DQ’ed and IL received. Lawyer insists we don’t need a joint sponsor…

[CanManDan 1]

Hello everyone. First post so apologies if I didn’t follow steps.

Sponsor, my wife is living in Canada with me (beneficiary) since late 2023. We got DQ’ed in March. We submitted 2023 US tax returns for her and it was all accepted. She had made enough in the first half of the year. 

 

Now we are prepping for the interview in Montreal in October. My wife worked in Canada only for only 3 months that year and filed her 2024 US taxes and noted the foreign earned income. However, that income is lower than the required threshold. 

Our lawyer is saying she, the sponsor, can show her Canadian income from 2025 current year (she made more than enough to satisfy the threshold) by showing the paystubs, and an employment letter. But her employment will cease to exist when I, the beneficiary, gets approved. When we told this to our lawyer, the lawyer says they can use my (the beneficiary’s ) income as an additional income to satisfy. The thing is, I, the beneficiary, only have a contingent offer letter from my current employer (US employer but I am contracted through a middle party Canadian company, so I don’t technically work for the US employer yet until I am in US) that I will be starting with them after I am approved and get my spousal visa. 

So our lawyer is basically insisting that my spouse’s 2025 Canadian paystubs plus my, beneficiary’s, contingent offer letter from the US employer should be able to satisfy the consulate ?

 

We want to be safe and A) inform the consulate that we’re adding a joint sponsor and B) add documents for a joint sponsor ( my spouse’s father) under the additional information section in CEAC before the interview.

Thoughts ? Are we overthinking or wouldn’t having a joint sponsor documents be the safer option before the interview? 
 

Sorry for the long post but thanks in advance.
 

[mam521 2,662]

Montreal is a consulate that scrutinizes domicile and income.  I think you are smart to have a joint sponsor available and waiting, especially since your wife's income is ceasing once you move.  You are correct - the consulate is going to look at how the sponsor is going to look after you, the beneficiary. They care about how much money she's making in the moment that will prevent you from becoming a public ward and no income...yep, challenging.  Yeah, you guys have a plan, but as you're more than familiar, it's how the painting is painted with the same brush for everyone.  Joint sponsor = smart.  

 

Did she file her US taxes for 2023 as well as 2024 and 2025?  

 

I was in a similar boat - I was sponsored by my husband but returning to my job that I held in the US previously.  I would be making well above the threshold and could absolutely look after my family, but that didn't matter so much. What my husband made since he was my sponsor was what was important. 

[S2N 446]

You can try it the lawyer’s way and if it works you don’t need a joint sponsor. To be safe, you can have one lined up. If they think you need one, provide the joint sponsor’s I-864 at the consulate. If the consulate doesn’t ask for one, you can tear it up.

 

Avoiding having an actual joint sponsor is a priority for a lot of people, which is why the lawyer probably advised you the way he did.

[Crazy Cat 45,342]

29 minutes ago, CanManDan said:

So our lawyer is basically insisting that my spouse’s 2025 Canadian paystubs plus my, beneficiary’s, contingent offer letter from the US employer should be able to satisfy the consulate ?

Attorney is wrong.  Only sponsor income continuing after re-location to US can be used.  Your prospective income is borderline, imo.  Obtaining a well-qualified joint sponsor is a wise move. As @mam521 stated, Montreal is strict. 

 

Please be advised that current annual income (over the next 12 months) after re-location is king.  What was earned in previous years is of very little importance. 

Edited 2 hours ago by Crazy Cat

[CanManDan 1]

7 minutes ago, mam521 said:

Montreal is a consulate that scrutinizes domicile and income.  I think you are smart to have a joint sponsor available and waiting, especially since your wife's income is ceasing once you move.  You are correct - the consulate is going to look at how the sponsor is going to look after you, the beneficiary. They care about how much money she's making in the moment that will prevent you from becoming a public ward and no income...yep, challenging.  Yeah, you guys have a plan, but as you're more than familiar, it's how the painting is painted with the same brush for everyone.  Joint sponsor = smart.  

 

Did she file her US taxes for 2023 as well as 2024 and 2025?  

