Bouhaliya

I do believe you have to prove that you will return to the US on the day he does or before, no?

Are you intending on doing that? I think your student visa might have worked against you because it seems that you can't leave now. When were you intending on going back?

You could be right. I'm nearing the end of my studies, and I have a letter from the head of my department stating my thesis should be completed by late spring/early summer. My student visa actually expires in August, so I tried my best to emphasize in my new letter that I have to leave no later than August, and it will likely be much earlier. I just hope they'll accept it. It's so hard to get the timing right, it'd be nice if they could cut us a little slack about not having an exact timeline. (Wishful thinking?)

So sorry about the denial! When I was reading the Canada thread on this, an offer of employment seems to hold a lot of sway. Not sure if you have anything lined up, but maybe even job applications you and your hubby have submitted may help?

Thanks. Unfortunately, neither of us have work lined up yet. I hesitate to show them the applications my husband has been filling out in the US because I don't know if that'll ultimately work against us. Anyways, I've tried adding a few documents that show more concretely that we're not planning on staying here after the summer, so I hope that'll be enough!

This is an area I'm really worried about too since my husband has lived in Canada all his life until this past January. To clarify, your husband brought all those documents with him to the interview and was still denied? Or you had these documents, but he did not bring them to the interview? If you don't mind me asking, are you (the USC) living in Canada still? Thanks!

Yes, I'm the USC. I actually just made a post about our case (http://www.visajourney.com/forums/topic/417122-further-proof-of-domicile/)

It kind of better explains our situation and what we did. It really does seem like it's a case-by-case thing, but if if you guys read through some of the threads, you might be able to get an idea of how you can avoid our fate! (lol, I know, I'm being a bit dramatic.... I'm still pissed!)

FWIW, my husband said it seemed as though they had already known they were going to deny us on these grounds before he even showed up, but I guess we can't exactly prove that. I'd recommend going above and beyond what you think you have to do to establish domicile because they obviously accepted our initial evidence (as in, they didn't ask for more proof) but still turned us away in the end!

So my husband had his interview at the Montreal consulate today. We got there early, got a good spot in line and were really feeling good about our case. I actually had to leave because SOMEone accidentally left his iPod in his coat... *coughbadhusbandcough* But when we met up later, husband tells me our case was denied because of insufficient proof of domicile in the US.

Here's our deal:

I'm a grad student. I moved to Canada for school and to be with my then-boyfriend/now-husband. I should be graduating by the end of this spring, and I have no other status here in Canada, so, in effect, I have to leave by August.

He's a Canadian PR, and he was a postdoctoral researcher at a University. His contract actually officially ended today, so he is now unemployed and ready to move as soon as we're given the green light.

With our application material, I already submitted:

1. Copy of a valid state driver's license (showing my parent's address as it's still my "permanent" address)

2. Copy of voter registration for my county

3. Copies of letters from my department and the contract from his employer showing intended/actual end dates.

4. Copies of statements from US bank accounts

5. Proof of ownership of a house in the US. (Of the house, the woman interviewing my husband apparently said that owning a house is "weak proof" of intent to take up residency.... but if that's not sufficient proof, then what is???)

We don't have kids. I really couldn't have anticipated needing to provide anything else. I've been browsing threads, and the only things I can think of to add are:

- moving van quotes

- a "lease" issued by my grandma (who is, long story short, also partial owner of the house) stating that we are, in fact, actually going to be residing in the house that we own

- a copy of a non-renewal of lease notice, signed by our current landlord in Canada

Am I missing something here, guys???

Yeah, Canada is really strict about proof of domicile. That's like the only thing Montreal is hard at. I'd suggest looking at this thread in the Canada regional forum: http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/ It's all about proving domicile and although it may have started years ago, it's still current and has some great information (hence why it's a pinned thread)!

Thanks Saylin. You're truly the Canadian VJ Fairy Godmother!

Oof, if only we'd had this this morning! The Mister went to the Montreal consulate for his interview and was DENIED due to lack of evidence establishing domicile in the US (never mind I showed bank records, voter registration, valid license, letters from his work/my school indicating end dates, proof of ownership of a HOUSE in the States! Oy...oy oy oy...) I had no idea they took this domicile thing so seriously, otherwise I would have really gone all out to make sure we had our bases covered. Fingers crossed we get it right next time!

