Beneficiary Income for Affidavit of Support

[Jrob32 2]

Hi Everyone!,

 

Starting to think about the Affidavit of Support requirements during the immigration process for my son and me (he’s 2).

 

Our family was living together in Canada before my husband (a US Citizen) returned to the Texas, where we are looking to relocate as a family. I’m the breadwinner and he was a stay-at-home dad with limited income potential beyond a pension he has access to at any time but is electing not to take until necessary for 4 more years.

 

My employer operates in Canada and the US, and is willing to transfer me to the US office, allowing my employment to continue when we move.
 

Two questions:

 

1. Does this mean that my income can be used in the affidavit of support without requiring a co-sponsor? It is well above the requirement. 
 

2. Can my income be used as an affidavit of support for my son?

 

Thank you! 

[Chancy 6,241]

41 minutes ago, Jrob32 said:

Starting to think about the Affidavit of Support requirements during the immigration process for my son and me (he’s 2).

 

Is your son the biological child of your USC husband?  If so, was your husband already a USC when your son was born?

 

42 minutes ago, Jrob32 said:

Does this mean that my income can be used in the affidavit of support without requiring a co-sponsor? It is well above the requirement. 

 

Yes.  As evidence that your income will continue from the same source after moving to the US, include a letter from your employer with details about the job transfer.

 

[Jrob32 2]

9 minutes ago, Chancy said:

 

Is your son the biological child of your USC husband?  If so, was your husband already a USC when your son was born?

 

 

Yes.  As evidence that your income will continue from the same source after moving to the US, include a letter from your employer with details about the job transfer.

 

Thanks for such a speedy reply!

Yes, my son is the biological child of my USC husband, and he is a USC by birth (so yes, he was when he was born).

We looked into acquiring my son's citizenship without going through the greencard process, but it looks like we'd have to present my husband's US Passport which he is presently not in possession of due to personal matters. That said, obtaining a greencard for our son and having him become a citizen after the process finalizes looks like the easier (and actually more cost effective) way to do it

Great to hear my income should work for the affidavit of support - do you know if I will it be able to use my income for my son as well, as he is part of our "household"? 

Much appreciated! 

[Chancy 6,241]

7 minutes ago, Jrob32 said:

obtaining a greencard for our son and having him become a citizen after the process finalizes looks like the easier (and actually more cost effective) way to do it

 

Except that Montreal will likely deny your son's visa application.  The consul officer at Montreal could easily figure out that your son is already a US citizen at birth and advise you & your husband to apply for CRBA for your son.  USCs are NOT eligible for any US visa, and they must enter the US with their US passport.  It happened recently to this VJ member's family who applied at Montreal --

 

 

You may apply for CRBA at any US consulate in Canada where they have CRBA appointments available.

 

[Jrob32 2]

50 minutes ago, Chancy said:

 

Except that Montreal will likely deny your son's visa application.  The consul officer at Montreal could easily figure out that your son is already a US citizen at birth and advise you & your husband to apply for CRBA for your son.  USCs are NOT eligible for any US visa, and they must enter the US with their US passport.  It happened recently to this VJ member's family who applied at Montreal --

 

 

You may apply for CRBA at any US consulate in Canada where they have CRBA appointments available.

 

Yikes!!! Thank you - so happy to have avoided this. On it!

[pushbrk 12,883]

4 hours ago, Chancy said:

 

Except that Montreal will likely deny your son's visa application.  The consul officer at Montreal could easily figure out that your son is already a US citizen at birth and advise you & your husband to apply for CRBA for your son.  USCs are NOT eligible for any US visa, and they must enter the US with their US passport.  It happened recently to this VJ member's family who applied at Montreal --

 

 

You may apply for CRBA at any US consulate in Canada where they have CRBA appointments available.

 

Absolutely.  This child cannot receive a US visa of any kind.  (Obviously can travel as Canadian visitor)

[carmel34 3,631]

18 hours ago, Jrob32 said:

but it looks like we'd have to present my husband's US Passport which he is presently not in possession of due to personal matters

If your husband has a US birth certificate that would be sufficient for your son to get a US passport as his biological child.  Apply at the nearest US embassy/consulate.  Good luck!

[pushbrk 12,883]

10 hours ago, carmel34 said:

If your husband has a US birth certificate that would be sufficient for your son to get a US passport as his biological child.  Apply at the nearest US embassy/consulate.  Good luck!

Exactly.  Also, I'm reading between the lines a bit (based on experience) and think I understand why getting the USC's passport back would be more expensive than a visa process.  If the son already has his US passport no problem.  If he already has a CRBA (Consular Report of Birth Abroad) then he can apply for a passport based on that.  Third option is to use the regular CRBA process, followed by passport application, using appropriate documentation including but not limited to a Certified Copy of the Husband/Father's US birth certificate.

 

Relative expense in this case is not relevant as there is no US visa process available for the son.

Edited December 30, 2021 by pushbrk

[Jrob32 2]

26 minutes ago, pushbrk said:

Exactly.  Also, I'm reading between the lines a bit (based on experience) and think I understand why getting the USC's passport back would be more expensive than a visa process.  If the son already has his US passport no problem.  If he already has a CRBA (Consular Report of Birth Abroad) then he can apply for a passport based on that.  Third option is to use the regular CRBA process, followed by passport application, using appropriate documentation including but not limited to a Certified Copy of the Husband/Father's US birth certificate.

 

Relative expense in this case is not relevant as there is no US visa process available for the son.

This is great info! Thank you so much. I had no idea the CRBA process and passport was even an option. It’s absolutely the route we’re going to go. So thankful I found this forum and learned this information!  

[Chancy 6,241]

*** Removed related thread. Please post your related questions in this thread to keep the discussion in one place. ***

 

22 minutes ago, Jrob32 said:

Hi Everyone,

My husband and I have a fairly "cut and dry" case, the only problem I'm concerned about is the I-864 Affidavit of Support. 

Prior to applying for my greencard, my husband and I lived in Canada (he was a permanent resident). I worked and he stayed home with our son. He has since moved back to the USA and I have continued to support him financially while he sorts life out down there.

I work for an international company. I am currently employed with our Canadian office, however, they are also incorporated in the USA with US employees, and have already agreed to transfer my job to our US office once I have my greencard approved. In addition, while my husband does not have enough annual income to support me, he has a very healthy pension available to him with a 76 year old, multi-billion dollar international sports organization. He was eligible to begin taking it 2 years ago, but has self-elected to wait to take it until 2026. If he needed the money, however, he could withdraw it within one lump sum as "early retirement" prior to 2026, which would be just shy of $500,000 USD. 

Based on what we have available to us above, is it likely we will require a joint sponsor, or should my job (which will continue after immigrating) and his available pension suffice?

Thank you!

 

As I said above, you may use your income as you have evidence that it will continue from the same source after moving to the US.  Make sure to include as proof of income the letter from your employer about the job transfer.  You mentioned before that your income is well above the minimum requirement, so no need for joint sponsor in your case.