Affidavit of Support, Foreign Income from Spouse + "Total Income" clarification

[canada2usa87 0]

Hi all, 
We (dual Canadian/USC + Canadian husband for 15 yrs) are about to submit an Adjust of Status application by next month before his B2 visa expires and he goes into an overstay. For some context, I have and continue to earn in CAD through contracting at the moment since I work a fully remote job. 

 

I made approx 115k CAD / 80k USD a year for the past year and only 30k USD for the past 2 years so my brother has agreed to be our joint sponsor and makes well above the guidelines. We are also living with him at the moment so my joint sponsors address is the same as ours. He obviously doesn't claim us on his taxes etc, we are just living in the in-laws suite at his house. I would most appreciate the answer to these two questions:

 

It says: You must show that your household income is equal to or higher than 125% of the U.S. poverty level for your household size. (Your household size includes you, your dependents, any relatives living with you, and the immigrants you are sponsoring.)

His own household is him + his wife and two kids and I assumed the immigrant he is sponsoring (my husband) would make it a total of 5. But do we include myself and my three kids (all USC as well, so no need to sponsor them)? So for my brothers I-864, he would put "5" or "9"?

Also, when I fill out my own form, for Part 6, question 7 (My current individual annual income is) do I put my foreign CAD salary converted to approx USD or does only US based salary count?
Similarly, for Part 6, question 16.a (Most Recent Tax Year 2024, Total Income) I had $80,000 on line 9 but I thought because I had the Foreign Tax Credit applied, this would be 0. Also I recently did the streamlining procedure to be tax compliant so only my 2024 will be e-filed and my 2023/2022/2021 taxes will have to be mailed via post and I dont know how long it'll take for the IRS to acknowledge them. In that case, since it's not required, do I still put total income for 2023 an 2022 on Part 6, question 16.b and 16.c or just leave it? I know I don't qualify to be a sponsor, so I don't know how thorough I need to make my own submission/evidence. 

Thank you sincerely in advance!

[Dashinka 25,163]

As to your co-sponsor’s household size, you should not be counted as you are not a dependent.  As to listing your foreign income, if it continues with you in the U.S., then I believe you can.  This thread may be helpful.

 

Good Luck!

 

 

[pushbrk 13,290]

I'm not clear on your income. If you are employed and your income will continue from the same source in Canada, then your current income comes from a pay stub.  Formula is gross for a pay period times the number of pay periods in a full year, then convert to US dollars.  US income sources are calculated the same way.  Please clarify your income. The way I read it, you are making 110k USD.  Or has the 80k stopped.

 

You and your kids are not counted in your brother's household.

[canada2usa87 0]

Thank you both for your replies! I'm confident on the household size question now.

@pushbrk in Part 6 "Sponsor Employment and Income" can you confirm if foreign income counts as income for part 6, question 7 "My current individual annual income"? And if so, to prevent an RFE, what proof should I provide? I make about 115k Canadian (converted, it would be about 80k USD). 

Another question I have that is more general - if I file my minimum 2024 tax transcript AND my joint sponsor fills out everything correctly, has 6 months of payslips, and 3 years of tax transcripts etc - even if I have an error in my optional submissions (such as foreign payslips not counting), will I get an RFE/denial? 
 

Edited Sunday at 04:49 AM by canada2usa87

[pushbrk 13,290]

15 hours ago, canada2usa87 said:

Thank you both for your replies! I'm confident on the household size question now.

@pushbrk in Part 6 "Sponsor Employment and Income" can you confirm if foreign income counts as income for part 6, question 7 "My current individual annual income"? And if so, to prevent an RFE, what proof should I provide? I make about 115k Canadian (converted, it would be about 80k USD). 

Another question I have that is more general - if I file my minimum 2024 tax transcript AND my joint sponsor fills out everything correctly, has 6 months of payslips, and 3 years of tax transcripts etc - even if I have an error in my optional submissions (such as foreign payslips not counting), will I get an RFE/denial? 
 

If your income will continue from the same source, you have no reason to involve a joint sponsor.  Six months of pay stubs is a decades old artifact.  Pay stubs have year to date income on them now.  One current one is enough.  Remember, tax return/transcripts are about the past.  Current income does not come from them. It comes from the pay stubs.