Neither you or any other US citizen is being sponsored. You are not being sponsored and you are NOT part of your grandmother's household. If her own household is three, then it's 3 plus your foreign spouse. This begs another question though. Who are the other two members of grandmother's household and how are they related? This is critical to how she prepares the form and to whether one or more of the other family members needs to provide an I-864a.

The other two members of her household are my grandfather (over whom she has Power of Attorney), and my uncle's wife whom she sponsored about 5-6 years ago. The situation with my grandfather I guess could complicate things, but I assumed POA would make it so that only she needed to fill out the form.

Actually the A is only for household members combining income. Yes, Grandmother needs to provide an I-864, not I-864a.

You're being incredibly helpful, so I'm going to ask one more clarifying question of you if you don't mind. [Or if anyone else sees this and can confirm this for me, that'd be great too!]

Just to make sure everything is clear, grandma is sponsoring myself and my husband (the intending immigrant).

Grandma meets the minimum income requirement to support our household of 2, as well as her own (3 + us, so 5).

I am also providing financial proof of a house (an asset) that my husband and I jointly own in the US, the appraised value of which meets the minimum requirement for our household of 2.

However, I'm having grandma jointly sponsor because it can't hurt, especially since the bulk of her income are in savings and investment accounts and can be accessed more readily than ours.

Even though we're both contributing income/assets as sponsors, because we will not live together, we will only have to fill out the I-864 each (as sponsor and joint-sponsor), and do not need to fill out the I-864A. Is this correct?

[Redacted, reformulating final question in separate response!]

You don't need any further financial documentation for the interview unless something is out of date. Only the affidavits of support themselves need to be originals with original signatures. Those go (or went) to NVC before an interview is scheduled.

Perfect, thank you!

Although, I just realized something as I was reading through other threads.

My grandmother does not, and will not live with us after we move to the US. My research seems to indicate that the I-864A is only for joint-sponsors who are also household members. Is this correct? In which case, do we only need to fill out the I-864 for her? (The wording on these forms is so durn confusing!)

Hi everyone,

My grandmother is serving as our joint-sponsor, and we've already collected her scanned tax transcripts/proof of assets and filled out the I-864/I-864A. I'm wondering if we will eventually need the originals of her tax transcripts/proof of assets documents for our interview in Montreal. I love my grandma dearly, but it takes her a while to do things, so it'd be nice to know if this is required of us/her ahead of time so we can give her plenty of time!

Thanks!

Since you opted into the EP program, you'll be emailing the IV package, exactly like the AOS package. Same email address. You'll then bring the originals to the interview where they'll take them from you for a bit, review them, then return them to you after a successful interview.

This is exactly what I needed to know! Thank you so much! Also, I just saw the Montreal wiki you prepared. SO helpful, I can't believe I didn't find it earlier!

on all them website thingies yer reading?

toss em, concentrate instead on / at:

http://www.visajourney.com/wiki/index.php/NVC_for_Montreal_Beneficiaries_–_Electronic_Processing_and_New_Online_Forms

Incredibly helpful, thanks for pointing us in the right direction!

Hi everyone,

We have a question about how and when we are to submit our supporting civil documents (birth certificates, passport copies, police clearances, marriage certificate, ID photos, etc.). For what it's worth, we're working through the US Consulate in Montreal...

Here is where we're at so far:

NVC case number assigned

Affidavit of Support (AOS) invoice received, OPTIN email for Email Processing sent and accepted

Paid AOS bill

Emailed AOS package to NVCElectronic@state.gov

Immigration Visa (IV) bill invoiced

Paid IV bill

Completed IV and ALIEN REGISTRATION (DS-260) online

At this point we have gathered all our civil documents and we have the capability to scan them.

What I'm wondering is if we are supposed to:

1. Either email (and if so, to what email address?) scanned copies of all our civil documents now that our DS-260 has been submitted, or

2. Mail originals or certified copies of these documents (if so, to what address... the Montreal consulate?)?

If anyone could point us in the right direction, we'd greatly appreciate it!

(P.S. I'm sorry if this is a silly question, it's just that we have to navigate so many websites to find what little concrete information we can, and I'm really hesitant to part with original copies of our marriage and birth certificates if it's not necessary.)

