uncle hammy

We were unaware that my wife had to be filing US tax returns every year, even though she has not lived in the US or earned any income there for almost 6 years.

Anyways, we only have to file for 2002 - 2004 based on her income and the required to file amounts. After a long discussion with the IRS, they indicated that I could include a W7 form for myself to get a tax payer identity number and allow us to file a joint return in the US.

My question is this. My wife hasno income as a stay at home mother, and we were going to get a co-sponsor. If I were to go ahead and complete the W7for an IITI number and then file my wife's tax returns as joint returns with me, would we then be able to use these completed filed tax returns which now include my world wide income as proof of financial support for the affidavit of support with our pending I130 case?

I suppose if anyone happens to know the answer to this question as well, I'd appreciate it. If I file a joint tax return with my wife, would I also be able to claim for foreign earned income exclusion on my earnings?

Thanks,
Hammy

hcj1440

Are you already in the US or are you still living abroad? For the I-864 affidavit of support, the sponsor needs to be domiciled in the US. If you and your wife are still living abroad, you cannot use your income due to that fact, and thus would still require a joint sponsor no matter what you do with the tax returns.

*Under some very limited circumstances, one could live abroad but still be considered as domiciled in the US. But since it's usually tied to things like working as an expat for a US company, I don't think your wife would qualify.

uncle hammy

We are still living abroad. My wife has already made arrangements for a place to live upon return to the United States, and is recieving proof of such in order to satisfy the re-establishment of domicile for our I-130 interview (whenever that happens). As indicated, my wife has no income now, and has only has very limited income in the last 3 years all earned from Canadian companies while living in Canada.

So I guess it is porbably less hassle for us to simply file them on her own and wait for me to get our K3 / EAD (which we have also applied for in the interim of waiting for the I-130) then apply for a SSN? Which is fine by me, I didn't reall want to send the IRS my passport, knowing I will likely be needing it soon for all these visa apps we have floating out there!

Thanks for the reply!

bionomique

Why would you need to send your passport to IRS?

leebarton

Always send copies only - if they really want to see the original then arrange to take it into the office.

On the subject of tax returns, the year I moved over here we filed a joint return, including my worldwide income, but then when we filled in the affadavit of support only listed her income (included a copy of her w-2 so we could show the split, or equivilent from Canada).

If you do this, you can then
a) start collecting proof of joint intermingled finances
b) Use what limited income she did have in her own right so you need that little bit less support from friends/relatives, while still documenting intent to move to the US and getting your name into the system

Check with a tax professional, I am certainly not one! =P

jeffreyhy

bio,

Read the instructions for IRS Form W-7.

Regards, JEff

Rete

You have to remember that tax filing is different in the US than in Canada. In the US you have to file married (if you are married) but can file joint or separate. In Canada there is no joint filing available for married couples. For us that is great because if my husband had to file his Canadian taxes with my US income we would be screwed as the Canadian allowanced for foreign earned income is less than the US allows for foreign earned income.

The affidavit of support is a major issue for returning US citizens bringing their spouses and children back to live in the US. Usually they don't have US income to show that they can provide the financial support required for the I-864 required for the I-130. Unless you have major assets that can fill the requirement you need a co-sponsor. A co-sponsor can be a USC or a US permanent resident and with a few exceptions must be domiciled in the US at the time of signing the affidavit. Does your wife have parents that would be able financially to meet the financial requirements of 125% of the poverty guidelines for 2005 for a family their size plus you? Remember if you have offspring they do not require visas or financial sponsorship if they are children born to your wife as in most cases they will be US Citizens as well.

If you have a house and the equity on the property is substantial then that can be used to meet the financial sponsorship. The equity must be 5 times what the financial requirement. In other words for a family of two, you would need approximately $16,000 times 5 would be $80,000 US.

In the past before the intervention of the National Visa Center in the processing procedures, Montreal would have accepted a smaller amount or no assets if the couple had a job offer in the US that they were going to. I don't know if the NVC is or would be as lenient.

Ways around this is for your wife to return to the US, get a job and use that employment as the basis of proof of her ability to financially sponsor you.

You mentioned the K-3. I have to say that although the K-3 is a nice visa for reuniting separated couples, it does not provide much in the way of allowing you speedy employment authorization. Your wife would need to still complete an affidavit of support for you and/or you would need a co-sponsor and when you are approved for the K-3 when you enter the US you are not authorized to work immediately or to apply for the coveted social security number which is also a requirement for employment. The SSN is only available to you when you have an Employment Authorization Document in your hands and that document could take a minimum of 90 days to get. So all in all you have to be realistic and look at the very real possibility that you will not be able to work in the US for at least 3 months after entering.

