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Filed: Country: Canada
Timeline
Posted

Hi again,

I have posted a couple times on my situation but will share a bit again.

I am currently on disability but I am at the end of it so at the current moment my disability falls a little short of the income requirements to sponsor my husband who is Canadian. I have been so torn about this feeling a bit hopeless but not giving up.

My first question on the I 130 is "Address in the United States where your relative intends to live." At the time I am living with friends but when the visa is approved we will be finding a place together so I don't have an address to give them. I could put this address but he will be keeping his job in Canada and we will need to move closer to the border and right now I am 1 1/2 hours from the border so I don't want that to confuse them. Should I just fill in that space we will be getting a place together when the visa is approved or do they want you to already establish a place? I want this to be easy and flowing...

My other question is in regards to a co-sponsor for those who have read my previous posts about not wanting to ask my dad or anyone to co-sponsor as I feel i don't want to place that burdon on them. I did read on the I-864a guide this part... The underlined parts are what I am questioning.

Who May Be Considered a "Household

Member" for Purposes of This Form?

A relative who has the same principal residence as the

sponsor and is related to the sponsor as a spouse, adult

child, parent, or sibling;

A relative or other person whom the sponsor has lawfully

claimed as a dependent on the sponsor's most recent Federal

income tax return even if that person does not live at the

same residence as the sponsor;

The intending immigrant, in certain circumstances. (See

"How Can the Intending Immigrant Be Considered a

Household Member"?)

How Can the Intending Immigrant

Be Considered a Household Member?

The intending immigrant has the same principal residence

as the sponsor and the intending immigrant can establish

that his or her income will continue from the same source,

even after acquisition of permanent residence.

The intending immigrant is the sponsor's spouse and the

intending immigrant can show that his or her income will

continue from the same source after acquisition of

permanent residence.

My spouse lives in Canada so is not in the household but he is my spouse and his income will continue from the same source after he gains permanent residence as he will be keeping his job in Canada and has been there almost 4 years. So will that qualify for us?

Or has anyone had this situation come up?

Thanks again!!! I am feeling paralyzed about filing till I know more.

Thanks so much for your help!!!

Filed: Citizen (apr) Country: Canada
Timeline
Posted

I'm not so caught up on the I-864 but for the address question, you could always write "To Be Determined" but make sure you notify USCIS when you move.

Good luck.

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

What US address will he have on the day the visa would be granted? Use your current address.

Regarding the income, you would submit the employment letter from his job showing that he will continue working there.

At the interview you will explain about your relocation to a place closer to his job. In the meantime can you begin looking for a place? That way you can share that information with the interviewing officer.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Filed: Country: Canada
Timeline
Posted
What US address will he have on the day the visa would be granted? Use your current address.

Regarding the income, you would submit the employment letter from his job showing that he will continue working there.

At the interview you will explain about your relocation to a place closer to his job. In the meantime can you begin looking for a place? That way you can share that information with the interviewing officer.

Thank you both so much for taking time to help!! I really appreciate it. ;)

Because I have heard it can take 10 months to get here I am not able to get a place for us because he is paying $3,000 a month in spousal / child support and can't afford to maintain a 3rd home for us. I am on limited income till I get going here. I was living off my savings but it's gone now. Life takes us down roads we never thought we would travel and marrying a Canadian was not something I EVER imagined nor was being on disability after being a workaholic most of my life. :)

So I am here now and wanting so badly to get this process at least started because 2 years of border crossings is getting old!!! I want to be in the same house. :(

So as you can see I don't want to get a place and assume everything will go smoothly and then something gets held up and we are not able to maintain these residences. A LOT can happen in 10 months so that is why I KNOW in time everything will work out but in this moment filling out the paperwork I don't have answers.

I just wondered if anyone else didn't have their permanent address at the time of filing for the same reasons. I assume others are living as I was before this. :) I Had always had a job and owned a home and things were flowing and then it all crashed and so I don't feel I have the advantage I did most of my life so feeling a bit like an underdog but always positive and KNOWING that everything works out!!! :)

Thanks for listening... :) AND helping!!!

Filed: Country: Canada
Timeline
Posted

Also I know this is the CR-1 forum (we have been married under 2 years - just married 10/10/09) and I know many here say the K3 is on the way out and wait times are about the same but in our case I wonder if it wouldn't be better because of this I found under the K3 info on the USCIS site.

Affidavit of Support

Form I-864, Affidavit of Support, is not required when applying for the K-3 or K-4 nonimmigrant visa. However, the K-3 or K-4 nonimmigrant will need to furnish evidence showing that he or she will not become a public charge while in the United States. You may opt to complete Form I-134, Affidavit of Support, to help demonstrate that your K-3 or K-4 nonimmigrant will not become a public charge while in the United States. When the K-3 or K-4 nonimmigrant visa holder applies for adjustment of status, he or she will adjust status as an immediate relative, and at that time will need to file Form I-864.

From what I know about the K3 you have to file the Adjustment of Status before the 2 years is up. He would be able to show he has a job during his k3 and then that would allow us more time for me to get my income back up. Most probably apply for adjustment of status right away but we could wait till everything was ok or do you think it's best to do the CR-1 based on the info I shared above where he will show he will be keeping his job and have everything done at once and over with. ;) Except for removing the conditions once our marriage has been 2 years.

Just another thought and I know I should just do it but as I shared I don't feel like we fit in the nice tidy box so easily. :)

Thanks again!!!

 
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