Help ! We are stuck at the I-864 Affidavit of Support stage
Aug 21st 2002, 1:14 am
#1
Guest
Posts: n/a
Help ! We are stuck at the I-864 Affidavit of Support stage
Our I-130 was approved. Now they sent us the I-864. I am not sure how to proceed....
Here is our senario.
Husband =Canadian Citizen. Wife = US Citizen via parents. Never stepped foot in the
USA. Grew up in the UK. Now has landed status in Canada.
We have been married for over 2 years and living and working in Canada for 4. We both
file Canadian tax returns on our income here in Canada.
The problem is the requirements for the I-864. She has never filed a US tas return.
We both have substantial assets here in Canada. (In the husbands name only) We are
both IT contractors with very lucrative contracts at a major bank in Canada.
I was told that our assets and her earnings here in Canada are irrelavent to
the I-864.
What do we do ? The I-864 has been sitting on my desk for the past week.
The only thing I could come up with was that my wife move to the US and get a job and
apartment. Then she can submit the I-864. (this would mean a considerable delay in
completing the process) If this is the case, could I then fly down and stay with her
as an extended vacation since Canadian citizens do not require a visa ? When the
I-864 is approved we could then fly to Montreal for the interview.
Also, she does have relatives who are US citizens. They might be willing to sign an
affidavit of support. If this is possible then what about the 3 year of IRS
statements ?
Thanks Terence G.
Here is our senario.
Husband =Canadian Citizen. Wife = US Citizen via parents. Never stepped foot in the
USA. Grew up in the UK. Now has landed status in Canada.
We have been married for over 2 years and living and working in Canada for 4. We both
file Canadian tax returns on our income here in Canada.
The problem is the requirements for the I-864. She has never filed a US tas return.
We both have substantial assets here in Canada. (In the husbands name only) We are
both IT contractors with very lucrative contracts at a major bank in Canada.
I was told that our assets and her earnings here in Canada are irrelavent to
the I-864.
What do we do ? The I-864 has been sitting on my desk for the past week.
The only thing I could come up with was that my wife move to the US and get a job and
apartment. Then she can submit the I-864. (this would mean a considerable delay in
completing the process) If this is the case, could I then fly down and stay with her
as an extended vacation since Canadian citizens do not require a visa ? When the
I-864 is approved we could then fly to Montreal for the interview.
Also, she does have relatives who are US citizens. They might be willing to sign an
affidavit of support. If this is possible then what about the 3 year of IRS
statements ?
Thanks Terence G.
Aug 21st 2002, 2:41 am
#2
Guest
Posts: n/a
Re: Help ! We are stuck at the I-864 Affidavit of Support stage
"Terence G." wrote:
> The problem is the requirements for the I-864. She has never filed a US tas return.
Why not? If she has the income required to file one, then she is required to file on.
So, she should file them now, at least for the past 3 years. There will probably not
be any tax or penalties due, as long as she makes under 80,000 or so USD.
> I was told that our assets and her earnings here in Canada are irrelavent to
> the I-864.
I doubt that is true if the assets also belong to her. In fact, I believe for a
married couple both parties assets can be counted. I am sure someone here will
comment on that.
> Also, she does have relatives who are US citizens. They might be willing to sign an
> affidavit of support. If this is possible then what about the 3 year of IRS
> statements ?
She needs to file the tax returns as required by law. US Citizens file tax returns no
matter where they live.
> The problem is the requirements for the I-864. She has never filed a US tas return.
Why not? If she has the income required to file one, then she is required to file on.
So, she should file them now, at least for the past 3 years. There will probably not
be any tax or penalties due, as long as she makes under 80,000 or so USD.
> I was told that our assets and her earnings here in Canada are irrelavent to
> the I-864.
I doubt that is true if the assets also belong to her. In fact, I believe for a
married couple both parties assets can be counted. I am sure someone here will
comment on that.
> Also, she does have relatives who are US citizens. They might be willing to sign an
> affidavit of support. If this is possible then what about the 3 year of IRS
> statements ?
She needs to file the tax returns as required by law. US Citizens file tax returns no
matter where they live.
