I-864 question that seems impossible for me to answer

[pushbrk 12,870]

On 7/12/2023 at 8:33 PM, SamuelTheKitty said:

I have searched for hours regarding this question, but I can not for the life of me find a definitive answer. Just when I think I have, I find another source worded a little bit differently that once again casts doubt on any certainty.

 

My situation:

 

My wife and I live in Canada (no kids). She is a USC (passport holder) who has never lived USA. We are planning to relocate to the USA and will shortly begin the process for her to sponsor me for PR. We have a solid plan to demonstrate a compelling intent to establish a US domicile when we get to that point in the process. At this point, we are planning to relocate together upon my receipt of a visa.

 

Ideally, the timing of submission would enable me to cite my pension income for the purposes of the I-864. However, we will likely start this process before I am actually drawing my pension, and thus will need to go the asset route. I have more than enough liquid assets to satisfy the asset requirement, even if neither of us show can show any income from a US source when we move. My understanding is we will be subject to the 3x requirement, but perhaps someone can't check me on this.

 

In sum, we currently live together in Canada, our household size is 2, and we will be using my assets. We do not intend to use, nor do we have the luxury of, a joint sponsor.

 

My question:

 

1. If we are using only my assets, do I need to fill out an I-864A?
2. Do these assets need to be located in the USA? If so, for how long?

 

To the second question, I know the FAQ states that assets don't need to be located in the USA to be leveraged in this way, but I have a few anecdotal accounts from people who have gone through the process and were told in their interview that the assets needed to be located in the US. As a result, they needed to scramble to find a joint sponsor, an option my wife and I will not have, as she has no family remaining in the USA.

 

Any clarity that anyone could provide would be immensely appreciated.

Clear answers to all those questions can be found in the I-864 instructions.  It might be a little unclear as to the location, but NO, they are not required to be in the USA.  Moving some of them there early (before I-864 submission a year or so from now) can help establish your wife's intent to relocate to the USA.  If she's never lived in the USA, she may need to precede you in securing and moving into some form of residence in the USA.

[pushbrk 12,870]

On 7/13/2023 at 3:51 AM, SamuelTheKitty said:

Thanks for all the responses! It sounds like we'll likely only need to complete the I-864.

 

I have a few more follow on questions.

1. Provided we showed intent to establish a US domicile during the process and my wife relocated prior to my interview, would that clear the bar required by Montreal?
2. Instead of using only assets, would it be an easier process if I was collecting my pension - a source of income that would continue after my move?

Thanks again.

1.  Yes and yes

2.  Yes but not necessary

[SamuelTheKitty 1]

4 hours ago, SamuelTheKitty said:

I have a further question related to this thread as my wife and I continue to architect the next 18 months of this process.

 

We have determined that it would be best for my USC wife to take up residence and obtain employment in the US prior to my interview so as to mitigate the risk of refusal due to insufficient evidence of domicile. A joint sponsor for us is theoretically possible, but it would require imposing on friends/acquaintances in the US instead of family members, which we are reticent to do. While several months of separation is not ideal, she would likely take up a position that met the income requirements for our household size (2), while being located close enough for us to spend our weekends together across the border in Canada.

 

Once at the NVC stage, our plan would be to use strictly assets for the initially submitted I-864, in addition to other evidence of intent to establish domicile (SSN, voting record, professional licensing, etc.) in order to clear the DQ hurdle. Once DQ'd, my wife would obtain a short term month to month lease (we'd ultimately move elsewhere once I received a visa) and a position at a US firm inside the US while I wait for my interview. Then, when I present before the CO at the interview, I would bring a copy of her lease, evidence of her updated voter registration, new driver's license, as well as a new I-864 that would be supported by her pay stubs from her new US position. Presenting previous tax transcript showing the required income will not be possible as she exercises the FEIE each year which reduces her taxable income to $0 or close to $0 on her 1040s.

 

My question is - is this a viable plan? Specifically, would pay stubs from an employer satisfy the requirements for the I-864, absent any other evidence of income? If is is not an optimal plan, what adjustments should we consider?

 

@pushbrk thank you for providing further detail on my original post - I really appreciate it. However, I revived this thread to ask the follow up question quoted above.

[Lil bear 4,181]

4 hours ago, SamuelTheKitty said:

I have a further question related to this thread as my wife and I continue to architect the next 18 months of this process.

 

We have determined that it would be best for my USC wife to take up residence and obtain employment in the US prior to my interview so as to mitigate the risk of refusal due to insufficient evidence of domicile. A joint sponsor for us is theoretically possible, but it would require imposing on friends/acquaintances in the US instead of family members, which we are reticent to do. While several months of separation is not ideal, she would likely take up a position that met the income requirements for our household size (2), while being located close enough for us to spend our weekends together across the border in Canada.

 

Once at the NVC stage, our plan would be to use strictly assets for the initially submitted I-864, in addition to other evidence of intent to establish domicile (SSN, voting record, professional licensing, etc.) in order to clear the DQ hurdle. Once DQ'd, my wife would obtain a short term month to month lease (we'd ultimately move elsewhere once I received a visa) and a position at a US firm inside the US while I wait for my interview. Then, when I present before the CO at the interview, I would bring a copy of her lease, evidence of her updated voter registration, new driver's license, as well as a new I-864 that would be supported by her pay stubs from her new US position. Presenting previous tax transcript showing the required income will not be possible as she exercises the FEIE each year which reduces her taxable income to $0 or close to $0 on her 1040s.

 

My question is - is this a viable plan? Specifically, would pay stubs from an employer satisfy the requirements for the I-864, absent any other evidence of income? If is is not an optimal plan, what adjustments should we consider?

Usually 3 months of paystubs and the letter of employment are enough. An updated I864 to take to the interview along with the paystubs.  
The only catch i see is if the NVC officer decides the assists aren’t acceptable and sends an RFE for  a joint sponsor before they will DQ 

 

If that happens you will have to do plan C.. She immediately relocates etc and you submit a new I864 to NVC after 3 months of her work,  assuming the income is above the limit 

[pushbrk 12,870]

59 minutes ago, SamuelTheKitty said:

 

@pushbrk thank you for providing further detail on my original post - I really appreciate it. However, I revived this thread to ask the follow up question quoted above.

Yes, it is a viable plan.  Note that actually living in the USA and evidence of that, like a lease and job, are all the domicile evidence needed.  One most recent pay stub, will typically be enough, as it will show year to date income.