Canadian parents

[Maria and Jason 55]

Hi guys, first of all I would like to say thank you to everyone here who has helped me, I just got my GC this week! Feeling very excited.

Since I have been made a permanent resident, my parents are considering moving to the US as well.

I know I cannot sponsor them as I am only a permanent resident...

BUT...

My mother is an American Citizen (dual citizen actually).

Here is my problem with trying to figure out their paperwork.

My mother has had no income (he is the entire source of income for them), he has something along the lines of 70k per year as a pension.

I have a few questions:

-She has never filed taxes with the IRS, is this something she needs to do, or do we just need to include a letter saying that she made no income, that is why she never filed?

-Can they use his pension income in the i-864 affidavit of support? I know I used my income to fulfil mine, but I was working in the US on an L1 Visa...

[aaron2020 11,651]

Since mom's worldwide income is zero, then she is exempt from the requirement to file US tax returns. When it comes time for the I-864, she sends in a signed statement explaining her exemption from filing US tax returns.

Dad's pension can count for the I-864 requirements if he will continue to receive it after immigrating to the US. (You may want to discuss US taxation of the pension with an accountant and other experts and rights to receive the pension if he is residing abroad.)

[NikLR 13,232]

He will receive his pension in the USA. Yes she can sponsor him, yes they can use his income.

[KayDeeCee 4,896]

So the mother will be filing an I-130 for her husband to get an IR-1? They are not in the US, so not an adjustment of status case.

~ Moved from AOS from Family Based Visas to IR-1/CR-1 Process ~