Help ! We are stuck at the I-864 Affidavit of Support stage
Aug 21st 2002, 1:16 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, 1:50 am
#2
Guest
Posts: n/a
Re: Help ! We are stuck at the I-864 Affidavit of Support stage
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.go-
v/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.
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.go-
v/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.
