Unemployed, living abroad. Need help with I-864.

[ashleberry 0]

We will have a joint sponsor if necessary!

How do we fill out I-864 if sponsor is unemployed and spouse (beneficiary) makes income that will not continue once we move to the US? We are living in Canada and have already submitted I-130.

1. Are spouses' assets able to be used if they are the beneficiary?

2. We already have a joint sponsor set up, but when looking at the form, I am confused about Part 7 specifically. Do I enter the joint sponsors information in Part 6 and then skip Part 7 (Use of assets to supplement)? Part 7 says if your income or total household income meets requirement, then skip this part. I am unable to use my household income though, correct? Based on the requirements for I-864A, we can't use his income due to the fact that it won't continue once he gains PR status.

 

3. In this scenario, is the joint sponsors' income considered my household income for Part 6 and I just skip Part 7 because it's not applicable?

If I can use the household income (Canadian income from beneficiary), then I wouldn't need a joint sponsor.

[OldUser 10,205]

Assets not needed if you have a qualifying joint sponsor.

 

Assets are routinely ignored.

 

Here's few examples on Visa Journey:

 

 

 

 

Edited Wednesday at 02:03 PM by OldUser

[carmel34 3,750]

Joint sponsor is the best path forward in your case.  Also do research on establishing US domicile for the US citizen petitioner as Montreal is VERY strict on that requirement at the visa interview.  You may have to return to the US before your spouse's interview to satisfy this.  Good luck!

[ashleberry 0]

1 hour ago, carmel34 said:

Joint sponsor is the best path forward in your case.  Also do research on establishing US domicile for the US citizen petitioner as Montreal is VERY strict on that requirement at the visa interview.  You may have to return to the US before your spouse's interview to satisfy this.  Good luck!

Thanks! And yeah, I have been doing a bunch of research on establishing domicile. That’s the other thing that’s scaring me. I got input from a lawyer a few months back, but I wanna get another opinion. Based on everything I read from the US gov, I am able to move back at the same time as my spouse once he has all of his paperwork. Not sure how the timing will work with getting a job and renting a place, but hopefully speaking to a lawyer can clear that up a bit. 

[Lil bear 4,596]

58 minutes ago, ashleberry said:

Thanks! And yeah, I have been doing a bunch of research on establishing domicile. That’s the other thing that’s scaring me. I got input from a lawyer a few months back, but I wanna get another opinion. Based on everything I read from the US gov, I am able to move back at the same time as my spouse once he has all of his paperwork. Not sure how the timing will work with getting a job and renting a place, but hopefully speaking to a lawyer can clear that up a bit. 

Technically yes but each consulate has some specifics they are looking for. In MTL, many applicants for a spousal visa have presented with lots of documents demonstrating the petitioners intent to relocate , only to be told to send in documents that demonstrate that the US spouse HAS established domicile ( ie is living in the US) and only then  they will approve the visa. Hence the members info as above. No lawyer needed. 

 

[ashleberry 0]

1 hour ago, Lil bear said:

Technically yes but each consulate has some specifics they are looking for. In MTL, many applicants for a spousal visa have presented with lots of documents demonstrating the petitioners intent to relocate , only to be told to send in documents that demonstrate that the US spouse HAS established domicile ( ie is living in the US) and only then  they will approve the visa. Hence the members info as above. No lawyer needed. 

 

Okay. Thanks for the info! I do have some things established already like my bank account, billing address, and I will be moving my Canadian funds to my American account. Is there any specifics as far as where we move? I would like to move into my mother’s house, which is my billing address, and we will pay her every month for rent. That would be much more feasible than trying to find my own place at least for the initial move. Once we are down there, we definitely plan to find our own place as soon as we are financially able to. 

[OldUser 10,205]

@ashleberry register to vote at your US address.

 

[OldUser 10,205]

16 minutes ago, ashleberry said:

 I would like to move into my mother’s house, which is my billing address, and we will pay her every month for rent. 

Have rental agreement written so you can demonstrate it. Living with parents may not be ideal for relationship itself, but if it's short term, I guess it could work.

 

Good luck!

[pushbrk 13,683]

Start by becoming an A-Student of the I-864 instructions, then read every question carefully.  Your current income is going to be zero. This is very clear when you answer the actual question asked.  It asks about the current income "you are using to qualify....".  When you can't use your income to qualify because it won't continue, then you are "using" zero.

[Lil bear 4,596]

5 hours ago, ashleberry said:

Okay. Thanks for the info! I do have some things established already like my bank account, billing address, and I will be moving my Canadian funds to my American account. Is there any specifics as far as where we move? I would like to move into my mother’s house, which is my billing address, and we will pay her every month for rent. That would be much more feasible than trying to find my own place at least for the initial move. Once we are down there, we definitely plan to find our own place as soon as we are financially able to. 

Montreal will want to know that you are actually living at the US address. So .. documents that verify current residency there .. drivers licence, car insurance etc which predate the interview date