Spousal Affidavit of Support

[jedinite 0]

I haven't really seen any information on the spousal affidavit of support on here. I was wondering how this works exactly.

My situation is that while I was working in the US on a TN-1 Visa I was supporting my wife, at the time she was a student and we weren't married yet. She's been working for the past year and a half full-time. I was wondering if this will pose a problem during the next phase of the I-130 phase or if it's not a big deal. Is there any other supporting information that we will need? I am definitely the "bread-winner" of the family since I've been working in my career field for the past 9 years.

My second question is regarding working outside of the country once I offically get my CR-1. I had a job offer before I left the US but I am not sure if I will have the same offer when I am finally able to return. I will most likely be working in Canada by the time my visa is finally approved, so am I able to continue working in Canada and travel back and forth (probably come back on the weekends) or will I have to drop my contracts in Canada and search for new work in the US? I will notify the company that was going to hire me in the US before I finally get my interview and such but I want to make sure I can work so we do not have to endure any more financial burden. BTW I am not asking whether I can or cannot work with the CR-1, I know that I can, but I want to know more specifics on working outside of the US until such time as I actually get a job in the States again.

Thanks everyone in advance for the advice.

[jedinite 0]

Oh yeah forgot to mention, I am not positive whether my wife's 2007 tax return will show that she made over the 125% poverty limit because she had just started working at her current place of employment half way through the year. But I know that with her current pay stubs and a letter from her employer she will be filing for well over the 125% poverty limit.

Oh and on this page: http://travel.state.gov/visa/immigrants/info/info_1327.html

Since we do not have kids and it's only her and I, would we be a 1 or 2 member family unit?

[t0+ 1]

Hi,

Your wife will have to show via a form I-864/I-864EZ and its supporting documents that she meets the federal requirements to sponsor an intending immigrant. Since you are both the intending immigrant and spouse, your income can be considered only if you can show that the employment will continue to be available after you acquire permanent resident status. The prospect of employment in the United States that has not yet actually begun does not count toward meeting this requirement. It sounds like you would need to still be working on your TN-1 and show that the employment would continue.

If your wife does not meet the federal guidelines for 2007, but she is currently making above that; I would suggest including as much evidence as possible so that your wife's anticipated income will be considered. This would include a letter of employment, pay check stubs, etc. Also, it might not be a bad idea to have a co-sponsor lined up just in case.

In your case, it sounds like your household size would be 2.

[jedinite 0]

Hi,

Your wife will have to show via a form I-864/I-864EZ and its supporting documents that she meets the federal requirements to sponsor an intending immigrant. Since you are both the intending immigrant and spouse, your income can be considered only if you can show that the employment will continue to be available after you acquire permanent resident status. The prospect of employment in the United States that has not yet actually begun does not count toward meeting this requirement. It sounds like you would need to still be working on your TN-1 and show that the employment would continue.

If your wife does not meet the federal guidelines for 2007, but she is currently making above that; I would suggest including as much evidence as possible so that your wife's anticipated income will be considered. This would include a letter of employment, pay check stubs, etc. Also, it might not be a bad idea to have a co-sponsor lined up just in case.

In your case, it sounds like your household size would be 2.

Thanks that's very helpful.

One more question though, what if I am working in Canada and will be continuing to work here until I get a job opportunity in the US, can I include that in the income? There shouldn't be a problem with my wife proving she makes enough with pay stubs and employment letter, it's just that last year's tax filing may not fulfill the required amount since she only started working half way through the year and didn't quite make more than the 125% needed during that period. Her mother or brother-in-law may be able to show co-sponsorship, is that the same as co-siging? Or will my in-laws need to fill out a particular sponsorship visa? Thanks again for the advice.

[t0+ 1]

To be honest I am not sure what the correct answer is. You're in the unique situation of still being able to "commute" after aquiring LPR satus. However, reading the following regarding your continued employment in Canada (check the bolded part):

Use of Intending Immigrant’s Income . If the sponsor does not meet the income requirement on the basis of his or her own income and/or assets, the sponsor may also count the intending immigrant’s income if (1)(a) the intending immigrant is either the sponsor’s spouse or (B) has the same principal residence as the sponsor, and (2) the preponderance of the evidence shows that the intending immigrant’s income results from the intending immigrant’s lawful employment in the United States or from some other lawful source that will continue to be available to the intending immigrant after he or she acquires permanent resident status. The prospect of employment in the United States that has not yet actually begun does not count toward meeting this requirement.

...would suggest that may be OK.

Here is the full doc:

http://www.uscis.gov/propub/template.htm?v...;hash=0-0-0-524

Regarding the co-sponserhip/co-signing, I should have written "joint-sponsor". The joint-sponsor is used when the petitioner can not meet the required 125% of the required Federeal Poverty guideline. The joint sponsor must demonstrate income or assets that independently meet the requirements to support the sponsored immigrant. It is not sufficient for the combination of incomes of the primary sponsor, sponsored immigrant and joint sponsor to meet the threshold.

Each joint sponsor must execute a Form I-864 that is submitted in addition to the Form I-864 submitted by the petitioner or substitute sponsor. A joint sponsor does not have to be related to the petitioning or substitute sponsor, or the sponsored alien. However, a joint sponsor must otherwise meet the same requirements as a petitioning or substitute sponsor.

The use of a joint sponsor does not eliminate the requirement that there be a signed Form I-864 from the petitioner with his or her most recent Federal tax return (or proof that there was no obligation to file).

...check the link above for the full text. Hope that helps!

[jedinite 0]

To be honest I am not sure what the correct answer is. You're in the unique situation of still being able to "commute" after aquiring LPR satus. However, reading the following regarding your continued employment in Canada (check the bolded part):

Use of Intending Immigrant’s Income . If the sponsor does not meet the income requirement on the basis of his or her own income and/or assets, the sponsor may also count the intending immigrant’s income if (1)(a) the intending immigrant is either the sponsor’s spouse or (B) has the same principal residence as the sponsor, and (2) the preponderance of the evidence shows that the intending immigrant’s income results from the intending immigrant’s lawful employment in the United States or from some other lawful source that will continue to be available to the intending immigrant after he or she acquires permanent resident status. The prospect of employment in the United States that has not yet actually begun does not count toward meeting this requirement.

...would suggest that may be OK.

Here is the full doc:

http://www.uscis.gov/propub/template.htm?v...;hash=0-0-0-524

Regarding the co-sponserhip/co-signing, I should have written "joint-sponsor". The joint-sponsor is used when the petitioner can not meet the required 125% of the required Federeal Poverty guideline. The joint sponsor must demonstrate income or assets that independently meet the requirements to support the sponsored immigrant. It is not sufficient for the combination of incomes of the primary sponsor, sponsored immigrant and joint sponsor to meet the threshold.

Each joint sponsor must execute a Form I-864 that is submitted in addition to the Form I-864 submitted by the petitioner or substitute sponsor. A joint sponsor does not have to be related to the petitioning or substitute sponsor, or the sponsored alien. However, a joint sponsor must otherwise meet the same requirements as a petitioning or substitute sponsor.

The use of a joint sponsor does not eliminate the requirement that there be a signed Form I-864 from the petitioner with his or her most recent Federal tax return (or proof that there was no obligation to file).

...check the link above for the full text. Hope that helps!

Certainly does help. Thanks you are just awesome!