I864 - Canadian source income of intending immigrant

[bukerjw 0]

Hi all,

I am the intending immigrant, and my wife needs my income to fulfill the income requirement. We're living in Canada right now. My job is close to the border and I intend to keep it and commute across the border once we immigrate (till I can find work in the US).

The I864 instructions say I can use my income as long as the income source will continue after we immigrate. This is true, it will continue because I will commute, but can it be Canadian source income or must it be US source?

[NikLR 13,227]

As far as I've always understood it needs to be US income.

[bukerjw 0]

The thing is, I've found nowhere in the instructions that says it must be US source income. I would think they would mention it if it were the case, because it's a common enough thing, for an intending immigrant to have an income source from a foreign country that would continue, such as Canada Pension Plan, or ....

Any reason for thinking it needs to be US income? Or is that just an assumption?

[Kimbear 53]

As far as i always understood, the immigrant or beneficiary or foreign spouose cannot use their foreign earned income unless they were also authorized to work in the US when they earned it. Thats the only way i've heard of using foreign income.

[bukerjw 0]

Sounds like I need to get a back-up Joint Sponsor, which I can do but I was hesitant because it's a bunch of paperwork to ask someone to do.

However, reading the I-864 instructions, my own opinion on it is it sure sounds like foreign income for the intending immigrant is just fine as long as the income will continue. I will report back with my experience when it happens (still a ways in the future).

My wife and I plan on using an I-864 with my (intending immigrant) Canadian income and supporting documentation with an explanation that it will continue, and then use the Joint Sponsor I-864 as a back-up.

How does this all work? Can we submit the Canadian income I-864 to the NVC, and then as a back-up simply take the Joint Sponsor I-864 to the interview with me in case they reject our Canadian income I-864?

Edited September 19, 2013 by bukerjw

[NikLR 13,227]

Don't forget Montreal is REALLY sticky on the issues of domicile. Part of that for the petitioner is having a job in the USA (it helps to prove domicile more than anything else to be honest.) Make sure you read the domicile thread. I would give the NVC a call once your case is there and ask about the job issue.

[bukerjw 0]

Regarding domicile, I now own a house where we intend to live, and we have electric bills and bank account. My wife will get a Washington State driver's license soon. She is currently not working as we have a little one who she is taking care of. I wonder if there are any other things we can do to prove domicile, or if this should be sufficient.....

[NikLR 13,227]

Check the domicile thread. I"ll be honest, I know they're picky about it, but it wasn't an issue for us as hubs was living in the USA.