I-864

[the_joker_40 0]

Hello. I had a question I'm still confused about even after reading the posts. I'm a USC and my wife is Canadian. We getting ready to mail off the I-130 forms today. I was looking ahead at the I-864 Affidavit of Support which I can't sponser my wife cause we're both living in Canada and don't have US income but could use my parent's address as domicile. I was planning on having my parents fill out the I-864, is that possible? Also, I was wondering in Part 1 of I-864, would my parents fill in question 1 A or B. After reading all this, I hope I did enough research and filled out the proper forms to begin with!

please help

thanks

Chris

[MargotDarko 0]

Hello. I had a question I'm still confused about even after reading the posts. I'm a USC and my wife is Canadian. We getting ready to mail off the I-130 forms today. I was looking ahead at the I-864 Affidavit of Support which I can't sponser my wife cause we're both living in Canada and don't have US income but could use my parent's address as domicile. I was planning on having my parents fill out the I-864, is that possible? Also, I was wondering in Part 1 of I-864, would my parents fill in question 1 A or B. After reading all this, I hope I did enough research and filled out the proper forms to begin with!

please help

thanks

Chris

I haven't had to do the I-864 yet either, but here's my understanding of it. You would fill out one saying you were the sponsor and petitioning for the beneficiary. One of your parents would fill out another and check that they are the joint sponsor. Have you seen the example forms?

I believe there could also be the case where you submit three of them - one has to be filled out by you, then one from your mom and one from you dad. If their money is tied up together, you're probably better having only the one with more money/income in their name being the only joint sponsor.

[the_joker_40 0]

Hello. I had a question I'm still confused about even after reading the posts. I'm a USC and my wife is Canadian. We getting ready to mail off the I-130 forms today. I was looking ahead at the I-864 Affidavit of Support which I can't sponser my wife cause we're both living in Canada and don't have US income but could use my parent's address as domicile. I was planning on having my parents fill out the I-864, is that possible? Also, I was wondering in Part 1 of I-864, would my parents fill in question 1 A or B. After reading all this, I hope I did enough research and filled out the proper forms to begin with!

please help

thanks

Chris

I haven't had to do the I-864 yet either, but here's my understanding of it. You would fill out one saying you were the sponsor and petitioning for the beneficiary. One of your parents would fill out another and check that they are the joint sponsor. Have you seen the example forms?

I believe there could also be the case where you submit three of them - one has to be filled out by you, then one from your mom and one from you dad. If their money is tied up together, you're probably better having only the one with more money/income in their name being the only joint sponsor.

yes, I printed out the instructions, the I-864 and the example form. I guess it just doesn't make any sense to me why I'd fill one out when I don't have any US income. I've talked to a friend of mine and she said that she filled one out for her Canadian husband and also her sister in law had to fill one out. So my mother would fill out an I-864 and I'll fill one out also.

[MargotDarko 0]

Hello. I had a question I'm still confused about even after reading the posts. I'm a USC and my wife is Canadian. We getting ready to mail off the I-130 forms today. I was looking ahead at the I-864 Affidavit of Support which I can't sponser my wife cause we're both living in Canada and don't have US income but could use my parent's address as domicile. I was planning on having my parents fill out the I-864, is that possible? Also, I was wondering in Part 1 of I-864, would my parents fill in question 1 A or B. After reading all this, I hope I did enough research and filled out the proper forms to begin with!

please help

thanks

Chris

I haven't had to do the I-864 yet either, but here's my understanding of it. You would fill out one saying you were the sponsor and petitioning for the beneficiary. One of your parents would fill out another and check that they are the joint sponsor. Have you seen the example forms?

I believe there could also be the case where you submit three of them - one has to be filled out by you, then one from your mom and one from you dad. If their money is tied up together, you're probably better having only the one with more money/income in their name being the only joint sponsor.

yes, I printed out the instructions, the I-864 and the example form. I guess it just doesn't make any sense to me why I'd fill one out when I don't have any US income. I've talked to a friend of mine and she said that she filled one out for her Canadian husband and also her sister in law had to fill one out. So my mother would fill out an I-864 and I'll fill one out also.

