Hi everyone! This is my first time posting on this website - what an AWESOME portal!!

My question is this. I was recently let go from my employer and qualify for EI (Un/Employment Insurance) in Canada. Is it safe to accept the EI without the INS officer considering that I might become a public charge??

In the application process, we're just about to send off our Packet 3 to Montreal, which would mean that we would be meeting with the Consular officer in let's say 1-2 months. We're doing DCF via a DS-230 (my wife is living with me in Canada and is an American Citizen).

Quick other background info: I have never been unemployed before. My wife is not working as we have a 6 month old baby (she is also on employment insurance). We do have a place to live in the U.S. and will have a co-sponsor for us, but will not have a job lined up when we get there. My field of employment is Project Management.

Any posts back would be greatly appreciated!!!! I'd like to file for EI this week if I can! Thanks.

- Jeff

If I am not mistaken, in the US, UI is not a means tested benefit. However, without employment and the ability to satisfy the I-864 requirements you will have difficulty unless a co-sponsor is found.

The foreign spouse's income does not really factor into the process. It's the income of the U.S. citizen and/or the co-sponsor that is significant.

As long as you have a co-sponsor who is willing to do the Affidavit of Support for you, you will be fine.

Lots of people from Canada were on Employment Insurance in Canada, and some even applied for it after moving to the U.S.

Thanks for the info. guys!

I guess my main concern here is; does it make any difference to the INS officer if I am working, or accepting employment insurance in making their decision regarding public charge?

My wife is living with me here and doesn't have a job, but again I will have an American co-sponsor meeting povery lines and a place to live, so that shouldn't be a problem.

Just trying to clarify and thanks again!!!

They do not cars so much about the intended immigrants work situation as they are intending to immigrate. Jobless at the time of interview is not an uncommon situation....

Don't worry about it too much as long as you have a good co-sponsor.

Hey everyone. I'm still a bit worried about this.. Would it be advisable for me to wait to get my Green Card, then apply for EI, or just go ahead and apply for EI before I meet with the Consular?

I believe Unemployment Income in not a means tested benefit. Additionally, when you file tax returns, you do need to list it and pay tax on the unemployment income.

So, in my opinion, I think you're safe.

However, you need to have enough money on last years taxes to qualify over the 125% poverty income restrictions for your household size.

AND

You will be asked on the Affidavit of Support if you are currently working.

So if not, you will need to get a Joint Sponsor or Co Sponsor.

The means tested benefit is a US immigration matter. Unemployment Income is not a means tested benefit but it is very much a TAXABLE benefit in the US .

Is that good or bad?

depends on your viewpoint on taxation.....

But it doesn't affect my chances of immigrating right?

Well your employment situation in Canada makes no difference to US immigration officials...

There is nothing you can do unless you have significant financial resources. Your wife is the USC and has to prove she can support you. If you are really concerned about this, she should return and find a job before the I-864 is filed or you wait until the baby is older than try immigration again. A co-sponsor should be enough in theory, but it is up to the CO's and POE officer's discretion in the end.

So even if I - as the Immigrating Candadian, were to have a $75,000/year job in Canada, the CO wouldn't care? They would only care about the USC's and Co-sponsor's financial/job status??

Again, my debate as the immigrating Canadian is to go back to work, or get EI. My wife doesn't work and I have been the main care-giver for the last two years. Would the CO frown on this?

Many thanks.

Nope, only the income of the USC is important, and not only that, it has to be from US origin. So, she cannot have a Canadian job and use that income on the I-864 if it is not going to continue in the US. She has to prove that she can support you financially from US sources. If not you need a co-sponsor. However, it is up to the CO and POE officer to decide if they will accept that as proof that you will not become a public charge.

Your resources are only considered if you have a significant amount of money or investments that can be liquidated.

In order to meet the I-864 requirements, you're going to have to either demonstrate a source of income in the USA in the way of a position lined up or use assets to qualify and yes, I believe DCF still permits a joint sponsor.

So again to everyone... I have been the main income earner for my wife and I in Canada for the past 3 years. When I go speak with a CO - is he going to be concerned that I'm on EI rather than working? My wife has no income, but we do have a co-sponsor in the U.S........ Should I go back to work, or collect EI???

Thanks again.

You aren't getting it. The officer doesn't care about you. You could be a bum for all they care. They only care about your wife's or your wife's co-sponsor's ability to support YOU.

Thank you everyone for your replies.

Just a question, is anybody here a lawyer and can confirm this information for sure for sure?

If you wanted "legal advice" then it would be necessary to go to a lawyer. I really doubt any lawyer will come forward and confirm this (as a lawyer) due to at a minimum for liability reasons. Somebody who happens to be a lawyer might give you his/her personal opinion, but not as a lawyer.

The burden of proving financial ability is on your American wife first and foremost. Your assets can be listed as OPTIONAL on the I-864, but that is AFTER your wife shows financial income.

A lawyer is an added expense that you really can avoid.

All you need to do is read the instructions slowly and carefully for the I-864 form (Affidavit of Support). It is not hard to understand.

The bottom line is....your sponsor (the American citizen) needs to have financial income that is 125% of the poverty limit for your household.

It does not matter whether the beneficiary (the foreign citizen) has assets or not because the onus is on the sponsor.

Think of it this way....the US government doesn't want a lot of welfare people or unemployed people bringing in more people to go on government assistance. So this way only American citizens who prove to be financially stable can petition for immigration. They guarantee to the government in the process, the immigrant will not become a "ward of the State."

Have you considered asking this in the Canadian forum? Might be a good idea

Cheers