Need Help with My Situation in Canada (merged)

[Sonata Arctica 2]

Hello everyone. This is my first post and I have joined here in the hopes of getting answers to some specific questions, which I am sure will help many others. I have searched and gone through various forums and threads, and have not found the answers that are specific to my situation. I hope that the people on here will be able to guide me. Following is a short description of our situation:

My wife is an American Citizen (by brith), and I am a Canadian Citizen. She moved to Canada in 2014 to be with me and we got married and have been living here ever since. We have recently decided that we want to move to the US. And to this end, she just applied to sponsor me. We submitted the I-130 and it seems to have been received at the Chicago lockbox.

From what I have read, there is no set timeframe for petition approvals and no one seems to have any guides on what all to file with the I-130. So we submitted all her and my identity documents, proof of marriage, and supporting evidence that this is a bona fide marriage. We also sent a bank draft made by Royal Bank of Canada and drawn on JP Morgan Chase Bank. So all is well until now.

Now that that is done, we are waiting to hear back from USCIS about the petition receipt and then the approval (whenever that happens). My questions are as follows:

1. At what stage do we need to submit an I-864?
2. She and I, we both work in Canada, and do not have jobs in the US. She has filed her US taxes, though, by showing that she only has foreign (Canadian) income. Is it true that she cannot use that income on I-864, since when we move, she will not have that job anymore? Or will the Canadian income shown on the IRS transcript for 2017 be enough?
3. If she cannot be the sponsor for support (I-864), can her mom or dad or both do that? If yes, what are the requirements for them? We are going to be living with them, and they have themselves offered to us that we can stay with them. Do they both have to file an I-864 or just one of them? How do we decide which one should be? Since my wife's mom and dad (both are American Citizens living in the US) are the only ones in their household, what income number should we use to calculate the 125% of poverty line - is it 2 people in the household or 3 or 4 (when my wife and I are also there)?
4. How is CASH treated for income? If all our assets in cash, does the cash also need to be 3 times the difference between her income and the 125% of poverty line? It doesnt make sense, because cash is cash.
5. Let's assume she needs to have $22000 USD to be at 125% of poverty line and her income is $20,000. The difference is $2000. But she has $2000 cash readily available and accessible to her. Will that be enough or does she need $6000 cash to qualify for $22,000?

We are at our wit's end because no one seems to have answers to these. If someone can help, we will greatly appreciate it.

Thanks for reading and we look forward to learning and sharing our knowledge as well.

Munib

Edited January 7, 2018 by Penguin_ie

[canadian_wife 1,791]

Good morning,

 

The majority of your questions, especially with respect to the financial requirements, can be found by reading the instructions for each petition and form.  They are thoroughly helpful and will answer questions you didn't even know you had.

 

In the mean time, I would move on over to the Canada forum and begin looking at Canadians specific questions to re-establishing domicile in the U.S. Montreal is very strict on this.

 

Good luck. 

[Sonata Arctica 2]

Thanks for your reply. Please do explain your comment about Montreal being very strict. On what?

 

I was searching but didnt find much in relation to the financials. Proving domicile shouldnt be an issue, since my wife still has her mailing address for her US credit cards in the States, and we have a joint US bank account. Plus, her parents have given to us in writing that we can and will stay with them.

 

My questions relate to I-864, and there is no info available on how hard cash in a bank account treated - does it count dollar for dollar or does it still need to be 3 times the difference between income and 125% of Poverty line?

 

If you do not wish to write an answer, please point me to the thread/section where the answers can be found. I tried but didnt find much.

 

Thanks.

[Boiler 43,683]

Agree you seem to have Domicile issues.

[canadian_wife 1,791]

Good morning,

 

Here is the link for the Canada forum, and here is the link for the domicile thread, and I do want to reply, which is why I did. 

 

Good luck

[Sonata Arctica 2]

3 minutes ago, Boiler said:

Agree you seem to have Domicile issues.

How so?

[Boiler 43,683]

Just now, Sonata Arctica said:

How so?

You do not seem to meet the requirements of the US Consulate you are dealing with.

[Sonata Arctica 2]

2 minutes ago, canadian_wife said:

Good morning,

 

Here is the link for the Canada forum, and here is the link for the domicile thread, and I do want to reply, which is why I did. 

 

Good luck

Thank you :). I didnt mean to offend you in any way and if I have, I am sorry.

 

If you read my questions, they are not related to domicile issues or Canadian-spspecific issues. My questions are mostly related to financial support.