Aug 21st 2002, 3:35 pm
#3
Guest
Posts: n/a
Re: Help ! We are stuck at the I-864 Affidavit of Support stage
Hi there, I don't have a lot of information to offer you, but I sympathize with your
situation. I filed an I130 for my Canadian husband in August 2001 and we are
scheduled for an interview in Montreal next week. it has been a long process.
At the time of our application, my husband and I were residing in Canada. We were
also concerned at your point because I wasn't domiciled in the US and that is one of
the requirements of the I864. If you go onto the INS website, they have information
on establishing a domicile. Your wife will have to do this in order for her
application to be approved. It is quite easy to establish though. She just needs to
go down for a few weeks, possibly rent an apt., open a bank account, register your
children in school for next year, etc... All of this information is available on the
INS website. Just look under the Affidavit of Support and it explains this.
As far as your income requirements, if you were told your Canadian assets were not
eligible, you will need to have a co-sponsor. We had to do this because I am a
homemaker and I have no income. Your co-sponsor will have to prove their citizenship
and meet the income requirements.
I found that I posted 2 notes in this forum inquiring about the I130 interview in
Montreal. I have not had one response or any help from anyone. I have been involved
in another forum for some time now. It is a lot more informative than this one. Go
to about.com. Click on Immigration Issues, and you will find a list of forums. You
will need to register with the forum, but its free. Open a new folder and post your
message to Andyockrim. He is extremely knowledgeable about immigration issues and to
date hasn't steered me in the wrong direction. He is away this week, but he always
responds with very helpful and insightful information. You will find that website to
be a lot more helpful and user friendly than this one.
Good Luck! I hope I was some sort of help, Sandi
"Terence G." <[email protected]> wrote in message news:[email protected]...
> Our I-130 was approved. Now they sent us the I-864. I am not sure how to
> proceed.... Here is our senario.
> Husband =Canadian Citizen. Wife = US Citizen via parents. Never stepped foot in the
> USA. Grew up in the UK. Now has landed status in Canada.
> We have been married for over 2 years and living and working in Canada for 4. We
> both file Canadian tax returns on our income here in Canada.
> The problem is the requirements for the I-864. She has never filed a US tas return.
> We both have substantial assets here in Canada. (In the husbands name only) We are
> both IT contractors with very lucrative contracts at a major bank in Canada.
> I was told that our assets and her earnings here in Canada are irrelavent to
> the I-864.
> What do we do ? The I-864 has been sitting on my desk for the past week.
> The only thing I could come up with was that my wife move to the US and get a job
> and apartment. Then she can submit the I-864. (this would mean a considerable delay
> in completing the process) If this is the case, could I then fly down and stay with
> her as an extended vacation since Canadian citizens do not require a visa ? When
> the I-864 is approved we could then fly to Montreal for the interview.
> Also, she does have relatives who are US citizens. They might be willing to sign an
> affidavit of support. If this is possible then what about the 3 year of IRS
> statements ?
> Thanks Terence G.
situation. I filed an I130 for my Canadian husband in August 2001 and we are
scheduled for an interview in Montreal next week. it has been a long process.
At the time of our application, my husband and I were residing in Canada. We were
also concerned at your point because I wasn't domiciled in the US and that is one of
the requirements of the I864. If you go onto the INS website, they have information
on establishing a domicile. Your wife will have to do this in order for her
application to be approved. It is quite easy to establish though. She just needs to
go down for a few weeks, possibly rent an apt., open a bank account, register your
children in school for next year, etc... All of this information is available on the
INS website. Just look under the Affidavit of Support and it explains this.
As far as your income requirements, if you were told your Canadian assets were not
eligible, you will need to have a co-sponsor. We had to do this because I am a
homemaker and I have no income. Your co-sponsor will have to prove their citizenship
and meet the income requirements.
I found that I posted 2 notes in this forum inquiring about the I130 interview in
Montreal. I have not had one response or any help from anyone. I have been involved
in another forum for some time now. It is a lot more informative than this one. Go
to about.com. Click on Immigration Issues, and you will find a list of forums. You
will need to register with the forum, but its free. Open a new folder and post your
message to Andyockrim. He is extremely knowledgeable about immigration issues and to
date hasn't steered me in the wrong direction. He is away this week, but he always
responds with very helpful and insightful information. You will find that website to
be a lot more helpful and user friendly than this one.
