Filling out I-864 with Foreign Income

[KStene22 79]

Hi there,

 

My husband and I live in Canada.  He is a US citizen, I am a Canadian citizen.  He is sponsoring my immigration to the US, however he has a Canadian income that will not continue after our move.  We are aware that we need a join sponsor, and we do have one.  BUT, I am confused as to how we properly fill out the I-1864 part 6. 

 

Part 6.

I am currently:

1. Employed as a/an: Finish Carpenter

2. Name of Employer: Schneider's Millwork 

3. Name of Employer 2: N/A

4. Self-employed as a: Custom Woodworker

5. Retired since :N/A

6. Unemployed since: N/A

7. My current individual annual income is: WHAT DO I PUT HERE? Do we write his Canadian income converted to US dollars?  Do we write $0, since that is what is reported on his tax return, and his Canadian income doesn't not qualify?  That feels wrong to me though, since #1 says he's employed. 

 

Later on in question 20 - My Current Annual Household Income: Same problem.  Canadian income?  Or income reported on his tax return, which is $0 USD?

 

In 24 a, b and c, our total income reported on his tax returns will be $0.  Won't that look wrong if we've reported having an income in previous questions?

 

Any help is appreciated. I've found similar threads to this but from so long ago the forms are different.

[canadavisa22 202]

You would write $0 as the income won't continue in the US.

 

The purpose of the I-864 is to determine the ability of the petitioner (your husband) to financially support the beneficiary (you). Since the job won't continue in the US, you can't use that job's income to show proof that he's financially capable to sponsor you.

 

That means you have three options:

 

1) Get a joint sponsor in the US that qualifies

2) Qualify based on your assets

3) Have your husband move to the US before you, get a job, and use that job to qualify.*

 

For option 3, there's often a big gap between getting case complete at the NVC stage and the interview stage in Montreal (upwards of 6 months). If you don't want to be separated that long, the best option is to get a joint sponsor in the US. Then, a couple of months before your interview, your husband can move back to the US, get a job, and then you can bring an updated I-864 to the interview as proof that he qualifies. This will also help satisfy the domicile requirement.

 

If you have young children, and don't want to be separated at all (i.e. move at the same time) then you will at a very minimum need a formal lease in place (even if this is with family) to satisfy the intent to re-establish domicile requirement. Right now, based on a few people who have recently interviewed at Montreal, it's okay for the USC not to have a job but they will want that formal lease in place. This is not 100% a guarantee because each situation differs, but anecdotally I've spoken to a handful of people that have successfully done this without having a job in the US before the interview.

 

Any of the three options will work, it just depends on what you want to do. For us, we are qualifying based on our assets so there is no need for a joint sponsor.

Edited December 14, 2019 by canadavisa22

[Boiler 45,476]

You do not need a joint sponsor if you have assets, and of course update the income side to show his US Employment.

[KStene22 79]

2 hours ago, canadavisa22 said:

You would write $0 as the income won't continue in the US.

 

The purpose of the I-864 is to determine the ability of the petitioner (your husband) to financially support the beneficiary (you). Since the job won't continue in the US, you can't use that job's income to show proof that he's financially capable to sponsor you.

 

That means you have three options:

 

1) Get a joint sponsor in the US that qualifies

2) Qualify based on your assets

3) Have your husband move to the US before you, get a job, and use that job to qualify.*

 

For option 3, there's often a big gap between getting case complete at the NVC stage and the interview stage in Montreal (upwards of 6 months). If you don't want to be separated that long, the best option is to get a joint sponsor in the US. Then, a couple of months before your interview, your husband can move back to the US, get a job, and then you can bring an updated I-864 to the interview as proof that he qualifies. This will also help satisfy the domicile requirement.

 

If you have young children, and don't want to be separated at all (i.e. move at the same time) then you will at a very minimum need a formal lease in place (even if this is with family) to satisfy the intent to re-establish domicile requirement. Right now, based on a few people who have recently interviewed at Montreal, it's okay for the USC not to have a job but they will want that formal lease in place. This is not 100% a guarantee because each situation differs, but anecdotally I've spoken to a handful of people that have successfully done this without having a job in the US before the interview.

 

Any of the three options will work, it just depends on what you want to do. For us, we are qualifying based on our assets so there is no need for a joint sponsor.

Thanks for your reply.  Yep!  We are aware of all of these things.  We are going with #1, getting a joint sponsor.  (We have one)

 

Being separated is not an option for us.  We have 4 children 6 and under and keeping our family together is top priority.  My husband will not be moving down before me.  He is going to start up the family business that was left to him after his father passed away.  He will get an offer of employment before moving down if necessary to re-establish domicile.  We know that this is not an easy or popular route, but its the only one we're willing to try.  We are signing a conditional lease agreement with his Mom, who still owns the property, based on our visa approval.  

 

But that still leaves me wondering how to properly fill out our I-864... ???  ugh. 

Sorry Canadavisa22... Didn't finish my thought... Do say he is employed but that his income is 0?

[canadavisa22 202]

5 minutes ago, KStene22 said:

Thanks for your reply.  Yep!  We are aware of all of these things.  We are going with #1, getting a joint sponsor.  (We have one)

 

Being separated is not an option for us.  We have 4 children 6 and under and keeping our family together is top priority.  My husband will not be moving down before me.  He is going to start up the family business that was left to him after his father passed away.  He will get an offer of employment before moving down if necessary to re-establish domicile.  We know that this is not an easy or popular route, but its the only one we're willing to try.  We are signing a conditional lease agreement with his Mom, who still owns the property, based on our visa approval.  