Also, it might be pertinent to add that my husband is currently applying for Canadian citizenship. He does not plan on joining me in the US until his citizenship is approved, which may be as late as summer/fall 2013. I don't know if this will be helpful information to offer during his interview, or if we should avoid mentioning it (unless directly asked, of course).

Hi everyone,

I'm a US citizen, living in Canada with my Tunisian husband, who is also a permanent resident of Canada.

I'm currently in the process of sponsoring my husband for a CR-1 visa to immigrate to the US. We're early on in the application process and don't expect for him to be able to move with me to the US until spring 2013. With that being said, I'm bringing him to meet my family for the first time this summer and we need to get him a B2 visa. Of course, we indicated that he's being sponsored for an immigrant visa on our B2 application. But I imagine during his interview they're going to want to see some additional "proofs" from him to make sure that he won't be using the visitor visa to illegally live in the US before his greed card comes through.

SO, what I'm wondering is what should he bring to satisfy the embassy that he really is just coming to visit this summer? He's currently doing a postdoctoral fellowship that will employ him through February 2013, so I've told him he should bring whatever documents he has showing that he has ties here in Canada. He's also bringing bank statements showing 1) that he's on University payroll (confirming his work status here) and 2) that he has the funds to visit the US.

Other than that, I can't think of anything else he can bring that will prove that he has ties here. Anyone else been in a similar situation, and can anyone think of anything else we should bring to his interview on Friday? Also, do y'all think he should bring copies of official correspondences we've received from his CR-1 application (mainly, the NOA1)?

Many thanks in advance!

Yes, it is possible. My wife was successful. The most important thing is to be able to document strong ties to the beneficiary's home country.

Hi,

I just posted a similar question not long ago... what kinds of proofs do you need to supply? My husband is bringing his fellowship contract (showing he's employed at his university through February 2013) as well as pay stubs. Do you think that will be enough?

Many thanks,

B

Hi everyone,

I'm a US citizen, living in Canada with my Tunisian husband, who is also a permanent resident of Canada.

I'm currently in the process of sponsoring my husband for a CR-1 visa to immigrate to the US. We're early on in the application process and don't expect for him to be able to move with me to the US until spring 2013. With that being said, I'm bringing him to meet my family for the first time this summer and we need to get him a B2 visa. Of course, we indicated that he's being sponsored for an immigrant visa on our B2 application. But I imagine during his interview they're going to want to see some additional "proofs" from him to make sure that he won't be using the visitor visa to illegally live in the US before his greed card comes through.

SO, what I'm wondering is what should he bring to satisfy the embassy that he really is just coming to visit this summer? He's currently doing a postdoctoral fellowship that will employ him through February 2013, so I've told him he should bring whatever documents he has showing that he has ties here in Canada. He's also bringing bank statements showing 1) that he's on University payroll (confirming his work status here) and 2) that he has the funds to visit the US.

Other than that, I can't think of anything else he can bring that will prove that he has ties here. Anyone else been in a similar situation, and can anyone think of anything else we should bring to his interview on Friday? Also, do y'all think he should bring copies of official correspondences we've received from his CR-1 application (mainly, the NOA1)?

Many thanks in advance!

My wife just filed 3 yrs worth of tax returns because she has not filed since 2007. She is the usc, but we have lived here in Canada and been married for almost 19yrs We felt the same way as it seems pointless to file when we have no US income, no w2's and cannot claim any deductions even though we have 3 kids. She had only ever filed in 2007 because of some sort of Obama rebate she got. We don't owe any US taxes, and have always done our Canadian taxes. So hopefully we can get transcripts to send in soon. We were glad to just do them and get them out of the way.

Interesting. How long ago did she send them in (and when do you expect them back?) How did you/she go about beginning the process? Did you have to file by hand, or were you able to use a software? Or were you able to find US tax specialists (I'm in Canada too, so if that's an option, it might be worth investigating!)?

So many questions!

Good for you guys, though, getting all your tax ducks in a row! Fingers crossed it goes smoothly!

Unless he lives with you for more than 6 months file as Single!! Just had my taxes done 2 weeks ago and this is what H&R said

Ah, alas! We've been living together for nearly 2 and a half years! But I've been reading a bit and I'm pretty sure that I have sound evidence to prove that I'm just a poor graduate student and that the IRS has nothing to gain from me!