Good Luck! I hope I was some sort of help, Sandi
"Terence G." <[email protected]> wrote in message news:[email protected]...
> Our I-130 was approved. Now they sent us the I-864. I am not sure how to
> proceed.... Here is our senario.
> Husband =Canadian Citizen. Wife = US Citizen via parents. Never stepped foot in the
> USA. Grew up in the UK. Now has landed status in Canada.
> We have been married for over 2 years and living and working in Canada for 4. We
> both file Canadian tax returns on our income here in Canada.
> The problem is the requirements for the I-864. She has never filed a US tas return.
> We both have substantial assets here in Canada. (In the husbands name only) We are
> both IT contractors with very lucrative contracts at a major bank in Canada.
> I was told that our assets and her earnings here in Canada are irrelavent to
> the I-864.
> What do we do ? The I-864 has been sitting on my desk for the past week.
> The only thing I could come up with was that my wife move to the US and get a job
> and apartment. Then she can submit the I-864. (this would mean a considerable delay
> in completing the process) If this is the case, could I then fly down and stay with
> her as an extended vacation since Canadian citizens do not require a visa ? When
> the I-864 is approved we could then fly to Montreal for the interview.
> Also, she does have relatives who are US citizens. They might be willing to sign an
> affidavit of support. If this is possible then what about the 3 year of IRS
> statements ?
> Thanks Terence G.
Aug 22nd 2002, 12:19 am
#4
Guest
Posts: n/a
Re: Help ! We are stuck at the I-864 Affidavit of Support stage
Thanks for the advice regarding the affidavid of support re: US tax returns. The
good news is that we don't owe the IRS any money.
Question: Our contracts will be coming to a close next month. I was hoping that
1. She (USC) will then move to the USA and rent an apartment and find a job.
2. I would fly down and stay with her and wait out the process. I would fly back to
Canada if I/we needed to appear for the interview in Montreal.
Is #2 possible. Can I ( a Can. Citizen) come and go as a tourist visiting my wife and
in-laws even though I am in the process of obtaining an immigrant visa?
Thanks Terence G.
On Wed, 21 Aug 2002 14:50:34 +0100, "S.M." <[email protected]> wrote:
>Terence First of all, are you both planning to move to the US? If you are not there
>is no point in proceeding with this application.
>If you are then read on: The law states that all US citizens (I assume your wife has
>a US passport as proof of citizenship) must file tax returns every year regardless
>of where they live. If you live in a country which has tax reciprocity laws (which I
>would assume Canada has with the US) this should mean that you shouldn't have to pay
>any extra taxes to the US Government. "American citizens and legal permanent
>residents working abroad are required by the IRS to file a return, declaring
>worldwide income, even if all of their overseas income is excluded from U.S. taxes."
>You will not be able to proceed with this process until she files her last 3 years
>tax returns, ie. 2001, 2000, 1999 She must get the ball rolling on this ASAP, I'm
>sure it is possible to file retrospectively, although you may need the help of an
>accountant. http:-
>//www.usembassy.org.uk/cons_web/faqs/iv/faq_taxrt.htm
>Her assets and income are very relevant to the I-864 and if she cannot show enough
>income/assets then you will be required to get a joint sponsor. (It might be a good
>idea to get a joint sponsor anyway just in case) A joint sponsor needs to be a US
>citizen living in the US, with sufficent income exceeding the INS poverty
>guidelines. http://www-
>.ins.usdoj.gov/graphics//howdoi/affsupp.htm
>If you are thinking of sending your wife ahead to set up an apartment, i would wait
>until closer to the time of the interview to minimise the amount of time apart. But
>there is no requirement for her to be living there, only that she intends to make
>the US her primary place of domicile. SO if she can prove that she intends to move
>to the US this is acceptable.
>Hope this helps
>S.M.
>"Terence G." <[email protected]> wrote in message news:[email protected]...
>> Our I-130 was approved. Now they sent us the I-864. I am not sure how to
>> proceed.... Here is our senario.
>> Husband =Canadian Citizen. Wife = US Citizen via parents. Never stepped foot in
>> the USA. Grew up in the UK. Now has landed status in Canada.
>> We have been married for over 2 years and living and working in Canada for 4. We
>> both file Canadian tax returns on our income here in Canada.
