Canadians working in Canada after the move to the US - what to know?

[CGs_Mother 114]

29 minutes ago, T&S_MTL said:

The petitioner can't use a canadian job to meet the financial requirements. The USC either has a US job and / or you guys have assets to rely on. You can have a co sponsor if you don't meet them.

 

A canadian job means literally 0$ on the I864. If you read the I864 instructions you will probably find your answers.

 

The NVC only checks if you guys meet the financial requirements and some others documents you will provide.

That's not how I read it. And I've also heard of others who have used their Canadian jobs on the I-864 if they are keeping their employment once they move to the US. According to the instructions, and to advice I've received in other forums here at VJ, you must have proof you are maintaining your employment after you move (contract, letter, etc.) You cannot use your Canadian job on the I-864 if you are not able to keep your job when you move.

 

Also, we may want to check the new Tax Guide in Canada for the 2020 tax year. The CRA has implemented a whole bunch of new regulations and categories for "non-resident" Canadians who live in another country while working in Canada. These regulations are all a result of COVID and the reality of the new working world.

Edited March 25, 2021 by CGs_Mother
Update

[T&S_MTL 113]

2 minutes ago, puppy2021 said:

Yes, the petitioner can use Canadian job to meet the financial requirements if they can demonstrate that the income will continue from the same source after the petitioner moves back to the U.S.

I guess it's a specific situation. Usually you don't keep the job since the USC is also moving or is already in the US.

[puppy2021 0]

2 minutes ago, T&S_MTL said:

I guess it's a specific situation. Usually you don't keep the job since the USC is also moving or is already in the US.

True but some jobs allow that, specially the ones where one can work remotely from the U.S.

[CGs_Mother 114]

1 minute ago, T&S_MTL said:

I guess it's a specific situation. Usually you don't keep the job since the USC is also moving or is already in the US.

This is the whole point of my thread. Covid-19 is bringing new realities and possibilities to working remotely. Because of Covid-19, I can demonstrate I will not be a burden to my spouse, and our combined income, or even mine alone, is enough to sponsor both my child and myself. 

[JlovesA 109]

On 3/24/2021 at 6:21 PM, puppy2021 said:

Are you the U.S.C. petitioner and used your Canadian job's incoem towards i-864 proof of funds because your Canadian job would continue after moving to the U.S.? If so, do you mind sharing a little bit of your experience at NVC and interview? Did CO have any doubts that you would actually move to the U.S.? How did you explain this at NVC, if at all?

You've already gotten some responses but no, I'm the Canadian (now dual, yay). When I was interviewed for my US citizenship, they did ask a lot of questions about my situation but ultimately, I'm not doing anything wrong, and was able to naturalize.

[Udella&Wiz 325]

On 3/24/2021 at 9:06 PM, CGs_Mother said:

This is the whole point of my thread. Covid-19 is bringing new realities and possibilities to working remotely. Because of Covid-19, I can demonstrate I will not be a burden to my spouse, and our combined income, or even mine alone, is enough to sponsor both my child and myself. 

The US Government does not move quickly or adjust to changing requirements like global work mobility. You cannot sponsor yourself in the scenario you're suggesting - which I think is what I see you asking? Your US spouse will either have the funds/income or a co sponsor.

[T&S_MTL 113]

On 3/24/2021 at 9:06 PM, CGs_Mother said:

This is the whole point of my thread. Covid-19 is bringing new realities and possibilities to working remotely. Because of Covid-19, I can demonstrate I will not be a burden to my spouse, and our combined income, or even mine alone, is enough to sponsor both my child and myself. 

That's interesting. I did not know that "self sponsoring" was even possible in the immigration process! Thanks 👍 I'm still curious as how you filled at the NVC stage, only based on the applicant's canadian job (no assets, no petitioner US job) ?

Edited March 28, 2021 by T&S_MTL

[CGs_Mother 114]

1 hour ago, T&S_MTL said:

That's interesting. I did not know that "self sponsoring" was even possible in the immigration process! Thanks 👍 I'm still curious as how you filled at the NVC stage, only based on the applicant's canadian job (no assets, no petitioner US job) ?