Thanks for the reassurance. I think at this point, it'd be more hassle than it's worth to back file (that is, unless anyone can speak from experience to the contrary!).

Do you (or anyone else reading) happen to know how I approach this with the I-864? I know they request copies of tax returns for the last three years. Obviously, if I didn't file, I don't have those...

So, in that case, the I-864 states:

If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it.

Ok, so "evidence" would be... what? Pay stubs from my university since 2010? My husband's pay stubs to show that he earned more than me, and therefore he was the one supporting us financially while residing abroad? Further internet reading says that I may or may not have to provide a letter (statement of non-filing?) from the IRS confirming that I'm exempt (under IRS Tax Code, Title 26, if I'm reading correctly?)??? Ack, I feel like the more I read on the matter, the deeper I fall into the rabbit hole!

Anyways, sorry to dump all these questions onto this forum! I've always been confused by taxes and the like, and so this certainly isn't helping my anxiety over the I-864! Please, someone reassure me that this is manageable and it will go down without a hitch!

Found this: http://www.visajourney.com/forums/topic/282809-irs-filing-i-864no-return-filed-last-year/

Thought I'd share in case there are others in the same situation.

So, to summarize my findings (and please, anyone feel free to jump in here to add to/correct what I've found):

• If you did not file because you didn't make enough, as per the I-864's instructions, you have to write a letter explaining why you did not file.
  
• This letter should specifically reference the tax code under which you are exempt. My internet research has turned up the following (found at http://forum.diveintoamerica.com/archive/index.php?t-3607.html):
  
  1. Title 26, 6013(a)(1) states that married US Citizens with non-resident alien spouses will not be eligible to file a joint return. As a result, if required to file a return, they must file separately as as if they were an unmarried individual.
     
  2. Title 26, 1(d) provides married individuals with the election to file separately. Those filing separate returns will have certain rules regarding unmarried individuals applied to them, including...
     
  3. Title 26, 6012(a)(1)(A)(i), which states that individuals earning less than the exemption plus standard deduction are not required to file income tax returns.
     

  [*] You can also opt to "cover your bases" by requesting a Verification of Nonfiling (form 4506-T, found here http://www.irs.gov/p...-pdf/f4506t.pdf) from the IRS. This is not concrete proof that you did not need to file (so you will still need to show evidence that you are indeed exempt under Title 26), but it is further documentation that you can show the immigration officials that you did not file.

  [*] And here I'm just conjecturing, but to really play it safe, you should also provide whatever financial "proofs" you have that you are exempt under Title 26 (i.e. pay stubs, or tax returns from your resident country abroad, etc.).

Whew! So what do you guys think? Does that sound about right?

irs guidelines say you are not required to file if your income is under 9600 for single and like 12 grand for HoH goes for domestic and expat filers

you can if you want to but you dont "have to"

Thanks for the reassurance. I think at this point, it'd be more hassle than it's worth to back file (that is, unless anyone can speak from experience to the contrary!).

Do you (or anyone else reading) happen to know how I approach this with the I-864? I know they request copies of tax returns for the last three years. Obviously, if I didn't file, I don't have those...

So, in that case, the I-864 states:

If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it.

Ok, so "evidence" would be... what? Pay stubs from my university since 2010? My husband's pay stubs to show that he earned more than me, and therefore he was the one supporting us financially while residing abroad? Further internet reading says that I may or may not have to provide a letter (statement of non-filing?) from the IRS confirming that I'm exempt (under IRS Tax Code, Title 26, if I'm reading correctly?)??? Ack, I feel like the more I read on the matter, the deeper I fall into the rabbit hole!

Anyways, sorry to dump all these questions onto this forum! I've always been confused by taxes and the like, and so this certainly isn't helping my anxiety over the I-864! Please, someone reassure me that this is manageable and it will go down without a hitch!

Hi y'all!

The tax question downthread (http://www.visajourney.com/forums/topic/292839-2009-tax-return-married-but-may-file-single-please-help/page__st__15__gopid__5133415#entry5133415) has raised a few questions of my own.

