Optimus

Hello Expats,

My usc spouse just received our I-130 approval and in preparation to get out documents ready, I had a question.

We both have been living and working in Canada for the past 2 years and I wanted to know if she's still able to fill a form I-864 on my behalf?

Or do we need to get someone from inside the US to fill a form I-864 on my behalf and does the person have to be a family member or a friend?

Noorah101

As the USC spouse, she MUST complete an I-864, even if she does not have qualifying income/assets.

If your USC wife does not meet the income/asset requirements, a joint sponsor can be used. The joint sponsor will fill out a separate I-864 and provide backup documents as per the I-864 instructions. The joint sponsor does not have to be a family member or a friend, no, it can be anyone at all as long as they qualify. They must be 18+ years old, live in the USA, be a USC or US PR, and meet the financial requirements.

If you or your wife have income at the correct level (see the I-864P for that figure), which will continue from the same source once inside the USA, that's acceptable on her I-864. Or, if you don't have enough in income, you can use assets (either yours or hers or joint assets) to make up the difference. Assets must be 3x the amount lacking in income. The best asset is cash in the bank.

If you don't meet the financial requirements per the above paragraph, you'll need a joint sponsor.

Rene

ian-mstm

Yup, what Rene wrote! +1.

Ian

Optimus

Thanks Noorah for the prompt response.

So hypothetically speaking, if my spouse and I make around $200k CDN it wouldn't matter because its another country and she wouldn't be able to use that to support the I-864 without us getting a joint sponsor from the US.

Noorah101

If that $200K CDN will not continue from the same source once you move to the USA, then that's correct...you'll need a joint sponsor...unless you have enough in assets.

Rene