Yep, that's right. The guide on here says that for petitioners bringing immediate family members to the US, they have to fill out the Affadivit of Support no matter what their income. You'd use your Canadian address I believe, but check that you're domicile in the US and provide proof that you are. Then your mom would fill one out, checking that she is the only joint sponsor, assuming she can show she has the required money all in her name.

It doesn't make much sense to me either why you'd have to fill one out, but I think it's because they assume you'll eventually have your own income, and your foreign spouse should be dependent upon you first before any less-related sponsor you choose. Signing the I-864 requires you and any joint sponsors to support the beneficiary for ten years, unless she gets citizenship or works a certain amt of time.

[the_joker_40 0]

It doesn't make much sense to me either why you'd have to fill one out, but I think it's because they assume you'll eventually have your own income, and your foreign spouse should be dependent upon you first before any less-related sponsor you choose. Signing the I-864 requires you and any joint sponsors to support the beneficiary for ten years, unless she gets citizenship or works a certain amt of time.

this is probably a stupid question here, but what do I put since they want to know income and where I"m employed if I'm currently working in Canada? They won't care about my current income since I won't have the same income when we move.

[MargotDarko 0]

It doesn't make much sense to me either why you'd have to fill one out, but I think it's because they assume you'll eventually have your own income, and your foreign spouse should be dependent upon you first before any less-related sponsor you choose. Signing the I-864 requires you and any joint sponsors to support the beneficiary for ten years, unless she gets citizenship or works a certain amt of time.

this is probably a stupid question here, but what do I put since they want to know income and where I"m employed if I'm currently working in Canada? They won't care about my current income since I won't have the same income when we move.

I'm not sure, but I saw someone on another thread advised to put their foreign income converted into USD. It doesn't count for support but it shows that you've been working, which means you'd have an easier time getting a job in the US.

[MargotDarko 0]

Here's the thread...

http://www.visajourney.com/forums/index.ph...mp;#entry697272

It gets a bit confusing because the person posting is actually applying for a K3 nonimmigrant visa so the I-864 doesn't apply to them yet. But her questions were answered as if she was going to have to fill it out.

They point out that a good reason to report your foreign income on your I-864 is that your tax returns will show your foreign income, so the information should match.

[Nath 0]

They point out that a good reason to report your foreign income on your I-864 is that your tax returns will show your foreign income, so the information should match.

Further to this, as a US Citizen, you are required to file taxes in the United States with the IRS each year, even though you live in Canada and you will likely not have to actually pay any US taxes (due to tax treaties, exemptions, etc). But you can use the tax returns for the I-864 and the Affidavit of Support. In fact, they won't recognize Canadian tax returns.

On another note, can you update your timeline here? I am curious to see where you are at because I have a similar timeline and situation...

[Yodrak 7]

Chris,

The government has determined that if a citizen wants to bring an alien into the USA as an immigrant then that citizen should be financially responsible for the alien and will not be allowed to shift the burden to one's fellow citizens. So the petitioning citizen must be the sponsor of the immigrant.

If the sponsoring citizen cannot qualify all is not yet lost, they have the option of finding someone else to help them out - a joint sponsor.

Yodrak

Hello. I had a question I'm still confused about even after reading the posts. I'm a USC and my wife is Canadian. We getting ready to mail off the I-130 forms today. I was looking ahead at the I-864 Affidavit of Support which I can't sponser my wife cause we're both living in Canada and don't have US income but could use my parent's address as domicile. I was planning on having my parents fill out the I-864, is that possible? Also, I was wondering in Part 1 of I-864, would my parents fill in question 1 A or B. After reading all this, I hope I did enough research and filled out the proper forms to begin with!

please help

thanks

Chris

I haven't had to do the I-864 yet either, but here's my understanding of it. You would fill out one saying you were the sponsor and petitioning for the beneficiary. One of your parents would fill out another and check that they are the joint sponsor. Have you seen the example forms?

I believe there could also be the case where you submit three of them - one has to be filled out by you, then one from your mom and one from you dad. If their money is tied up together, you're probably better having only the one with more money/income in their name being the only joint sponsor.

yes, I printed out the instructions, the I-864 and the example form. I guess it just doesn't make any sense to me why I'd fill one out when I don't have any US income. I've talked to a friend of mine and she said that she filled one out for her Canadian husband and also her sister in law had to fill one out. So my mother would fill out an I-864 and I'll fill one out also.

