Job across border?

[arco_niagara 0]

How would we demonstrate adequate income if my wife is currently unemployed but I'm employed in Canada just across the border. I meet the minimum income requirements, and go to work every day in Canada from my wife's apartment. We're having a hard time finding a joint sponsor, and were wondering if this alone would be adequate. My wife is a USC and I'm a Canadian.

[aleful 1,905]

hi

no, your income doesn't count,

she will need a joint sponsor or assets

[aaron2020 11,651]

You can count your Canadian income if it's going to continue after you get your green card.

[aaron2020 11,651]

https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

From the I-864 Instructions.

What If I Cannot Meet the Income Requirements?

If your income alone is not sufficient to meet the requirement for your household size, the intending immigrant will be ineligible for an immigrant visa or adjustment of status, unless the requirement can be met using any combination of the following:

1. Income from any relatives or dependents living in your household or dependents listed on your most recent Federal income tax return who signed Form I-864A, Contract Between Sponsor and Household Member;

2. Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident;

3. The value of your assets, the assets of any household member who has signed Form I-864A, or the assets of the intending immigrant(s); or

4. A joint sponsor whose income and/or assets equal at least 125 percent of the Federal Poverty Guidelines. (See the What Is a Joint Sponsor section of these Instructions for more information.)

[Boiler 43,359]

Problem will be is saying you are both immigrating to the US and will continue to commute, sounds contra logical.

[aaron2020 11,651]

Problem will be is saying you are both immigrating to the US and will continue to commute, sounds contra logical.

Not if you live in a border town. Very common in border towns for people to live on one side and work on the other.

[Boiler 43,359]

Hopefully the person adjudicating the I 864 lives in a border town.

Assuming the plan is to continue this arrangement does raise many other questions.

[EM_Vandaveer 2,363]

Hopefully the person adjudicating the I 864 lives in a border town.

Assuming the plan is to continue this arrangement does raise many other questions.

Why? As long as the immigrant resides in the US...

Only trips over 24 hours count for being away, right? So going to work shouldn't count as being out of the country for purposes of physical presence & continuous residence or am I missing something?

Edited December 17, 2016 by EM_Vandaveer

[aaron2020 11,651]

A person is considered to be in the US for the day if they spend one second here during the day. Any part of the day spent in the US is considered a day in the US.

You can leave the US at 12:01 AM on Monday and come back at 11:59 PM on Tuesday, and you would be considered to have been in the US on those two days.

[Boiler 43,359]

Just a few elements to consider there are many more, OCare for example.

[aaron2020 11,651]

What does Obamacare have to do with this?

[Boiler 43,359]

He would have to buy it, or piggyback on spouses plan.

Not sure how Canada deal with this other than it is a tax but say he is spending 5 days a week in Canada he would also be paying there, which would be annoying.

[EM_Vandaveer 2,363]

He would have to buy it, or piggyback on spouses plan.

Not sure how Canada deal with this other than it is a tax but say he is spending 5 days a week in Canada he would also be paying there, which would be annoying.

Tax treaty, FEIE? In short he shouldn't be paying taxes on the same income twice. If he pays taxes in Canada on it, sure he still has to declare it on US taxes, but not actually pay (unless it's a huge amount of money).

Residing in the US, he can't get provincial healthcare in Canada, anyway.

So yes, he either needs health insurance in the US or pay the tax penalty.

[Jojo92122 1,924]

How did a question about adequate income for the I-864 get to this? OP did not ask about healthcare or taxes.

Once OP no longer resides in Canada, he no longer qualify for Canadian healthcare. US law requires LPR to have insurance, so he will have to get it in the US.

No FEIE since he will living in the US. OP pays his taxes in Canada and files a Canadian tax return on his earnings there. He reports his Canadian income and taxes on this US tax return. He gets a foreign income tax credit for his Canadian taxes which reduces his US tax liabilities. He only pays the difference if US taxes would be higher. This is not DIY. This should be done by a professional versed in cross border issues.

[Boiler 43,359]

Somebody working full time in Canada, likely they will be deemed resident in Canada,