Acceptable Affidavit of Suport (I-864)

[BadCivilServant 10]

Hello. I am nearly four months into the I-130 process. No movement yet, but I'm hoping something will start happening soon. I am Canadian. My wife is U.S. / Canadian (she was born in Canada, never lived in U.S.; mother is American). I am 47, my wife is 38. We shacked up in 2011 and got married at Graceland Chapel in Las Vegas on April 1, 2012. My wife took out her U.S. citizenship this past July at the consulate in Toronto and we started the I-130 (and waste-of-time-as-it-turns-out) I-129 process after she got her SSN. My wife and I filed separate 1040s just a few months ago. I just got my ITIN number.

I have a lot of questions. But I'll narrow it down to my best two.

The whole thing feels upside down because I'm the breadwinner in the family, yet legally and technically, my wife is sponsoring me.

My annual income is around C$100,000 (US$75,000) annually. I work for a railway. My wife works seasonally in a restaurant here in Niagara Falls, Ontario. She makes a whopping C$15,000 (US$11,000) annually. We want to move to Orlando, Florida. I expect I will end up taking a modest pay cut, whereas she should see her pay double AT LEAST as she will be working full-time, year-'round. We're working on establishing her "concrete plan" to "return" to the U.S. permanently to satisfy the AOS, but that's a different story.

Obviously, her income is insufficient to be a sponsor. My pension is worth nearly C$70,000 (US$52,000) so we plan to use my assets to make up for her lack of income. Under Ontario pension rules, I can access my pension under a number of limited conditions. Two of them are: extreme hardship and being out of Canada for at least two years. At my visa interview, I plan to show that under catastrophic circumstances, I do have these liquid assets I could access. My mom used the hardship clause years ago after she was laid off. Her pension was only C$10,000 and it took about a month to get a check. The fact is, I do plan to cash in my pension in two years (the out-of-country clause) and pay down (or off) the house we intend to buy in Orlando.

Is this something the consular officer would accept?

We are building up our individual savings accounts at a bank in Niagara Falls, N.Y. (part of her plan to "return.") But I don't think we'll be at the US$27,000 mark by the time our I-864 time rolls around.

Also, I understand my (the beneficiary) income can be included if I can prove I am being paid from the same foreign (in this case, Canadian, source) while living in the U.S. I live and work in Niagara Falls, Ontario. Would a consular officer accept that I COULD live in Niagara Falls, N.Y., and continue to work for my Canadian employer in Niagara Falls, Ontario? And would I be held to that arrangement for any period of time before leaving for Florida, which I where my wife and I really want to be?

Thank you and best wishes to all.

[A'n'L 735]

Once you disclose that you intend to live in Florida (which you need to do, and will be on the paper for re-establishment of domicile), it becomes too unlikely that you could work in Niagara Falls. Unless you could work remotely? I also find the liquidity of your retirement account hard to justify (they want to see what you plan to live off, not what your emergency plan is).

Does your wife (or you) have any family or friends in the US that could be a joint sponsor for you?

Also, as I'm sure you are aware, Canada is one of the strictest embassies in terms of showing evidence for re-establishment of domicile. Maybe, to serve both causes, your wife could move ahead of you and start her (better paying) job in the US?

[aaron2020 11,651]

The Consular Officer must follow the law and will not be understanding that you can't meet the I-864 requirements.

Your pension does not count since it can not be liquidated within a year. You need to be living outside Canada for two years before you can even tap it.

Your wife's income and your income would only count if they would continue after you get your green card. You can not count them if you are moving to Orlando.

Get a Joint Sponsor.

[Transborderwife 4,666]

also take note, the Montreal consulate is very strict

[pushbrk 12,115]

also take note, the Montreal consulate is very strict

Correct. No "Canadian Embassy" or US Embassy will be involved in this process.

As for the affidavit of support. If your plan for the immediate future is to live on the US side of the Niagara river, and continue commuting across the bridge, then both incomes can be counted for the affidavit of support. If your plans change once you have your visa, no problem. There are no questions on the affidavit about your long term living plans. If you will initially establish domicile on the US side, there is no need or place to mention your Orlando plans.