Just now, Boiler said:

You do not seem to meet the requirements of the US Consulate you are dealing with.

You mean Montreal? What are THEIR requirements? My wife is the American Citizen and she is moving back with me to her home in the US. I dont get it. Please help me understand.

[Boiler 43,683]

Have a read of the I 864.

[Sonata Arctica 2]

Just now, Boiler said:

Have a read of the I 864.

I did. Many times. She intends IN GOOD FAITH to return to the US. And the thread on the I-864 that everyone seems to be quoting, suggests that having evidence on the residence there (parents), bank accounts in the US, bills, in the US, taxes filed every year, are proof enough to maintaining ties.

 

Where am I going wrong here? Please guide.

[canadian_wife 1,791]

Montreal, the consulate you will be going through, is very strict on U.S. citizens who intend to return to the U.S..  "In good faith" is not enough for the Montreal consulate.

 

Please go to those links I submitted and perhaps post in the Canada forum.  Your questions really are Canadian specific.

 

Good luck 

[Sonata Arctica 2]

Hello everyone. This is my first post and I have joined here in the hopes of getting answers to some specific questions, which I am sure will help many others. I have searched and gone through various forums and threads, and have not found the answers that are specific to my situation. I hope that the people on here will be able to guide me. Following is a short description of our situation:

My wife is an American Citizen (by brith), and I am a Canadian Citizen. She moved to Canada in 2014 to be with me and we got married and have been living here ever since. We have recently decided that we want to move to the US. And to this end, she just applied to sponsor me. We submitted the I-130 and it seems to have been received at the Chicago lockbox.

From what I have read, there is no set timeframe for petition approvals and no one seems to have any guides on what all to file with the I-130. So we submitted all her and my identity documents, proof of marriage, and supporting evidence that this is a bona fide marriage. We also sent a bank draft made by Royal Bank of Canada and drawn on JP Morgan Chase Bank. So all is well until now.

Now that that is done, we are waiting to hear back from USCIS about the petition receipt and then the approval (whenever that happens). My questions are as follows:

1. At what stage do we need to submit an I-864?
2. She and I, we both work in Canada, and do not have jobs in the US. She has filed her US taxes, though, by showing that she only has foreign (Canadian) income. Is it true that she cannot use that income on I-864, since when we move, she will not have that job anymore? Or will the Canadian income shown on the IRS transcript for 2017 be enough?
3. If she cannot be the sponsor for support (I-864), can her mom or dad or both do that? If yes, what are the requirements for them? We are going to be living with them, and they have themselves offered to us that we can stay with them. Do they both have to file an I-864 or just one of them? How do we decide which one should be? Since my wife's mom and dad (both are American Citizens living in the US) are the only ones in their household, what income number should we use to calculate the 125% of poverty line - is it 2 people in the household or 4 (when my wife and I are also there)?
4. How is CASH treated for income? If all our assets in cash, does the cash also need to be 3 times the difference between her income and the 125% of poverty line? It doesnt make sense, because cash is cash.
5. Let's assume she needs to have $22000 USD to be at 125% of poverty line and her income is $20,000. The difference is $2000. But she has $2000 cash readily available and accessible to her. Will that be enough or does she need $6000 cash to qualify for $22,000?

6. What else can be done to prove her domicile, in addition to the following steps:

a. We have a joint bank account in an American Bank, in which we put money every month - we can have statements for a few months showing that

b. Her parents have written to us that we will be living with them. They have extra property that we will be residing in

c. She has filed taxes for every year with the IRS and can get transcripts for the past few years. Mailing address is in the US.

d. She is going to continue to do job searches and applying for jobs in the US in the area where we will be living

e. We can get a moving quote when the time comes, but WHEN should we do that?

f. Her mailing address for all her US credit cards and IRS is at her home in the US (parents)

g. We will be selling our household stuff on kijiji before moving...could this be used as proof?

 

We are at our wit's end because no one seems to have answers to these. If someone can help, we will greatly appreciate it.

Thanks for reading and we look forward to learning and sharing our knowledge as well.

Munib

[payxibka 10,044]

19 minutes ago, Sonata Arctica said:

Hello everyone. This is my first post and I have joined here in the hopes of getting answers to some specific questions, which I am sure will help many others. I have searched and gone through various forums and threads, and have not found the answers that are specific to my situation. I hope that the people on here will be able to guide me. Following is a short description of our situation:

My wife is an American Citizen (by brith), and I am a Canadian Citizen. She moved to Canada in 2014 to be with me and we got married and have been living here ever since. We have recently decided that we want to move to the US. And to this end, she just applied to sponsor me. We submitted the I-130 and it seems to have been received at the Chicago lockbox.