>> The problem is the requirements for the I-864. She has never filed a US tas
>> return. We both have substantial assets here in Canada. (In the husbands name
>> only) We are both IT contractors with very lucrative contracts at a major bank in
>> Canada.
>> I was told that our assets and her earnings here in Canada are irrelavent to
>> the I-864.
>> What do we do ? The I-864 has been sitting on my desk for the past week.
>> The only thing I could come up with was that my wife move to the US and get a job
>> and apartment. Then she can submit the I-864. (this would mean a considerable
>> delay in completing the process) If this is the case, could I then fly down and
>> stay with her as an extended vacation since Canadian citizens do not require a
>> visa ? When the I-864 is approved we could then fly to Montreal for the interview.
>> Also, she does have relatives who are US citizens. They might be willing to sign
>> an affidavit of support. If this is possible then what about the 3 year of IRS
>> statements ?
>> Thanks Terence G.
On Wed, 21 Aug 2002 14:41:54 GMT, "mrtrave;" <[email protected]> wrote:
>"Terence G." wrote:
>> The problem is the requirements for the I-864. She has never filed a US tas
>> return.
>Why not? If she has the income required to file one, then she is required to file
>on. So, she should file them now, at least for the past 3 years. There will probably
>not be any tax or penalties due, as long as she makes under 80,000 or so USD.
>> I was told that our assets and her earnings here in Canada are irrelavent to
>> the I-864.
>I doubt that is true if the assets also belong to her. In fact, I believe for a
>married couple both parties assets can be counted. I am sure someone here will
>comment on that.
>> Also, she does have relatives who are US citizens. They might be willing to sign
>> an affidavit of support. If this is possible then what about the 3 year of IRS
>> statements ?
>She needs to file the tax returns as required by law. US Citizens file tax returns
>no matter where they live.
good news is that we don't owe the IRS any money.
Question: Our contracts will be coming to a close next month. I was hoping that
1. She (USC) will then move to the USA and rent an apartment and find a job.
2. I would fly down and stay with her and wait out the process. I would fly back to
Canada if I/we needed to appear for the interview in Montreal.
Is #2 possible. Can I ( a Can. Citizen) come and go as a tourist visiting my wife and
in-laws even though I am in the process of obtaining an immigrant visa?
Thanks Terence G.
On Wed, 21 Aug 2002 14:50:34 +0100, "S.M." <[email protected]> wrote:
>Terence First of all, are you both planning to move to the US? If you are not there
>is no point in proceeding with this application.
>If you are then read on: The law states that all US citizens (I assume your wife has
>a US passport as proof of citizenship) must file tax returns every year regardless
>of where they live. If you live in a country which has tax reciprocity laws (which I
>would assume Canada has with the US) this should mean that you shouldn't have to pay
>any extra taxes to the US Government. "American citizens and legal permanent
>residents working abroad are required by the IRS to file a return, declaring
>worldwide income, even if all of their overseas income is excluded from U.S. taxes."
>You will not be able to proceed with this process until she files her last 3 years
>tax returns, ie. 2001, 2000, 1999 She must get the ball rolling on this ASAP, I'm
>sure it is possible to file retrospectively, although you may need the help of an
>accountant. http:-
>//www.usembassy.org.uk/cons_web/faqs/iv/faq_taxrt.htm
>Her assets and income are very relevant to the I-864 and if she cannot show enough
>income/assets then you will be required to get a joint sponsor. (It might be a good
>idea to get a joint sponsor anyway just in case) A joint sponsor needs to be a US
>citizen living in the US, with sufficent income exceeding the INS poverty
>guidelines. http://www-
>.ins.usdoj.gov/graphics//howdoi/affsupp.htm
>If you are thinking of sending your wife ahead to set up an apartment, i would wait
>until closer to the time of the interview to minimise the amount of time apart. But
>there is no requirement for her to be living there, only that she intends to make
>the US her primary place of domicile. SO if she can prove that she intends to move
>to the US this is acceptable.
>Hope this helps
>S.M.
>"Terence G." <[email protected]> wrote in message news:[email protected]...
>> Our I-130 was approved. Now they sent us the I-864. I am not sure how to
>> proceed.... Here is our senario.
