Navigating NVC stage with U.S. contract job

[darth vader 133]

My U.S.C. spouse and I both live and work in Canada currently and expect to get I-130 approval soon. We are preparing for NVC stage and here are our facts:

 

1. We do not want my U.S.C. spouse to move to U.S. before interview.

2. U.S.C. spouse secured a U.S. full-time job, but they want her to come back once coronavirus goes away. We cant do that, since we do not know how long it'll take to get the interview. As such, they are offering to convert her to a contractor.

3. My understanding is that being a contractor, my spouse will have to indicate she is self employed on the i-864 and her income would be $0 (she would've converted to contractor barely 1-4 months before filing i-864, so no 1099 available till then).

4. We are a family of two (no kids or dependent), so poverty guideline wise, the required asset value would be $21,550 x 3 = $64,650. We have WAY over this value in our bank account. However, we only have ~ $45k in U.S. bank account, res of our money is in a joint Canadian bank account we use.

5. We have a co-sponsor bu he is retired. He made around ~200k per year before retiring 2 years ago. After retirement, his "TOTAL INCOME" as per his IRS transcripts for last year is $70k.

6. My in-laws will give us a letter/signed lease stating that we can stay at their 3-bedroom condo as long as we like, once we move back to the U.S. We will be providing mortgage documents to prove that they own the place.

 

Based on the above, here are my questions:

 

Domicile:

 

1. How likely is that NVC will be convinced of my wife's "intent to reestablish domicile" given she applied for and obtained a U.S. job (which was later converted to a contract position)? She has maintained U.S. bank accounts, credit cards, mail delivered to her parent's U.S. address etc.?

2. Will they be satisfied with just a letter or should we get a formal lease signed with my in-laws?

 

Proof of funds:

 

1. Would the fact that my wife would be a contractor and not a full-time employee, would result in her "U.S. job" not being counted for domicile/proof of funds purposes?

2. Would the fact that most of our money is in Canadian bank account, our assets would be discounted? We really don't want to transfer all our money to U.S. account before we have our visa, but we can bump up the U.S. account to $100k USD, if we absolutely have to.

3. Would the fact that the cosponsor is retired, result in their AOS being not valued?

 

In general to summarize, I just wanted your guys opinion on our situation above, and how likely you think we will have trouble at NVC stage? And later at interview?

 

Thanks!

Edited February 27, 2021 by darth vader

[Nitas_man 3,100]

You already have assets in the US, already have a job in the US (doesn’t matter contractor or not) I do not see any issues with your case.  

 

I also see no need for a joint sponsor.  You’re straightforward.

Edited February 27, 2021 by Nitas_man

[darth vader 133]

5 minutes ago, Nitas_man said:

You already have assets in the US, already have a job in the US (doesn’t matter contractor or not) I do not see any issues with your case.

 

I also see no need for a joint sponsor.  Why?

Because I've been told that:

 

1. Contractors are considered self-employed. And if my wife can work remotely from Canada (which we intend to do until I have my visa) as a contractor, they wouldn't believe that she has U.S. ties?

2. For assets, again, we have been told C.O. has a lot of discretion and can ignore assets not in U.S. bank account. We will 100k USD in U.S. bank account but rest of it will be in the Canadian bank account.

 

Finally, we will use joint sponsor, just in case CO is not happy with the fact that my wife doesn't have full-time U.S. job, and some of our asset are in a Canadian bank. We are still afraid that CO can force my wife to get a full-time U.S. job and we will get a 221g at the interview.

Edited February 27, 2021 by darth vader

[Nitas_man 3,100]

13 minutes ago, darth vader said:

Because I've been told that:

 

1. Contractors are considered self-employed. And if my wife can work remotely from Canada (which we intend to do until I have my visa) as a contractor, they wouldn't believe that she has U.S. ties?

2. For assets, again, we have been told C.O. has a lot of discretion and can ignore assets not in U.S. bank account. We will 100k USD in U.S. bank account but rest of it will be in the Canadian bank account.

 

Finally, we will use joint sponsor, just in case CO is not happy with the fact that my wife doesn't have full-time U.S. job, and some of our asset are in a Canadian bank.

I’m posting from the experience of returning with no, zero US employment.  Twice.  Already working for a US company is a step up.  

 

So:  Assets.  They do like to see assets in the US and indeed ours were.  Believe we advised you to transfer them over awhile back?  Either way the action of holding and transferring assets over is definitive in “intent to establish domicile” and the fact they are cash-equivalent and a key click away weighs in your favor.

 

Ditto on address.  Our bank accounts  were addressed to my folks (once) and my brother’s (next time) and we could certainly stay there if we wished but we never did.  I did tell the IO we intended to sign a lease but staying with family was Plan B.  It was not really a point of contention at either interview.  A letter is another step up.  
 