 

But that still leaves me wondering how to properly fill out our I-864... ???  ugh. 

You would still currently fill it in as $0 and then bring an updated I-864 to the interview if things change before then.

 

If it doesn't and he just has the offer of employment, you wouldn't bring an updated one and instead just bring the offer of employment. I've seen a few people be approved without moving ahead of their spouse with a lease and offer of employment with the lease being what was more important to the CO at Montreal.

Edited December 14, 2019 by canadavisa22

[Boiler 45,476]

So the plan is that if this does not work you just stay in Canada?

 

 

[canadavisa22 202]

59 minutes ago, KStene22 said:

But that still leaves me wondering how to properly fill out our I-864... ???  ugh. 

Sorry Canadavisa22... Didn't finish my thought... Do say he is employed but that his income is 0?

Yes, from what I researched that is the correct way to do it. 

[carmel34 3,624]

4 hours ago, KStene22 said:

He is a US citizen, I am a Canadian citizen.  He is sponsoring my immigration to the US, however he has a Canadian income that will not continue after our move.

US citizens are required to file IRS tax returns in the US based on world-wide income, regardless of place of residence.  Has he filed income tax returns in the US for the last three years?  Chances are he won't owe any taxes if he completes the foreign earned income exclusion form, but US immigration may ask for his most recent 3 US income tax returns, and the most recent tax year is required.  He also needs to file as married for the years he was married to you.  Even with a joint sponsor, he is the primary sponsor so he has to show US income tax returns for all income, including what he earned in Canada.  A period of separation is sometimes unavoidable to establish US domicile, Montreal is very strict on this requirement so be prepared for some time apart if you get denied on that basis and still want to immigrate to the US.  Good luck!

Edited December 14, 2019 by carmel34

[KStene22 79]

6 hours ago, Boiler said:

So the plan is that if this does not work you just stay in Canada?

 

 

Yes, that is the plan. It has always been the dream to move back to the US for my husband, but we are quite settled here in Canada.  Really we're wanting to move just 8 hrs from where we currently live to be closer to his family, and re-start his late father's business. If there were no border between our families we would have been there quite a while ago!  But also, we're not in a position of NEEDING to move, so we're going to give it our best shot without separating our family.  We are hoping it works out, but we will be ok (though very disappointed) if it doesn't.  

[KStene22 79]

6 hours ago, carmel34 said:

US citizens are required to file IRS tax returns in the US based on world-wide income, regardless of place of residence.  Has he filed income tax returns in the US for the last three years?  Chances are he won't owe any taxes if he completes the foreign earned income exclusion form, but US immigration may ask for his most recent 3 US income tax returns, and the most recent tax year is required.  He also needs to file as married for the years he was married to you.  Even with a joint sponsor, he is the primary sponsor so he has to show US income tax returns for all income, including what he earned in Canada.  A period of separation is sometimes unavoidable to establish US domicile, Montreal is very strict on this requirement so be prepared for some time apart if you get denied on that basis and still want to immigrate to the US.  Good luck!

Yes, he files his taxes every year, and you are right, he has not owed any taxes.  

[canadavisa22 202]

4 minutes ago, KStene22 said:

Yes, that is the plan. It has always been the dream to move back to the US for my husband, but we are quite settled here in Canada.  Really we're wanting to move just 8 hrs from where we currently live to be closer to his family, and re-start his late father's business. If there were no border between our families we would have been there quite a while ago!  But also, we're not in a position of NEEDING to move, so we're going to give it our best shot without separating our family.  We are hoping it works out, but we will be ok (though very disappointed) if it doesn't.  

You'll be fine with an employment letter and a formal lease. I've talked with several people recently who interviewed at Montreal who successfully stayed together in Canada without being separated. 

 

With regards to starting up your late father-in-law's business, what kind of proof would you be submitting to NVC for that (or at the interview)?

[KStene22 79]

6 hours ago, canadavisa22 said:

Yes, from what I researched that is the correct way to do it. 

Are you able to point me to how you figured this out, or to other threads that may have addressed this issue?  

[KStene22 79]

2 minutes ago, canadavisa22 said:

With regards to starting up your late father-in-law's business, what kind of proof would you be submitting to NVC for that (or at the interview)?

So far we were thinking of:

1) taking pictures of the property and shop, to show that it is set up and ready to be used.  

2) contacting clients and contractors to line up potential work.  Every time we're down for a visit people ask him if he is available to do work for them. He does custom woodwork, cabinetry, and finishing carpentry.  We also have a cousin who is in the building industry who says there is no shortage of work in this area, and is confident we could make arrangements with contractors to sub out work to my husband's business.  I think we could show the potential for his business to take on jobs virtually immediately upon arrival.  

[Boiler 45,476]

Gave a look on the Canada forum, lots of good info there.

[KStene22 79]

Hi all,

 

We are using a joint sponsor because my husband (USC) lives in Canada with our family and his income is in CAD, not USD, and will not continue after we move to the US.  

Has anyone else been in this position?  I am wondering how you filled out Part 6 of the I-864 Affidavit of Support, particularly #7: My current individual annual income is...  Did you write your foreign income converted to USD?  Did you write $0?  

 

I am also wondering if I could write his foreign income in USD, then add additional information to the end of the form stating that we converted his income from CAD to show that he has earning potential, but recognize that it doesn't not qualify to sponsor me and that we therefore have a joint sponsor.  

Edited December 15, 2019 by KStene22