Houston, I think we have a solution- (CR-1) AND (PR) in Canada! :)

[Cindo and Joe 0]

I guess another option would be once I am a Permanent Resident here in Canada, I could go for a DCF back to the states. Still required to fill out the I-864 I would believe, however I found this on the internet for someone in a somewhat similar situation:

http://britishexpats.com/forum/showthread.php?t=174594

Most consulates are pretty good at determining intended domicile for

returning US citizens. The documents are wishy-washy as what constitutes

having an intent to re-establish domicile but usually a job offer is

completely sufficient - indeed, it's common not to have that degree of

evidence.

[Cindo and Joe 0]

Yeah, now that I think of it- how does anyone meet the income requirements when they are filing DCF? It doesn't make sense because you are required to be a permanent resident of the country you are filing DCF from...so how can most people be holding a U.S. job making a U.S. income?

[trailmix 77]

Yeah, now that I think of it- how does anyone meet the income requirements when they are filing DCF? It doesn't make sense because you are required to be a permanent resident of the country you are filing DCF from...so how can most people be holding a U.S. job making a U.S. income?

They can't - well I guess in theory they could, if they were freelancing like you do.

However there are only two options if that is not the case. A joint sponsor or have assets of 3 x's the 125% of the poverty guidelines.

So there is the domicile issue - not hard to prove if you know what they are looking for and the Affidavit of Support - two really separate issues.

Edited May 8, 2009 by trailmix

[Cindo and Joe 0]

Yeah, now that I think of it- how does anyone meet the income requirements when they are filing DCF? It doesn't make sense because you are required to be a permanent resident of the country you are filing DCF from...so how can most people be holding a U.S. job making a U.S. income?

They can't - well I guess in theory they could, if they were freelancing like you do.

However there are only two options if that is not the case. A joint sponsor or have assets of 3 x's the 125% of the poverty guidelines.

So there is the domicile issue - not hard to prove if you know what they are looking for and the Affidavit of Support - two really separate issues.

Thank you TrailMix...you've answered a lot of questions for me.

[Cindo and Joe 0]

I have gotten in touch with my Tax Attorney in the states, and he is currently filing returns for me for years 2006, 2007, and 2008.

In those 3 years, I was working full-time (the same job that will re-hire me full-time upon my return to the U.S.) making average $4,000 Gross per month.

I quit the job in July of 2008 (however I had already made over the $18,220 limit for the year by the time I left. (I should have about $28,000 Gross for the year 2008).

Shouldn't my tax returns for those 3 years be enough proof for the I-134/ I-864 forms if I start the process now?

Edited May 8, 2009 by Cindo and Joe

[SapphireDreams 71]

I have gotten in touch with my Tax Attorney in the states, and he is currently filing returns for me for years 2006, 2007, and 2008.

In those 3 years, I was working full-time (the same job that will re-hire me full-time upon my return to the U.S.) making average $4,000 Gross per month.

I quit the job in July of 2008 (however I had already made over the $18,220 limit for the year by the time I left. (I should have about $28,000 Gross for the year 2008).

Shouldn't my tax returns for those 3 years be enough proof for the I-134/ I-864 forms if I start the process now?

I could be wrong, but I think you also need to provide current and regular income. I haven't read the forms in awhile.

We didn't even provide tax returns for our I134 - We used his 2008 W2, a letter from his employer stating his current job and income, pay stubs within the last few months, his cash assets (which is a lot). I think that having recent and ongoing income is important to them, unless like TMix said, you have a lot of assets.

[trailmix 77]

I have gotten in touch with my Tax Attorney in the states, and he is currently filing returns for me for years 2006, 2007, and 2008.

In those 3 years, I was working full-time (the same job that will re-hire me full-time upon my return to the U.S.) making average $4,000 Gross per month.

I quit the job in July of 2008 (however I had already made over the $18,220 limit for the year by the time I left. (I should have about $28,000 Gross for the year 2008).

Shouldn't my tax returns for those 3 years be enough proof for the I-134/ I-864 forms if I start the process now?

I can only speak about the I-864 (hopefully someone else can answer your questions about when the I-134 would be presented - I don't know if it's pre- Adjustment of Status or during the Adjustment of Status)

Not on past tax returns alone - but maybe based on your past tax returns AND your current freelance income (if you can document that).

The I-864 asks:

I am currently employed as a: ___________________

Name of Employer #1 (if applicable)

Name of Employer #2 (if applicable)

Self Employed

Retired

Unemployed since: _____________

My current individual annual income is: __________

So let's say that you enter that you are self employed and so far this year your income is $ 2000 per month. You could then state that your current annual income is $24000.

That, combined with your 3 tax returns may just fly.

I don't really see a problem with that as long as you have the documentation to back up your earnings (annual income estimate) for this year. Because you are self employed they may well ask for that at the interview. I do not know this for a fact - just seems like a reasonable piece of evidence for them to ask for.

Edited May 8, 2009 by trailmix