttime, so I leave it here. But you can contact the US embassy in Canada and they can help you with questions of this sort.

If the dad got USC through his dad, then the son was a USC at birth, even if it wasn't claimed at birth.

When was your dad born?

Edited September 11, 2013 by Harpa Timsah

[VanessaTony 3,567]

Ooh, good one Vanessa.

Edit: You know what, now that I think more about it, I think it is possible to transfer some of the US domicile time from a grandparent to claim USC through a parent, or something like that... I will look.

The OP was born in 1982

GC expired in 2001 (so possibly obtained in 1991 - 22 years ago)

Dad has been living in Canada for 20 or so years (so since 1993 or so) but obtained USC through his dad.

Seems to me he must have petitioned them as family of a USC, and once she entered on her GC she should have become a USC because she was under 18... right?

[Luaelle 0]

When you moved to the US and received a greencard, was your father a USC? Did he obtain USC while you were in the US and if so, how old were you?

He was born a Canadian citizen, but I believe got his citizenship either just before we left Canada or just as we arrived. My understanding of it was that was how my mother and I got our green cards.

At the time I would have been 9 years old. (1991)

You can't use non-US income for the sponsorship part.

Your only choice is for your husband to take a second job or to find a co-sponsor. Sorry.

Do you have any savings? You can add savings to your husband's income. You need 3 times the shortfall to make up the difference (so if you are $1K short you need $3K in cash or assets).

I had read here:http://www.**.com/affidavit-of-support/i-864-income-requirements.html

Income from the intending immigrant Income from the intending immigrant can be used if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence.

If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident. Evidence of the same source of income must be provided.

[Harpa Timsah 13,258]

The OP was born in 1982

GC expired in 2001 (so possibly obtained in 1991 - 22 years ago)

Dad has been living in Canada for 20 or so years (so since 1993 or so) but obtained USC through his dad.

Seems to me he must have petitioned them as family of a USC, and once she entered on her GC she should have become a USC because she was under 18... right?

Yeah, good thinking, but from what I understand this law is from the Child Citizenship act of 2000 so things were probably slightly different in the 90s.

So even if that is what happened I am not sure it worked exactly like that in the 90s, though I think it was similar. I was reading this and it looked like it was this way back to the 50s. http://www.state.gov/documents/organization/86759.pdf

If the dad got USC through his dad, then he was a USC at birth, even if it wasn't claimed at that time.

OP: How long did you live in the US? From what year to what year? When was your dad born?

He was born a Canadian citizen, but I believe got his citizenship either just before we left Canada or just as we arrived. My understanding of it was that was how my mother and I got our green cards.

At the time I would have been 9 years old. (1991)

I had read here:http://www.**.com/affidavit-of-support/i-864-income-requirements.html

Income from the intending immigrant Income from the intending immigrant can be used if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence.

If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident. Evidence of the same source of income must be provided.

You won't meet part 2 of that requirement, that the intending immigrant is living in your residence. You will be in Canada (this also works out, though indirectly, that the source must be US-based).

[Luaelle 0]

OP: How long did you live in the US? From what year to what year? When was your dad born?

We lived in the US for under 2 years. 1991-late 92

My father was born in 1958, His father (if applicable) was born 1923

Edited September 11, 2013 by Luaelle

[VanessaTony 3,567]

Yeah, good thinking, but from what I understand this law is from the Child Citizenship act of 2000 so things were probably slightly different in the 90s.

Here: http://en.wikipedia.org/wiki/Child_Citizenship_Act_of_2000 Looks like she was born a year too early :S I would still contact an attorney for a free consultation, or make an appointment at the US embassy about it.

OP - What about assets? Can he get another job?