>> Husband =Canadian Citizen. Wife = US Citizen via parents. Never stepped foot in
>> the USA. Grew up in the UK. Now has landed status in Canada.
>> We have been married for over 2 years and living and working in Canada for 4. We
>> both file Canadian tax returns on our income here in Canada.
>> The problem is the requirements for the I-864. She has never filed a US tas
>> return. We both have substantial assets here in Canada. (In the husbands name
>> only) We are both IT contractors with very lucrative contracts at a major bank in
>> Canada.
>> I was told that our assets and her earnings here in Canada are irrelavent to
>> the I-864.
>> What do we do ? The I-864 has been sitting on my desk for the past week.
>> The only thing I could come up with was that my wife move to the US and get a job
>> and apartment. Then she can submit the I-864. (this would mean a considerable
>> delay in completing the process) If this is the case, could I then fly down and
>> stay with her as an extended vacation since Canadian citizens do not require a
>> visa ? When the I-864 is approved we could then fly to Montreal for the interview.
>> Also, she does have relatives who are US citizens. They might be willing to sign
>> an affidavit of support. If this is possible then what about the 3 year of IRS
>> statements ?
>> Thanks Terence G.
On Wed, 21 Aug 2002 14:41:54 GMT, "mrtrave;" <[email protected]> wrote:
>"Terence G." wrote:
>> The problem is the requirements for the I-864. She has never filed a US tas
>> return.
>Why not? If she has the income required to file one, then she is required to file
>on. So, she should file them now, at least for the past 3 years. There will probably
>not be any tax or penalties due, as long as she makes under 80,000 or so USD.
>> I was told that our assets and her earnings here in Canada are irrelavent to
>> the I-864.
>I doubt that is true if the assets also belong to her. In fact, I believe for a
>married couple both parties assets can be counted. I am sure someone here will
>comment on that.
>> Also, she does have relatives who are US citizens. They might be willing to sign
>> an affidavit of support. If this is possible then what about the 3 year of IRS
>> statements ?
>She needs to file the tax returns as required by law. US Citizens file tax returns
>no matter where they live.
Aug 22nd 2002, 1:02 am
#5
Concierge
Joined: Apr 2001
Posts: 46,477
Re: Help ! We are stuck at the I-864 Affidavit of Support stage
Let's clear up this mess. Your assets, both yours and hers, are definitely useable for the I-864. I know that Canadian law differs in regards to filing status for married couples and there is no such thing as filing joint so you might equate property as his and hers while the US will consider property (assets) as joint unless a legal document separates the proceeds. Regardless, you and she can use any assets you have to fulfill the I-864 requirements. Bear in mind that if you use assets they must be FIVE (5) times the 125% poverty guidelines for a family your size. Therefore if you family consists of only two people that is approximately $75,000 USD not CDN.
Also you can offer your Canadian tax returns at the time of the interview to demonstrate your employment history and earning capacity. It would also help to have a job lined up for when you enter the States. Being in the IT field you do know that the market is slim these days and many H-1B people are losing their jobs and being forced to return to their own country. This is evidenced on the other US Visa news groups.
Of course, a co-sponsor would eliminate all the worry about the I-864 so if you can get one, go for it.
Rete
Also you can offer your Canadian tax returns at the time of the interview to demonstrate your employment history and earning capacity. It would also help to have a job lined up for when you enter the States. Being in the IT field you do know that the market is slim these days and many H-1B people are losing their jobs and being forced to return to their own country. This is evidenced on the other US Visa news groups.
Of course, a co-sponsor would eliminate all the worry about the I-864 so if you can get one, go for it.
Rete
Aug 22nd 2002, 1:04 am
#6
Concierge
Joined: Apr 2001
Posts: 46,477
Re: Help ! We are stuck at the I-864 Affidavit of Support stage
PS Your wife might be able to get away with not having filed US tax returns based on the fact that she was not aware that she held US citizenship. Have her call the IRS and ask their advice on how to proceed.
Aug 22nd 2002, 4:15 am
#7
Guest
Posts: n/a
Re: Help ! We are stuck at the I-864 Affidavit of Support stage
Rete wrote:
> PS Your wife might be able to get away with not having filed US tax returns based
> on the fact that she was not aware that she held US citizenship. Have her call
> the IRS and ask their advice on how to proceed.