I actually have not filed for taxes since 2009, the year I left the US. I got married in Jan. 2010, which is also the same month I started school. I've been a full-time student in Canada, and what little income I've made here has been between $0 and $8,000/year (the $8000 only being from this year as I had a particularly "lucrative" year!). I don't have any dependents, and I don't own any assets back in the US (the one asset that I do technically own a share of is also co-owned by my grandparents, and they pay taxes on that). So I just didn't bother to file.

I've already been thinking about filing back taxes in case this decides to complicate things for us during the I-864. But, as Carlos' Wife points out, this raises questions over how to file. The best advice seemed to be to file as HOH and to file by hand, so that's probably what I'll do, but I also know that I won't owe anything, so is it really necessary to file at all?

Please advise

I am married and we are currently waiting for our case to be closed at the national visa center. I always file my taxes online with turbo tax...however, it looks like in order to file online with turbo tax (even for "married filing separately) I need to put in a social security number or tax i.d. number for my husband (who does not reside in the united states).

I called the IRS and they said I had to include the W-7 form with my taxes filled out (by hand) in order to receive a tax i.d. number for my husband. I am not planning to claim his income on my taxes.

I was wondering if I should just FILE SINGLE for my taxes due this year????? Would this cause any problems in the future for us????

Please help.

Thank you!

... Thank you for asking this! I just finished doing my taxes with Turbo Tax and had plans to mail the forms in this week. I did the same thing (filing as single). Seems like the overwhelming response is Don't Do This! Guess i gotta go back and do it all over again...

You can't send that form in now, but you can "sign up for case updates" on the website, once you get your NOA1 and it will have the same effect.

z

Thank you! All that matters is that there's some way to request e-notifications!

Just wondering if anyone has done this. I recently submitted the I-130 packet and supporting documents, and I somehow missed the G-1145! I'm thinking of just sending it in an envelope with a cover letter explaining where it should go, but just wondering what the chances are that they'll accept it. Also, suggestions for what I should include in my cover letter so that I can help them place it with the right file? Both of our names? My SSN? When we mailed the package?

Thanks!

Hi everyone,

I'm a US citizen and I just sent off the I-130. My husband and I are trying to make this process go as quickly as possible because I'm hoping to start a job in September, and we'd like to avoid being separated for too long. In anticipation for the steps to come, we're getting as much of the supporting documents together as possible. So far so good, except that pesky I-864. I'm hoping someone can give me a bit more information about what will and will not be accepted for the I-864 so I can make the appropriate plans accordingly.

Back story: I'm a grad student here in Canada. I make very little money (less than $9,000/year). My husband is also a student here, but he's paid for his research, and has been the primary provider for our household. Off-topic, but relevant to the I-864, I've also not filed US taxes since I've been abroad (since 2009). I know this is irresponsible of me, but frankly, I haven't make enough to owe anything for state OR federal. Question 1: How badly is this going to complicate things for us? Should I go ahead and file back taxes, or are there other ways to "prove" that my income is negligible?

Anyways, in spite of the fact that I don't make anything, my husband is currently in a job that pays $34k/year, and furthermore, we have nearly $17k in various savings. Also, I just recently inherited property in the US that was appraised in 2008 at $188,000. I own half, so effectively, I have $94k. The paperwork hasn't gone through on it yet, but if needed, I can expedite this process and have the necessary proofs to show that this portion of the house is in my name. Question 2: At this point, could this be enough to satisfy that I can "support" us?

Finally, I know that if there is doubt as to whether or not there is sufficient evidence that I can support him that I can always find a co-sponsor. Unfortunately, I'm concerned that my parents can't fill this role for us, as they both work in non-profit jobs and are only paid enough to cover their basic expenses. I do have extended family that may qualify to help us, but I'd rather not involve them if it's not absolutely necessary. With that being said, Question 3 is: If the aforementioned assets that I own are not sufficient to show that I can support my husband, would it be possible for my husband's family to "lend" us money to go in a US savings account (thereby establishing further sources of savings) until all of our paperwork is through? My husband's family is considerably more well-off than anyone in my family, and they'd be happy to help us with the immigration process. Of course, this may not be the most truthful way to handle things, but the fact of the matter is that should we ever fall on hard times while living in the US, they would be able to help us financially.

Thanks for reading, and I look forward to your comments.