 

I was in a similar boat - I was sponsored by my husband but returning to my job that I held in the US previously.  I would be making well above the threshold and could absolutely look after my family, but that didn't matter so much. What my husband made since he was my sponsor was what was important. 

Thank you for your reply. I agree, everything I’ve heard since following others in the similar situation is saying the same, Montreal is pretty strict and having a joint sponsor would only help the case. I am not sure why my lawyer just doesn’t want to go that route. We really don’t want to go into AP and delay our case any further.

 

yes, my wife filed her 2023 taxes, where she physically worked. Her income from that year is what we had originally submitted and it was accepted by NVC and we got DQ’ed with it.

 

for 2024, she filed her US taxes but all her income was in Canada. So she submitted it as a foreign income. We will be attaching this as an additional document before the interview. This shows her income is not sufficient since she only worked 3 months that year.
 

for 2025, she is currently working in Canada again and can provide paystubs, employment letter, etc but yeah it’s all in Canada which is what we are worried as it is not a US income.

 

thanks again!

 

 

[CanManDan 1]

14 minutes ago, S2N said:

You can try it the lawyer’s way and if it works you don’t need a joint sponsor. To be safe, you can have one lined up. If they think you need one, provide the joint sponsor’s I-864 at the consulate. If the consulate doesn’t ask for one, you can tear it up.

 

Avoiding having an actual joint sponsor is a priority for a lot of people, which is why the lawyer probably advised you the way he did.

Would they not want to have the joint sponsor documents submitted before the interview? Would the officer review it on the spot? I feel like I might get a 221g and be asked to submit it on the website. 
 

 

[CanManDan 1]

14 minutes ago, Crazy Cat said:

Attorney is wrong.  Only sponsor income continuing after re-location to US can be used.  Your prospective income is borderline, imo.  Obtaining a well-qualified joint sponsor is a wise move. As @mam521 stated, Montreal is strict. 

 

Please be advised that current annual income (over the next 12 months) after re-location is king.  What was earned in previous years is of very little importance. 

Thank you for your response. This aligns with what everyone is saying.. except my lawyer lol.

 

we will get a joint sponsor documents submitted before the interview. With or without our lawyer’s approval.

[PGA 349]

2 minutes ago, CanManDan said:

Would they not want to have the joint sponsor documents submitted before the interview? Would the officer review it on the spot? I feel like I might get a 221g and be asked to submit it on the website. 
 

 

If you have a joint sponsor willing, then I recommend doing it in advance. If you have a reluctant but willing joint sponsor and try without one, then go to the interview, get the 221g (if they give you one) and submit the joint sponsor's information; realize though that this can add an additional 2-3 months or more. 

[Crazy Cat 45,342]

3 minutes ago, CanManDan said:

we will get a joint sponsor documents submitted before the interview.

Yep.  I would upload the joint sponsor documents prior.  Otherwise, the Consulate Officer can ask you to upload (it happens sometimes) after the interview.

[CanManDan 1]

31 minutes ago, mam521 said:

Montreal is a consulate that scrutinizes domicile and income.  

One more question on the domicile requirements. From your personal experience, what documents did you and you husband submit for proof?

 

we are thinking:

- wife’s 3 months of bank, investment, and car lease statements 

- US phone bill

- we will try to get her state license back before the interview 

- will be living with her parents for a bit so there won’t be any lease documents. Would a notarized letter from her parents stating we will be living with them help?

 

thank you again 

Edited 1 hour ago by CanManDan

[Crazy Cat 45,342]

Just now, CanManDan said:

Would a motorized letter from her parents stating we will be living with them help?

Yes.  Documentation of concrete steps toward actually residing in the US are important.  

[S2N 446]

10 minutes ago, Crazy Cat said:

Yep.  I would upload the joint sponsor documents prior.  Otherwise, the Consulate Officer can ask you to upload (it happens sometimes) after the interview.

Agreed with this. My comment was mainly if they wanted to avoid a joint sponsor. Some people do. If that’s not something they care about they can upload it before.

[Crazy Cat 45,342]

1 minute ago, S2N said:

Agreed with this. My comment was mainly if they wanted to avoid a joint sponsor. Some people do. If that’s not something they care about they can upload it before.

Yep.  You know how Montreal is.....LOL.