I-864 and Tax Issue - 2 Questions

[mypcool 5]

Hello all again, 

 

Before my wife started filling out the I-130 for myself and our children I wanted to make sure of a couple of points.

 

Here is a little background info, Im in the situation that my family would need a separate application for each of our children and myself (my wife was never domicile to the US)

 

Question 1 - When looking at the I-864 I cannot find  anywhere to note that you are submitting or have submitted for other applicants that are not on that visa application.  Although I do see part 5  question 6 asks about for support for other I-864 applicants "who are now lawful permanent residences" It does not mention anything about any applicants that are not residence yet... Am I missing something as this seems like something that they would want to know. 

 

Further along this vein, does the do we need to show income poverty level x 3 per immigrant?

 

For example the poverty level is about 25000 x 3 = 75000 x 4 (applicants) = 300000?

 

Or is it only 1?

 

Questions 2 - As well on a kind of separate topic, my wife has not filed taxes for the last few year in the US (accounting issues...) I am assuming that this will cause a problem. If she back files now going back 3+ years will that be good enough? 

 

As always, thank you for your help in advance. 

 

 

 

[geowrian 22,338]

First, the I-864 isn't needed yet. That won't come into play until after the I-130 is approved and is at NVC...likely in 6-9+ months.

 

IIRC, your children will become USCs upon entry into the US with their immigrant visas. As such, you would fill out an I-864W for them instead of a normal I-864. See https://www.uscis.gov/i-864w.

 

The income level is 125% of the federal poverty level (https://www.uscis.gov/system/files_force/files/form/i-864p.pdf). The 3x multiplier is for using assets with a spouse or minor child beneficiary. If you are only using income, you can ignore the 3x stuff. If you are using assets, only the assets need to be at the 3x level.

 

If she files back taxes now, she will be fine for when you get to NVC. But yes, back taxes need to be filed.

[Alabamak1 688]

@mypcool you only need to meet the poverty level for the amount of persons in your houshold. Meaning in your case: petitioner + beneficiaries + any other person in that same houshold.  If i got that right....you household has a total of 5, which is $29420 

 

https://aspe.hhs.gov/poverty-guidelines

 

[mypcool 5]

12 minutes ago, geowrian said:

First, the I-864 isn't needed yet. That won't come into play until after the I-130 is approved and is at NVC...likely in 6-9+ months.

Got that but I am an information junkie and need to know everything before i do anything... 

 

12 minutes ago, geowrian said:

IIRC, your children will become USCs upon entry into the US with their immigrant visas. As such, you would fill out an I-864W for them instead of a normal I-864. See https://www.uscis.gov/i-864w.

Did not realize that, I dont remember seeing that anywhere... 

 

That is great to know. 

 

12 minutes ago, geowrian said:

The income level is 125% of the federal poverty level (https://www.uscis.gov/system/files_force/files/form/i-864p.pdf). The 3x multiplier is for using assets with a spouse or minor child beneficiary. If you are only using income, you can ignore the 3x stuff. If you are using assets, only the assets need to be at the 3x level.

Thanks for the clarification.

 

12 minutes ago, geowrian said:

If she files back taxes now, she will be fine for when you get to NVC. But yes, back taxes need to be filed.

I figured but good to be reassured. 

 

11 minutes ago, Alabamak1 said:

@mypcool you only need to meet the poverty level for the amount of persons in your houshold. Meaning in your case: petitioner + beneficiaries + any other person in that same houshold.  If i got that right....you household has a total of 5, which is $29420 

Wow that is alot lower than i thought... heck i can do that.... 

 

I guess that brings up a question. My current job in Canada is transferring me to the states (our head office is in the US) is there anyway I can use my own income?

 

And thanks for all the help.

 

 

 

[Alabamak1 688]

sorry, i forgot to mention the part of the 125% of the poverty line. 125% of $29420 = $36775

[geowrian 22,338]

6 minutes ago, mypcool said:

Did not realize that, I dont remember seeing that anywhere... 

Yup, check the I-864W instructions to verify that you meet the criteria, but your past posts suggest that will be the case.

Quote

My current job in Canada is transferring me to the states (our head office is in the US) is there anyway I can use my own income?

Yes, if you can show that the income will continue from the same source upon return to the US. The CO has final say, but generally an intra-company transfer should meet this criteria.

 

If the transfer is short notice, you may qualify for DCF under exceptional circumstances. This would cut the time from ~12-14+ months to likely only a few months. There's a couple threads on VJ of people applying for this. Some with success, some without...all depends on the merits of the case. At least it's something to think about and research.

Edited April 26, 2018 by geowrian

[mypcool 5]

5 minutes ago, geowrian said:

Yup, check the I-864W instructions to verify that you meet the criteria, but your past posts suggest that will be the case.

You are correct, my children would qualify according to the instructions. 

 

20 minutes ago, geowrian said:

Yes, if you can show that the income will continue from the same source upon return to the US. The CO has final say, but generally an intra-company transfer should meet this criteria

How would I go about proving this? Will this be an I-864a? And if that is the case I have file taxes in the US as I am not a US citizen. Would my Canadian tax return be good enough? (again I am the intended immigrant) 

 

Thanks again 

[geowrian 22,338]

Just now, mypcool said:

How would I go about proving this? Will this be an I-864a? And if that is the case I have file taxes in the US as I am not a US citizen. Would my Canadian tax return be good enough? (again I am the intended immigrant)

As the intending immigrant spouse of the sponsor, no I-864A is required in your case. You just need to provide 1) evidence of your income/assets being used, and 2) documentation showing that the income will continue from the same source upon entry into the US with the immigrant visa. Your income would be listed on the petitioner's I-864.

 

I'm unsure exactly what documentation they would want to see for proof of income from Canada, but pay stubs would be the obvious item coming to mind since you work for a company. If the Canadian tax returns also show this, it's probably not a bad idea to include this, although this is heading down a path less traveled for me (sorry).

[ms_bobdog 501]

2 hours ago, mypcool said:

You are correct, my children would qualify according to the instructions. 

 

How would I go about proving this? Will this be an I-864a? And if that is the case I have file taxes in the US as I am not a US citizen. Would my Canadian tax return be good enough? (again I am the intended immigrant) 

 

Thanks again 

A letter from your employer would be helpful. Your tax returns would only show your income history, but at the point you file the i-864, it would be based on your current income at that point. So employment letter and pay stubs would be good.

[pushbrk 13,260]

3 hours ago, mypcool said:

Got that but I am an information junkie and need to know everything before i do anything... 

 

Did not realize that, I dont remember seeing that anywhere... 

 

That is great to know. 

 

Thanks for the clarification.

 

I figured but good to be reassured. 

 

Wow that is alot lower than i thought... heck i can do that.... 

 

I guess that brings up a question. My current job in Canada is transferring me to the states (our head office is in the US) is there anyway I can use my own income?

 

And thanks for all the help.

 

Sure,  Income from the intending immigrant, (you) can be used.  As in "information junkie" why is it you have not yet become an A-student of the actual I-864 instructions?  All your questions are answered there.  Being an A-student of those instructions would leave you not only with facts, but you would know how to use them and understand the big picture too.  

[ms_bobdog 501]

3 hours ago, mypcool said:

 Wow that is alot lower than i thought... heck i can do that.... 

 

As corrected above, it should be 125% of the poverty guidelines, so it's over $36000 for your family size. And you probably would have worked this out already, but that number is in USD. Just in case you were thinking in terms of CAD.