A joint sponsor?  Also a step up.  I didnt even consider one because like you we were way over the threshhold on assets anyway.  
 

All reasons I see no issues with your case.  In my opinion very solid.

 

Edited February 27, 2021 by Nitas_man

[darth vader 133]

22 minutes ago, Nitas_man said:

Already working for a US company is a step up. 

 

I've been told that since she'd be a contractor, she would be self-employed and the U.S. firm would be more of a "client" than an employer. The other story to be told here (not sure if this will help with domicile) is that she was hired as a full-time employee but converted to contractor so we can stay together during corona times (borders are closed).

 

This is our second time applying too, we go an IR1 last time but ended up not using the visa as our plans changed.

Edited February 27, 2021 by darth vader

[canadavisa22 202]

2 hours ago, darth vader said:

My U.S.C. spouse and I both live and work in Canada currently and expect to get I-130 approval soon. We are preparing for NVC stage and here are our facts:

 

1. We do not want my U.S.C. spouse to move to U.S. before interview.

2. U.S.C. spouse secured a U.S. full-time job, but they want her to come back once coronavirus goes away. We cant do that, since we do not know how long it'll take to get the interview. As such, they are offering to convert her to a contractor.

3. My understanding is that being a contractor, my spouse will have to indicate she is self employed on the i-864 and her income would be $0 (she would've converted to contractor barely 1-4 months before filing i-864, so no 1099 available till then).

4. We are a family of two (no kids or dependent), so poverty guideline wise, the required asset value would be $21,550 x 3 = $64,650. We have WAY over this value in our bank account. However, we only have ~ $45k in U.S. bank account, res of our money is in a joint Canadian bank account we use.

5. We have a co-sponsor bu he is retired. He made around ~200k per year before retiring 2 years ago. After retirement, his "TOTAL INCOME" as per his IRS transcripts for last year is $70k.

6. My in-laws will give us a letter/signed lease stating that we can stay at their 3-bedroom condo as long as we like, once we move back to the U.S. We will be providing mortgage documents to prove that they own the place.

 

Based on the above, here are my questions:

 

Domicile:

 

1. How likely is that NVC will be convinced of my wife's "intent to reestablish domicile" given she applied for and obtained a U.S. job (which was later converted to a contract position)? She has maintained U.S. bank accounts, credit cards, mail delivered to her parent's U.S. address etc.?

2. Will they be satisfied with just a letter or should we get a formal lease signed with my in-laws?

 

Proof of funds:

 

1. Would the fact that my wife would be a contractor and not a full-time employee, would result in her "U.S. job" not being counted for domicile/proof of funds purposes?

2. Would the fact that most of our money is in Canadian bank account, our assets would be discounted? We really don't want to transfer all our money to U.S. account before we have our visa, but we can bump up the U.S. account to $100k USD, if we absolutely have to.

3. Would the fact that the cosponsor is retired, result in their AOS being not valued?

 

In general to summarize, I just wanted your guys opinion on our situation above, and how likely you think we will have trouble at NVC stage? And later at interview?

 

Thanks!

 

I know you're following this thread...

 

Serious question, why won't you listen to the information that I (someone that has been through the NVC stage) and countless other posters have already given to you? 

Edited February 27, 2021 by canadavisa22

[Nitas_man 3,100]

18 hours ago, darth vader said:

I've been told that since she'd be a contractor, she would be self-employed and the U.S. firm would be more of a "client" than an employer. The other story to be told here (not sure if this will help with domicile) is that she was hired as a full-time employee but converted to contractor so we can stay together during corona times (borders are closed).

 

This is our second time applying too, we go an IR1 last time but ended up not using the visa as our plans changed.

I think you’re in good shape.  I was pretty sure we were in good shape and your case is stronger.  Location of your assets (may) come up however that is in the context of accessibility.  IF it becomes a sticking point simply move them.   Best of luck to y’all.

[darth vader 133]

22 hours ago, canadavisa22 said:

 

I know you're following this thread...

 

Serious question, why won't you listen to the information that I (someone that has been through the NVC stage) and countless other posters have already given to you? 

Thanks! With all due respect, our situation has changed a bit. I am not finding any cases where U.S.C. has a contract job in the U.S. while living in Canada. Trying to find out what impact this may have at the NVC and at the interview.

[canadavisa22 202]

1 hour ago, darth vader said:

Thanks! With all due respect, our situation has changed a bit. I am not finding any cases where U.S.C. has a contract job in the U.S. while living in Canada. Trying to find out what impact this may have at the NVC and at the interview.

It doesn't have any impact as you can qualify based on your assets alone. You can put that she makes $0 and you'll still qualify. Your assets being in Canada don't matter as long as you can show they are liquid. 

 

I know this because we both live in Canada and qualified on just our assets which are all based in Canada. 

Edited February 28, 2021 by canadavisa22