AFAIK, she will only get penalized if she owes tax. With her income, she doesn't. You
can call IRS on go to the website for forms. I believe they have them for the past
few years, on the website, at least. For INS, I would start by getting the past 3
years 1999-2001. The London IRS office should be able to assist with your questions.
I know of no reason why IRS will have a problem with you filing now. You will have
INS problems if you don't file.
> PS Your wife might be able to get away with not having filed US tax returns based
> on the fact that she was not aware that she held US citizenship. Have her call
> the IRS and ask their advice on how to proceed.
AFAIK, she will only get penalized if she owes tax. With her income, she doesn't. You
can call IRS on go to the website for forms. I believe they have them for the past
few years, on the website, at least. For INS, I would start by getting the past 3
years 1999-2001. The London IRS office should be able to assist with your questions.
I know of no reason why IRS will have a problem with you filing now. You will have
INS problems if you don't file.
Aug 22nd 2002, 6:17 am
#8
Concierge
Joined: Apr 2001
Posts: 46,477
Re: Help ! We are stuck at the I-864 Affidavit of Support stage
Originally posted by Mrtravel:
]
AFAIK, she will only get penalized if she owes tax. With her income, she doesn't. You
can call IRS on go to the website for forms. I believe they have them for the past
few years, on the website, at least. For INS, I would start by getting the past 3
years 1999-2001. The London IRS office should be able to assist with your questions.
I
]
AFAIK, she will only get penalized if she owes tax. With her income, she doesn't. You
can call IRS on go to the website for forms. I believe they have them for the past
few years, on the website, at least. For INS, I would start by getting the past 3
years 1999-2001. The London IRS office should be able to assist with your questions.
I
My point was that as she was unaware that she was a US citizen she may not have to file back taxes since her citizenship was an unknown status prior to this year. IRS might not want her to file for those years. The only true way to find out is contact a good immigration attorney and accountant and/or contact IRS in the States directly.
Rete
Aug 22nd 2002, 12:17 pm
#9
Guest
Posts: n/a
Re: Help ! We are stuck at the I-864 Affidavit of Support stage
Sorry, confused with a Brit with a similar problem. 
I believe there is a statute
of limitation, so she would need to file up until that. However, that isn't something
to worry about too much since the income was low and fully deductible. IRS gains
nothing by this... However, INS will expect returns for the past 3 years and I
recommend filing those ASAP to avoid delays.
Rete wrote:
> Originally posted by Mrtravel:
> > ]
> >
> > AFAIK, she will only get penalized if she owes tax. With her income, she doesn't.
> > You can call IRS on go to the website for forms. I believe they have them for the
> > past few years, on the website, at least. For INS, I would start by getting the
> > past 3 years 1999-2001. The London IRS office should be able to assist with your
> > questions.
> >
> > I
> Why the comment the London IRS office shoudl be able to assist? Why are in Canada
> not in England.
> My point was that as she was unaware that she was a US citizen she may not have to
> file back taxes since her citizenship was an unknown status prior to this year.
> IRS might not want her to file for those years. The only true way to find out is
> contact a good immigration attorney and accountant and/or contact IRS in the States
> directly.
> Rete
> --
> Posted via http://britishexpats.com
I believe there is a statuteof limitation, so she would need to file up until that. However, that isn't something
to worry about too much since the income was low and fully deductible. IRS gains
nothing by this... However, INS will expect returns for the past 3 years and I
recommend filing those ASAP to avoid delays.
Rete wrote:
> Originally posted by Mrtravel:
> > ]
> >
> > AFAIK, she will only get penalized if she owes tax. With her income, she doesn't.
> > You can call IRS on go to the website for forms. I believe they have them for the
> > past few years, on the website, at least. For INS, I would start by getting the
> > past 3 years 1999-2001. The London IRS office should be able to assist with your
> > questions.
> >
> > I
> Why the comment the London IRS office shoudl be able to assist? Why are in Canada
> not in England.
> My point was that as she was unaware that she was a US citizen she may not have to
> file back taxes since her citizenship was an unknown status prior to this year.
> IRS might not want her to file for those years. The only true way to find out is
> contact a good immigration attorney and accountant and/or contact IRS in the States
> directly.
> Rete
> --
> Posted via http://britishexpats.com