[Yodrak 7]

MargotDarko,

No, there is no ten-year period of sponsorship.

There are 6 events any of which will end the sponsorhip obligation, and the passage of 10 year's time in not one of them.

Yodrak

..... Signing the I-864 requires you and any joint sponsors to support the beneficiary for ten years, unless she gets citizenship or works a certain amt of time.

[pushbrk 12,893]

It doesn't make much sense to me either why you'd have to fill one out, but I think it's because they assume you'll eventually have your own income, and your foreign spouse should be dependent upon you first before any less-related sponsor you choose. Signing the I-864 requires you and any joint sponsors to support the beneficiary for ten years, unless she gets citizenship or works a certain amt of time.

this is probably a stupid question here, but what do I put since they want to know income and where I"m employed if I'm currently working in Canada? They won't care about my current income since I won't have the same income when we move.

Not only will you need to fill out the I-864 and indicate your foreign income in USD, but you are required to file US Tax returns, even though you may owe zero in taxes. Your I-864 income needs to match those tax returns. If you haven't filed them, then get started now. Potentially, you would only need to submit 2006 but the IRS requires them all, technically.

[kins 0]

My husband had only foreign-earned income on his US tax returns for the last five years. If all you have is foreign-earned income then your adjusted gross income on your 1040 is zero, so he put his income down as zero on the I-864. If that makes sense...?

[Yodrak 7]

Kins,

The income figure to use from a 1040 is line 22, total income, not line 37.

Same number either way for your husband, though, $0 since the excludable foreign-earned income gets subtracted out at line 21. But just because income is not taxable does not mean that it's not income. Your husband could have nevertheless showed the foreign-earned income on the I-864 - I did - it does get reported to the IRS, it is accounted for on the tax return.

Yodrak

My husband had only foreign-earned income on his US tax returns for the last five years. If all you have is foreign-earned income then your adjusted gross income on your 1040 is zero, so he put his income down as zero on the I-864. If that makes sense...?

Edited June 15, 2007 by Yodrak

[elmcitymaven 9,712]

Kins,

The income figure to use from a 1040 is line 22, total income, not line 37.

Same number either way for your husband, though, $0 since the excludable foreign-earned income gets subtracted out at line 21. But just because income is not taxable does not mean that it's not income. Your husband could have nevertheless showed the foreign-earned income on the I-864 - I did - it does get reported to the IRS, it is accounted for on the tax return.

I had been led to believe that for those of us who are completing the I-864 with all income derived from non-US sources, we were supposed to put down our US-based income only, which in my case is very small (I earned a whopping $1,100.88 last year from days where I was attending conferences and meetings in the US). In your opinion, is it better to put down just the US income, or the whole lot (UK+US)?

[Yodrak 7]

elmcitymaven,

To make this response general and more widely applicable, I point out the following:

- The affidavit asks for income figures in 2 contexts, current and historical (in the form of income tax returns).

- The affidavit allows one to provide explanation of circumstances in additition to simply filling in the blanks. One should take advantage of this to present their case in the best possible light.

- Although a US-derived income, or an foreign-earned income that will continue after returning to the USA, is to satisfy the sponsorship requirement, showing one's total income from all sources both historic and current can be useful for demonstrating that one has the capacity to maintain a sufficient income through changes in life situations. This won't help much if one does not have a current income that meets requirements, but it is helpful in a situation where one has only very recently acquired a current income that meets requirements since it helps with the issue of sustainability.

Yodrak

Kins,

The income figure to use from a 1040 is line 22, total income, not line 37.

Same number either way for your husband, though, $0 since the excludable foreign-earned income gets subtracted out at line 21. But just because income is not taxable does not mean that it's not income. Your husband could have nevertheless showed the foreign-earned income on the I-864 - I did - it does get reported to the IRS, it is accounted for on the tax return.

I had been led to believe that for those of us who are completing the I-864 with all income derived from non-US sources, we were supposed to put down our US-based income only, which in my case is very small (I earned a whopping $1,100.88 last year from days where I was attending conferences and meetings in the US). In your opinion, is it better to put down just the US income, or the whole lot (UK+US)?