864 vs 864a question - IR1 wife and kids

[Colorado bound 8]

Hello all, 

 

Thanks in advance if anyone can help me with what I think is an easy answer, but for some reason I can't get clarification on...

 

I am a US citizen, married to a Canadian citizen for 13 years. We live in Canada and have been for 12 years. We are moving to Colorado. We have two children under 13 born in Canada. 

 

My job will not remain after we move so my income and my wife's income is n/a. Our only real asset if our home, which is somewhere around $300,000 CAD in equity. In order to make sure we qualify we are having my retired parents fill out an I864 as well (their net worth is substantial and enough to qualify). Their address is my domicile address and very likely where we will be living for a while. 

 

We have everything done with filing except the I864 portion. I thought I would supply their 864 if needed but read that they might have to fill out an I864A (because technically we are going to be in the same house when we arrive.)

 

Again, thanks so much if anyone can assist on this. 

Edited March 10, 2021 by Colorado bound

[neca 166]

Assets are used when income is not available, so my understanding is that there's the potential for them to let you through since it is a big asset. The asset must be able to be turned into cash within 12 months in order to be viable, however.

 

I have read of instances where they made people that are using assets have a joint sponsor (maybe other members can chime in on this), so what I would say is that you can try to go forward with just your assets alone, but do be prepared to have a delay from being asked to provide a joint sponsor. In short, if you are willing to be further delayed, then try it (and report back your experience, please!).

 

With regards to your parents, in addition to your own I-864, you will have one parent fill out the I-864 as a "joint sponsor," the other parent will fill in an I-864A (I am assuming that they file their taxes married filing jointly). Your second parent is the household member, you will not be the household member because you are not currently, as of the time of filing, living with them.

 

Good luck!

[Colorado bound 8]

Thank you for the reply! 

 

I don't want to delay any further so while technically I have enough assets by their guidelines, I prefer to have a backup plan. I just don't want the backup plan to create additional delays in processing. 

 

I'll have one fill out the I864 and the other fill out the I864a. 

 

Thanks again Neca and anyone else that can add any additional info.