I know it seems harsh but those are the regulations and they are similar for US Citizens migrating to Canada. There is no instant work authorization.

Another possibility is if you are of a certain profession and have the required degree you can see about a TN-1 visa. While you might have a problem because you are married to a USC and are planning to immigrate to the US, I have discovered that the TN is a dual visa and one can apply for residency from a TN once a labor certificate is obtained. So you might want to check that out with an attorney to see if that is a possibility for you.

bionomique

Yeah, well the instructions for Form W-7 from IRS state clearly that original documents, such as a passport are not required. Specifically, it says, "You can submit copies of original documents if the copies are:
● Certified by the issuing agency or official custodian of the original record, or the original documents, or certified or notarised copies of documents, that
substantiate the information provided on the Form w-7.
● Notarised by a U.S. notary public legally authorized within his or her local jurisdiction to certify that the document is a true copy of the original. To do this, the notary must see the valid, unaltered original document and verify that the copy conforms to the original."

jeffreyhy

bio,

True enough. Or, you can send in the passport itself.

Regards, JEff

bionomique

Given the choice, I know which option I'd elect

uncle hammy

You hit this one right one the head, the Affidavit of support is my major source of anxiety to be honest for the reasons you state. My wife's parents are more than able to meet the 125% requirement, and have indicated they are willing to co-sponsor. Our twins are my wife's (and mine) biological children, so we have already obtained their Certificates of Birth Abroad and SSNs. So are you saying that because we have obtained proof of thier US citizenship, they are not included in the family sizze determination of the Affidavit of Support? Or better put, you mean my wife's parent's only have to proove income of 125% of the guidline for a family of 3 (them + me)?

I do in fact have a very good job offer in the US which is what has prompted us to start this process. Would it be worth getting a letter stating the offer and compensation, just in case?

Not really an option, we have two 18 month old girls she cares for. We need me to remain working, and the cost of child care would kill us lol.

This was something I have been wondering about since we filed the K3. Would it be feasible for the entire family to cross the the border to "activate" the visa, then apply for EAD. While the EAD is being processed, I could return to Canada and continue to work until I have the EAD (we are only moving about 250 miles from where we are now)?

Though right now, we seem to be getting more progress with the I-130 than the K3. We have just sent in the Affidavit of Support fee for the I-130. We recieved the NOA for the K3 in January, and that's the last we have heard about it. I am a little concerned about that too, they haven't sent back any of the original documents we sent them.

Agreed, we already went through much of this to get my wife's permenant residency in Canada. I am not griping, rules are rules...doesn't mean you can't try to work with the rules to your advantage as much as possible .

My only other major source of anxiety is the issue of domicile. Though as I stated, the company offering me the job has already offered us one of two homes they own to live in. They have also said they would draw up a lease or something in my wife's name to show her intent to move back to the US.

uncle hammy

I may be way out in left field here (since you have already gone through this, I haven't ). We've been married for 6 years, have 2 daughters, joint bank accounts in Canada, Life insurance policies with each other listed as beneficiary, a house, etc. I would hope that we won't have to provide more proof of our "intermingledness"

I don't know of any benefit to filing jointly if we can't use my income for the Affidavit of support, as last year for example, my wife's income was under $3000.00 (all Canadian) which was the remainder of her maternity leave.

We have no US income, period and haven't since my wife left the US in '99.

uncle hammy

I know these rules. However, the Canadian Passport Office (issuing agency or custodian I would assume) say they won't notarize a copy of it. If I could find a US notoray public around here, I would go that route.

P.S. Thanks everyone for you eager help! I have posted a couple times, and never got an responses. Your advice is great...browsing through the board there are a lot of great willing people!

hcj1440

Get your in-laws to co-sponsor -- that is usually the easiest route. They only have to prove income for a family of 3 -- them plus you -- unless they have other dependents in which case they have to include the other dependents as well. Your wife and children are already US citizens and do not need financial sponsorship to move back to the US.

EDITED TO ADD: But oddly enough, I believe the kids count as part of your wife's household size for your wife's affidavit of support. She will still be your main sponsor and will have to fill out I-864. She counts you and the kids in her household size. She needs a co-sponsor because she does not meet the income/domicile requirements. The co-sponsor is your FIL or MIL. Let's say it's FIL. FIL counts the members of his household/his dependents -- him and MIL -- and adds you, the sponsored immigrant.

jeffreyhy

hammy,

Emphatic YES! Get a letter stating the job offer in the most positive, assured terms that they are willing to provide.

See 9 FAM 40.41 Notes, N4.6-2(a). Read it carefully, it can be confusing because it's written in the negative. Based on what you've said here you appear to be a clear "unless".

Regards, JEff