Application Questions.. Please help if possible.

M

modded46

Registered Users (C)
Here is the situation and question that I have.

I am Canadian
Wife is American (US Born) living in Canada

we have filed a I-130 application which has been approved. We are now in the process of filling out a DS-230 and the question I have pertains to satisfying income requirements. Because she is a US Citizen working in Canada, what is needed for the I-864 form? Is this still needed because neither of us obviously have residence in the US currently.

Also, what address should be put on the DS-230 form under where we intend to live in the US?

Thanks for any help!
 
of course, it's still needed. If her income is not sufficient, she needs to find a co-sponsor. And she needs to prove that she is in Canada temporarily and is actually domiciled in the US.

what address should be put on the DS-230 form under where we intend to live in the US?
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well, do you have an address in mind?

you will have to provide an address where the GC will be sent, though.
 
We provided her family's address in the US so that's fine. Canadian income more than meets the requirement for sponsorship.

I didn't know about having to be domiciled in the US.. She lives in Canada as a permenant resident with me.

So you're saying that she would need to move back to the US first and live there before I can move? We can't move together at the same time?
 
The whole domiciled in the US bit is not really an issue anymore since they changed the rules. Of course, it depends on how long you've been married. The BIG problem is going to be the I-864. Canadian income won't do. When was the last time she filed a 1040 with the IRS? Are you planning to move to the US or what? The USCIS will be "concerned" about the situation as you have outlined it. You can move together at the same time (with the co-sponsor on the I-864) but you must move (start filing with the IRS, etc.) and not be a border hopper. It's really no that bad but more facts are needed before we can help you.
 
Thank you for replying and here are some of the answers to your questions.

We have been married since Feb 2004. She moved to Canada shortly after that. She will be filing her US taxes with the IRS right away as honestly we didn't know she still had to claim them when she was living in Canada. However, it is Canadian income so you're saying it won't matter away and can't count towards sponsoring me? 2004 is the last time she filed a tax form. However, she is going into HR block on Tuesday and will fill then so if needed we'll have that completed.

It is my understanding that you do not have to mail the I-864 with your DS-230 form. You present the I-864 along with whatever proof you choose on the day you have the interview. At that time you must show that you're indeed moving to the US right after the visa is issued.

We are planning to move to the US as soon as the visa is issued, however because we have pretty good jobs here we don't want to start packing everything up quit our jobs until if/when the visa has been issued if possible.

So you're also suggesting that we use a CO-Sponsor? This wouldn't be a problem as I can use my mother-in-law and/or father-in-law. Both make well over the required amount for a 2 person household. The last tax year my wife filed for would also be over the income required to qualify as a sponsor.

Thanks a lot for any and all help..
 
I read the I-864 over again and it looks like I could use my mother in law as a Joint Sponsor to my wife. Has anyone else done this and if so what was your experience? I'm sure my wife COULD move before me but if it's not necessary than I would prefer to move together.

Also I realize that my assets as the intending immigrant can also be used.. Such as houses/cars etc.. So I plan on providing that information as well.

Opinions thoughts?
 
Question for Modded46

I'm also about to go through the I-130 process and I have a couple questions for you about the process.

1st, I thought that I would need to file the I-864 at the same time as the I-130 but it seems like you haven't done it that way. What forms DID you bring when you initially applied, just I-130 and biographical information G-325a ?

2: did you go to the consulate or did you apply via mail?

3: How long did it take for the I-130 to be approved from the time of application?

thanks! I'm finding it pretty hard to locate the information I need for the process and I'd rather not try my luck again with the 1-900 help lines.

cheers
b
:D
 
you do not need to file I-864 with I-130. Just I-130 and everything listed in the instructions to the form.
 
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