 No I didn't file with the Petitioner having no job nor assets. My husband has a job but because I am also bringing my child, his income alone does not qualify. We added real estate holdings to the AOS but we then received a note that, though we were DQ'd, his income was insufficient (which we knew). Through other advice on here and through re-reading the requirements, I understand that they review insufficient income at the Consulate and then look at cash and other assets. But after we received the note from NVC, my company offered to keep me employed after the move. From what I read in the I-864 and I-864A instructions, I can be a co-sponsor if I am bringing a child. So I added my LOI and proof of income at NVC. Given that there are many cross-border families who live in the US and work in Canada, even before Covid, I was wondering how the taxes would work. In any case, I am demonstrating that I can provide for myself and my child without being a burden to the State. I guess we'll see what they say. We don't really have family that can sponsor me, so I guess if I'm denied, all of this will have been for naught. Sorry, but I am feeling very low about this - Ontario is going to go into a third lockdown and my interview date is supposed to be next on the list according to the chart. If Quebec bans travelers from outside of the province, it will be yet another nail in this whole process. So while I appreciate all of the advice, I guess if this doesn't work, I don't really know what I'm going to do. 

[T&S_MTL 113]

3 hours ago, CGs_Mother said:

 No I didn't file with the Petitioner having no job nor assets. My husband has a job but because I am also bringing my child, his income alone does not qualify. We added real estate holdings to the AOS but we then received a note that, though we were DQ'd, his income was insufficient (which we knew). Through other advice on here and through re-reading the requirements, I understand that they review insufficient income at the Consulate and then look at cash and other assets. But after we received the note from NVC, my company offered to keep me employed after the move. From what I read in the I-864 and I-864A instructions, I can be a co-sponsor if I am bringing a child. So I added my LOI and proof of income at NVC. Given that there are many cross-border families who live in the US and work in Canada, even before Covid, I was wondering how the taxes would work. In any case, I am demonstrating that I can provide for myself and my child without being a burden to the State. I guess we'll see what they say. We don't really have family that can sponsor me, so I guess if I'm denied, all of this will have been for naught. Sorry, but I am feeling very low about this - Ontario is going to go into a third lockdown and my interview date is supposed to be next on the list according to the chart. If Quebec bans travelers from outside of the province, it will be yet another nail in this whole process. So while I appreciate all of the advice, I guess if this doesn't work, I don't really know what I'm going to do. 

Looks like you guys have a plan! Let us know how it goes !

 

Does Québec really ban travellers from other provinces? Im not even sure there is quarantine since it's still Canada, but I'm not expert and don't keep track of all this. Here (we live in Montreal), we just opened gyms and the curfew is now at 9h30PM instead of 8PM, slowly getting better 😊 

[Ptitchou 117]

15 hours ago, T&S_MTL said:

Looks like you guys have a plan! Let us know how it goes !

 

Does Québec really ban travellers from other provinces? Im not even sure there is quarantine since it's still Canada, but I'm not expert and don't keep track of all this. Here (we live in Montreal), we just opened gyms and the curfew is now at 9h30PM instead of 8PM, slowly getting better 😊 

There's no ban from other provinces at present. 

 

https://www.quebec.ca/en/health/health-issues/a-z/2019-coronavirus/progressive-regional-alert-and-intervention-system/level-4-maximum-alert-red

 

https://www.quebec.ca/en/health/health-issues/a-z/2019-coronavirus/instructions-for-travellers-covid19

[CGs_Mother 114]

@Ptitchou Merci/Thank you. I hope that remains in place, or that Ontario can get our numbers down enough so I can stop worrying about it!

 

@T&S_MTL Merci/Thank you! I triple checked and really hope the plan comes together

 

I did re-read the I-864 and I-864A instructions, and it says the following about the intending immigrant:

 

• If you included the income of the intending immigrant who is your spouse (he or she would be counted in Part 5., Item Number 1.), you must provide evidence that his/her income will continue from the current source after obtaining lawful permanent resident status. He or she does not need to complete Form I-864A unless he or she has accompanying children.
• What if I Cannot Meet the Income Requirements?
  If your income alone is not sufficient to meet the requirement for your household size, the intending immigrant will be
  ineligible for an immigrant visa or adjustment of status, unless the requirement can be met using any combination of the
  following:
  1. Income from any relatives or dependents living in your household or dependents listed on your most recent Federal
  income tax return who signed Form I-864A, Contract Between Sponsor and Household Member;
  2. Income from the intending immigrant, if that income will continue from the same source after immigration, and if the
  intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income
  can be counted regardless of current residence, but it must continue from the same source after he or she becomes a
  lawful permanent resident;

So I believe we will be good. Sorry about my little meltdown above. Though I love my time here on VJ, I really just want this all to be over with no more delays... 🙀