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Hello All

I have a couple of odd questions about the I-864 form. This might be a problem seen by people who had to do DCF etc. So my fiancee is a dual US and Canadian citizen and she has lived in Canada all her life. Oddly, I am the non-US citizen (also Canadian) living in Seattle on an H1-B visa since April, 2006.

1) My fiancee has filed her taxes in Canada, and then filed her taxes with IRS. But IRS allows anyone living outside the US for the most of the year to simply exclude their foreign income. So anyway, becasue of this her income on the past 3 years of tax transcripts shows up as zero. And they will on the 2006 return we just filed for her too. How badly is this going to affect us? Since she is still a student in Canada, obviously her income has been low enought o exclude regularly.

2) She has a job offer in Baltimore, and we can use that as intent to establish domicile in the US. Can we also submit this letter listing her salary information as part of the I-864 application?

3) My salary will continue from the same source in the US. So can I submit a letter from my employer saying this, and a copy of my 2006 tax return to show that together we meet the poverty guidelines?

Any other suggestions you have for making our I-864 package stronger will be greatly appreciated. This is pretty much the only part of the application we are a little worried about.

Thanks very much all

Muraari

June 29, 2007 : Erin and Muraari's Wedding in Seattle, WA (YAY!!!!!!!!!!!!!!!!!!!!!!!)

July 24, 2007: Mailed all paperwork to Chicago (Wish us luck)

Aug 31, 2007: Biometrics Appointment

Sep 1, 2007: Received NOA1 (Dated Aug 29)

Nov 25, 2007: Received notice for interview in Baltimore, MD (No touches, nothing online to date)

Jan 22, 2008: Interview in Baltimore, MD. Went well.

Jan 29, 2008: Can finally track I-130 online. Approved.

Jan 31, 2008: Email I-485 "Card production ordered"

Feb 5, 2008: Another email I-485 "Card production ordered"

Feb 7, 2008: Received I-130 approval and I-485 "Welcome to America Letter" in snail mail

Feb 7, 2008: Email I-485 "Approval notice mailed"

Feb 9, 2008: GC in hand....... (Done with USCIS for a few months) YAYY!!!!!!

Oct 22, 2009: Process starts again. Going to mail I-751 to VSC

Jan 26, 2010: Notice of Approval and Card Production for 10-year GC

Feb 3, 2010: 10-Year GC Received

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Posted
Hello All

I have a couple of odd questions about the I-864 form. This might be a problem seen by people who had to do DCF etc. So my fiancee is a dual US and Canadian citizen and she has lived in Canada all her life. Oddly, I am the non-US citizen (also Canadian) living in Seattle on an H1-B visa since April, 2006.

1) My fiancee has filed her taxes in Canada, and then filed her taxes with IRS. But IRS allows anyone living outside the US for the most of the year to simply exclude their foreign income. So anyway, becasue of this her income on the past 3 years of tax transcripts shows up as zero. And they will on the 2006 return we just filed for her too. How badly is this going to affect us? Since she is still a student in Canada, obviously her income has been low enought o exclude regularly.

2) She has a job offer in Baltimore, and we can use that as intent to establish domicile in the US. Can we also submit this letter listing her salary information as part of the I-864 application?

3) My salary will continue from the same source in the US. So can I submit a letter from my employer saying this, and a copy of my 2006 tax return to show that together we meet the poverty guidelines?

Any other suggestions you have for making our I-864 package stronger will be greatly appreciated. This is pretty much the only part of the application we are a little worried about.

Thanks very much all

Muraari

Sorry you got missed here.. yes, people filing via DCF are more familiar with this situation.

1- The tax transcripts/returns from the past years do not have to meet/exceed the PG for her family. She may want to summarize her past income in Canada as an attachment to show her earning potential. I was questioned about my past work, even though my current income (at that time) was insufficient (I was living outside the US).

2-Yes, documenting a job offer in the US helps them establish domicile eligibility and shows that she's got income prospects.

3- The combination of all of the things will make the strong picture. As long as you two are married, your income (US) can be included on the I-864. Assuming your income is +125%PG (or you wouldn't be an H-1B), it's really your income that will carry the day, but she has to qualify via domicile.

If you want to include any assets, held by either of you, in either country, document them thoroughly. The addition of her resume or job & income history is the only booster I can think of off the top of my head.

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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