That's the only way I see to escape using a joint sponsor. Another poster was correct when they indicated your "assets" are only counted if they are considered liquid. Their definition of liquid is not only "can be liquidated within a year" but that you can do so without harming the sponsor or their family. It's why they don't consider the equity in your current residence. If sold to support a foreign spouse, where would you live? = Harm....

[aaron2020 11,651]

Correct. No "Canadian Embassy" or US Embassy will be involved in this process.

As for the affidavit of support. If your plan for the immediate future is to live on the US side of the Niagara river, and continue commuting across the bridge, then both incomes can be counted for the affidavit of support. If your plans change once you have your visa, no problem. There are no questions on the affidavit about your long term living plans. If you will initially establish domicile on the US side, there is no need or place to mention your Orlando plans.

That's the only way I see to escape using a joint sponsor. Another poster was correct when they indicated your "assets" are only counted if they are considered liquid. Their definition of liquid is not only "can be liquidated within a year" but that you can do so without harming the sponsor or their family. It's why they don't consider the equity in your current residence. If sold to support a foreign spouse, where would you live? = Harm....

Read the I-864 Instructions. The equity in a current resident can be used as an asset for the I-864.

[BadCivilServant 10]

Thank you to all who replied for your advice.

My wife has an aunt in Michigan who offered to be a joint sponsor when we visited in October. We didn't take her up on it at the time because I didn't want to impose on her, but I think we will end up doing that now. If nothing else, just for insurance.

My wife works for one of those international "theme" restaurants in Niagara Falls, Ont. They also have a location in Niagara Falls, N.Y. She tried applying to the U.S. location a last month. But finding work in the tourist industry in Niagara Falls in November is a tall order. Let alone, Niagara Falls, N.Y.

When it looks like there's action on my file, I'll ask her to initiate her transfer down to Orlando. Failing that, I'll send her down and ask her to take any job she can find. I'll book an AirBNB for a month or two and we can meet in Montreal when my interview date comes up. We'll end up paying more than she earns, but hopefully that will make our consular friends happy.

I booked a four-week vacation block starting May 27. I'm hoping not to have to return!

Anyway, thanks again all.

[Transborderwife 4,666]

Thank you to all who replied for your advice.

My wife has an aunt in Michigan who offered to be a joint sponsor when we visited in October. We didn't take her up on it at the time because I didn't want to impose on her, but I think we will end up doing that now. If nothing else, just for insurance.

My wife works for one of those international "theme" restaurants in Niagara Falls, Ont. They also have a location in Niagara Falls, N.Y. She tried applying to the U.S. location a last month. But finding work in the tourist industry in Niagara Falls in November is a tall order. Let alone, Niagara Falls, N.Y.

When it looks like there's action on my file, I'll ask her to initiate her transfer down to Orlando. Failing that, I'll send her down and ask her to take any job she can find. I'll book an AirBNB for a month or two and we can meet in Montreal when my interview date comes up. We'll end up paying more than she earns, but hopefully that will make our consular friends happy.

I booked a four-week vacation block starting May 27. I'm hoping not to have to return!

Anyway, thanks again all.

I wouldn't count on it for May, but stranger things have happened

[pushbrk 12,115]

Read the I-864 Instructions. The equity in a current resident can be used as an asset for the I-864.

It can be listed, but because it is not considered liquid, it will not assist in actually qualifying as sponsor.

It's like the question, "Can I apply for a visitor visa during the spouse visa process?". Of course the answer is yes, you can "apply" but the manual Consular Officers use to make decisions on such applications, still forbids issuing non-immigrant visas to people with immigrant intent. There are exceptions in very unique and special circumstances, but for all intents and purposes, the visa will be denied.

The same goes for listing equity in a sponsor's current residence on the I-864. If you're going to list and document assets in real property, it is correct to SHOW the equity in the current home, but only the other actual "liquid assets" as defined clearly in the part of the I-864 instructions you haven't studied or are disregarding, will be considered in the actual "public charge" decision by Consular or USCIS officers.

Cherry picking instructions out of context is not helpful. It's harmful.

See anonymous quote in my signature block. :-)

Edited December 18, 2016 by pushbrk