I864A - Canadian tax instead of American tax?

[bukerjw 0]

My wife is petitioning for me. I am Canadian and have Canadian income, which will continue when I move to the States. We need my income in order to meet the income requirements on the I864.

I think I am correct that I need to file an I864A in addition to my wife's I864. There is a spot on the I864A where it says I'm required to attach my Federal Taxes. Since I live in Canada and am Canadian with Canadian income, I do not file American taxes, and I presume that's what they mean.

My question is: should I attach my Canadian taxes instead? Or will they still be upset I didn't check the box that I've attached my Federal Taxes? Or should I go ahead and check the box that I've attached my Federal Taxes even though they are Canadian?

I suppose I could file American taxes and claim foreign income, even though I am a nonresident alien..... but this seems very silly and surely this is not what they want me to do. Thoughts?

[mtlguy 59]

My understanding is that you simply can't use your income to supplement her support capacity. However, you'd be able to list your assets in lieu of her income.

[NikLR 13,234]

No you don't need to do an I-864a.

[bukerjw 0]

Oops, I posted to the wrong forum..... Sorry, moderators! Feel free to move me to the appropriate one, I don't think I can myself.

Anyway, to the first replier: It says in some cases beneficiary can use their income, so long as there is proof it will continue once I move. As the job is just across the border (in Canada) less than an hour away from where we are planning to move, I intend to continue working there, at least till I can get something similar in the States. So, my question is if I should send in my Canadian taxes instead of US taxes, or whether they would not appreciate that.

[newacct 688]

Even when counting the immigrant's income, the immigrant never fills out an I-864A.

[Penguin_ie 6,000]

*** moving from K3, an obsolete visa, to CR-1 spousal visa forum ****

[Simeon 25]

Oops, I posted to the wrong forum..... Sorry, moderators! Feel free to move me to the appropriate one, I don't think I can myself.

Anyway, to the first replier: It says in some cases beneficiary can use their income, so long as there is proof it will continue once I move. As the job is just across the border (in Canada) less than an hour away from where we are planning to move, I intend to continue working there, at least till I can get something similar in the States. So, my question is if I should send in my Canadian taxes instead of US taxes, or whether they would not appreciate that.

There are fields in the I-864 that can list your assets. There is no field for your current/future income. If your employer will continue to employ you in the US, it seems like this would be relevant to your I-864, although there is no field in the I-864 where you can enter this information. You can research into the I-864W and decide for yourself if there is a qualification under SSA.

[bukerjw 0]

There IS a field for my income in the I864. On Page 5 of 9 (Part 6), there is a field for the current income of the "Intending Immigrant." The instructions say I can include this income (of the intending immigrant, myself) if it will continue after I move to the United States, which it will.

However, it is Canadian income, and so there have been no American Federal Taxes filed on it. Since I am also supporting our young daughter who will be immigrating with us, it says I need to fill out an I864A (see 11, 12 of Part 6). Then on the I864A form, there is a box I must check that I have sent in my Federal Income Taxes. Hence my conundrum about whether to send in my CANADIAN taxes instead.

Thoughts?

I have significant assets, but not enough to put us above the 4/3 of poverty line without including my continuing Canadian income.

Edited September 16, 2013 by bukerjw

[bukerjw 0]

newacct, we're a family of 3. My wife is the petitioner, and myself and our daughter will both be immigrating. All three of us will be moving together as a family. We all currently live together in Canada. Doesn't that make our daughter my accompanying dependent?

On the I864 page 5 point 12, I can only check the box that says I don't need to file the I864A if I have no accompanying dependents.

[Lakehouse 293]

Perhaps you've done a lot more reading on the I864 than I have, but as a Canadian also awaiting approval (we applied with an I-130 for CR1/IR1, and then followed up with the I-129F hoping a possible K3 could get me to my husband faster), I have a few thoughts.

If you're applying for a K3, you won't need the I-864 until you're in the US and apply for Adjustment of Status, so isn't that a long ways away? Or at least my understanding is you'll only need the I-134 affidavit to (if you can) apply for the K3.

My other understanding is that we, the beneficiaries, don't fill out the I864, although I also have assets that he will refer to/and I'll provide the documents. So would it be correct to say that your wife is the sponsor and she fills out the I864 for both you and your daughter?

Forgive me for just tossing these thoughts out there and not answering your original question about taxation issues, but perhaps someone else is wondering the same things I am. Considering the complexity of immigration issues, dissecting each case helps us all learn a bit more.

[bukerjw 0]

Hi Lakehouse

From what I'm reading on Visajourney, there's a far greater chance we'll get the IR1 than the K3, even though we've applied for the K3. The general policy seems of USCIS is to process the I130 at the same time as the I129F and then the K3 option dies. (We don't get a choice in that.) I also applied for the K3 on the off-chance it would somehow speed things up.

I would actually prefer the K3, as the overall higher cost of the K3 route is made up for in the travel expenses we would incur with a trip to Montreal for the IR1 interview! (Did you know, you have to go to Montreal to do your immigrant visa interview. With the K3, it could be done in Vancouver I believe.) And since I'm working in Canada getting a SSN while I wait for Adjustment of Status would not be an issue. Unfortunately it seems that usually the K3 option dies and they just do the straight immigration these days.

Yes you're right, technically it's my wife filling out the I864, but I'm just doing all the research for her.

Be prepared to do the full I864. There's a good chance you'll be ending up in the IR1/CR1 route.

[Harpa Timsah 13,260]

You cannot use your income because it must be from a US source. You are right that you also have to prove it will continue, but it must be from a US source to begin with.

Your wife is in Canada now? Does she have foreign income? That also will not count.

You should find a co-sponsor.

[bukerjw 0]

Harpa,

Thank you for your knowledge that it must be from a US source. I can not find this requirement anywhere in the documentation or instructions. How do you know it must be from a US source? I've had someone else on Visajourney claim that it should work, they just want to know that the employment will continue once I immigrate.

Anyone else have an opinion on this?

Edited September 17, 2013 by bukerjw