From what I have read, there is no set timeframe for petition approvals and no one seems to have any guides on what all to file with the I-130. So we submitted all her and my identity documents, proof of marriage, and supporting evidence that this is a bona fide marriage. We also sent a bank draft made by Royal Bank of Canada and drawn on JP Morgan Chase Bank. So all is well until now.

Now that that is done, we are waiting to hear back from USCIS about the petition receipt and then the approval (whenever that happens). My questions are as follows:

1. At what stage do we need to submit an I-864?
2. She and I, we both work in Canada, and do not have jobs in the US. She has filed her US taxes, though, by showing that she only has foreign (Canadian) income. Is it true that she cannot use that income on I-864, since when we move, she will not have that job anymore? Or will the Canadian income shown on the IRS transcript for 2017 be enough?
3. If she cannot be the sponsor for support (I-864), can her mom or dad or both do that? If yes, what are the requirements for them? We are going to be living with them, and they have themselves offered to us that we can stay with them. Do they both have to file an I-864 or just one of them? How do we decide which one should be? Since my wife's mom and dad (both are American Citizens living in the US) are the only ones in their household, what income number should we use to calculate the 125% of poverty line - is it 2 people in the household or 4 (when my wife and I are also there)?
4. How is CASH treated for income? If all our assets in cash, does the cash also need to be 3 times the difference between her income and the 125% of poverty line? It doesnt make sense, because cash is cash.
5. Let's assume she needs to have $22000 USD to be at 125% of poverty line and her income is $20,000. The difference is $2000. But she has $2000 cash readily available and accessible to her. Will that be enough or does she need $6000 cash to qualify for $22,000?

6. What else can be done to prove her domicile, in addition to the following steps:

a. We have a joint bank account in an American Bank, in which we put money every month - we can have statements for a few months showing that

b. Her parents have written to us that we will be living with them. They have extra property that we will be residing in

c. She has filed taxes for every year with the IRS and can get transcripts for the past few years. Mailing address is in the US.

d. She is going to continue to do job searches and applying for jobs in the US in the area where we will be living

e. We can get a moving quote when the time comes, but WHEN should we do that?

f. Her mailing address for all her US credit cards and IRS is at her home in the US (parents)

g. We will be selling our household stuff on kijiji before moving...could this be used as proof?

 

We are at our wit's end because no one seems to have answers to these. If someone can help, we will greatly appreciate it.

Thanks for reading and we look forward to learning and sharing our knowledge as well.

Munib

1) After petition approval and the file has been sent to NVC

2) Support needs to be continuing income, a job in Canada will not be continuing

3)Yes

4) Cash is cash but it is an asset so it is treated the same

5) Any shortfall to be made up in assets is done using the multiplier

 

[Penguin_ie 5,986]

**** two threads merged.  PLease only post once on an issue/ question; if you want a thrad moved, "report" it and we can move it, rather than starting another one. *****

[Sonata Arctica 2]

7 minutes ago, Penguin_ie said:

**** two threads merged.  PLease only post once on an issue/ question; if you want a thrad moved, "report" it and we can move it, rather than starting another one. *****

Thanks. I wasnt sure how to do it.

 

10 minutes ago, payxibka said:

1) After petition approval and the file has been sent to NVC

2) Support needs to be continuing income, a job in Canada will not be continuing

3)Yes

4) Cash is cash but it is an asset so it is treated the same

5) Any shortfall to be made up in assets is done using the multiplier

 

Thanks. A few more questions:

 

1. Can her mom be a joint sponsor and use her dad's income as well since they both live together in the US?

2. What household family size does my mother-in-law need to use to do the calculation?

3. So cash, even though it is the same as income (which is counted on its own without the multiplier) needs to be multiplied to offset the difference? I dont get it.

4. Other than what my wife has already one, what else can she do to show re-establishment of domicile?

5. How can a job offer letter be obtained before the interview, when one doesnt even know how long it takes to complete the process after the interview? Assume the interview is in December in Montreal. Does she need to have a job offer letter before the interview or by the time we move? And who is to say when the move is going to be after the interview? I dont know what employers would give you an offer letter for a job that is a few months into the future.