__caitlin

1) no. He is simply your joint sponsor.

2) yes each of you must sign a completed I-864.

3) proof of current income is also a good idea so pay stubs and/or letter from an employer

4) you should also submit anything that shows you make a current income

5) for a spouse it is 3x the money per the deficient. If you were trying to apply completely on assets you'd need $60000... So if you're $5000 short on income, you'd need $15000 in assets to make up the difference.

Ohh, thank you so much! Regarding #3 -- my joint sponsor is actually retired (although I'm sure he still meets the 125% poverty requirement). Is there anything else he can submit, then, besides tax returns?

Canadian citizens should be doing the DS-260 not the DS-230.

There are some major differences here:

1) They ask for the exact address of every place you've ever lived, no matter what the time frame.

2) only the last 5 visits to the USA need to be recorded

3) I'm not sure what the entry would be for this on the DS-260 - check Saylin's guide and you can also ask her since she was refused entry

4) no that's not needed, it's just for if you have an attorney or a visa service helping you.

http://www.visajourney.com/wiki/index.php/NVC_for_Montreal_Beneficiaries_%E2%80%93_Electronic_Processing_and_New_Online_Forms

Ohh, I see. I thought the DS-260 was only for those using the Montreal site? My husband lives near Toronto, so I thought he would be using the Toronto location. We still need to use the DS-260?

hey __caitlin - you two thinking to opt in for electronic processing, or just stick with the paper forms?

Hi -- I would love for electronic processing, yes. But I only JUST mailed out the I-130 package last weekend and am VERY new to this. At what point do I opt in for electronic processing and how?

I'm doing my best to read the guides but it can be confusing at times. Any instructions you guys can give would be amazing!

I'm a USC petitioning for my Canadian citizen husband and have some questions about the DS-230:

• #30 about places of residence: He's lived at the same address his entire life, with the exception of TWO places that he lived in for 3-4 months. The form says only to account for 6 months or more -- so how would I address these gaps?
  
• #35 previous visits to US: Being Canadian, he hasn't required a visa/etc. to visit the United States, and has visited many times over the past few years. If we can't remember/find records of all those visits, will it be okay?
  
• #42 refused entry: There was one time there was confusion about his employment. He was denied entry and asked to come back with pay stubs -- he did, and it hasn't been a problem for him to enter since then. If I just put "NEEDED TO PROVIDE PAY STUBS" in this section, is that okay?
  
• #44 assistance in completing application: If I, his wife, assisted him...do we need to list that?

Thank you!! Any and all help appreciated.

Hi,

I just recently mailed out my I-130 package and am trying to get a head start -- reading the guides, shortcuts, etc. -- on gathering the materials for the next stages. I have some questions about filling out the I-864.

I graduated from college last year and am currently a freelance writer. I do NOT make enough to fit the 125% poverty line requirement -- but I have a joint sponsor:

1. My joint sponsor is a family friend, NOT related to me -- is he included in my "household size"? Should I be entering his information anywhere in MY version of the I-864? If so, where?
2. Does my joint sponsor also have to fill out an I-864 of his own?
3. Does the joint sponsor need to submit anything besides copy of birth certificate and 3 years federal tax returns?
   
4. Also, I was a student for the past 3 tax years, obviously -- my most recent tax return is not going to reflect my current income. Will that be a problem? If so, what else should I do/submit?
   
5. Last question -- How are assets used in calculating income? Say, if I have a balance in a savings account of $5,000, how is that factored in?

Any help with these would be greatly appreciated. Thanks everyone!

Okay, I think I get it now. Thank you so much!

I understand the problems with working off the books, and am working towards (and encouraging others I know) to get out of that situation asap. But in terms of the past, it has already happened.

My sense (based on reading some of the other posts in past threads, such as the ones I quoted) was that it is better to be honest, even about off the books work, than to lie and say something like "unemployed." When the question comes up as to how the person supported themselves during, say, the 6-month gap of unemployment, it would be lying to say that they had absolutely no work when they did.

The past threads I read said that it's more important to be truthful about this (and it's more likely to be forgiven) than to not list it and try to hide it (which, if found out, may NOT be forgiven at all). Is that true?

Some of the threads I read were from around 2007. Have times changed, and it's actually more favorable to try to omit/lie about the off the books work?

So I take it the above posts I quoted are not accurate? But what about people who work jobs that have a high rate of off-the-books employment? Like the restaurant industry, or my friend works as a nanny -- and that's all off-the-books.

If I just put "unemployed" instead of listing the off-the-books gigs (a couple which range from 2 months to 5 months), is it going to pose a problem to explain those gaps?

Caveat: I know that it's illegal and that this is a problem...but it's also a problem that I know many people have, especially people in the industries I mentioned. What is the best way for us to approach this and fill out our G325A?

Addendum: I just read these two posts from this thread:

Since it is the foreigner who worked under the table, the income is not an issue. The G325a is biographical. No worries, because no employment or income verification is done on the foreigner.

and

No The US is not going to pursue her for taxes owed to a foreign country. They could not possibly care less.

Enter the information as has been described.

Is this true? So I should just go ahead and list my husband's off-the-books jobs as usual?

It's asking for his work history so they can do a proper background check on him.

Check and see if he's lying about anything.

The fact that he's unemployed is of no importance.

Thank you everyone. So I have another question.

Should off-the-books jobs not be listed then? He works in construction, and in the past has had a couple temporary gigs that were not "official," I guess -- they were paid in cash. I'm guessing we should leave these off, then, because it would be a problem with US immigration?

Hi all,

I'm a US citizen, and am currently trying to file for my Canadian spouse to come to America via the CR-1 process. I'm currently trying to assemble the I-130 package.

My spouse recently had troubles with his work and is currently unemployed -- but I want to send out the I-130 package quickly, and am not sure it'd be a good idea to wait until he finds a new job.

The thing is that on the G-325A, the biographical form, they ask for employment information. Is the fact that my spouse is unemployed at the time of the I-130 package going to be a detriment? What about if he were still unemployed at the time of the interview, etc.? Will this work against us?

Any and all advice is appreciated!

Thank you so much! That helps a lot.

I realize this is probably an obvious question, but I just want to be 100% sure.

My husband (who is a Canadian citizen) and I (a US citizen) are currently trying to go through the CR1 process for him to live in the United States. To my understanding, he's supposed to come out of this process as a green card resident as soon as he enters the US on his approved visa.

Will he then be able to travel back for visits to Canada, while living/working in the US under this status?

I want to make sure because I need to know to what extent he will be able to go back and visit his family members during his first couple years in the states. Will there be any issue if he is visiting Canada semi-frequently (again, living/working in the states)?

Sorry - I have a couple more questions about the G-325A if that's okay.

Filled out from my (the petitioner's) perspective:

1. What do I put for "file number"?

2. For the employment section, I am currently a freelance writer, meaning that I am an independent contractor for 2-3 different companies at once. How should I list this in that section?

3. "This form submitted in connection with application for" -- the choices are only "Naturalization," "Status as Permanent Resident," or "Other ____". As someone petitioning for my spouse to immigrate here, what do I put?

4. At the bottom, it asks for "Applicant's Name and Alien Registration Number." I am a citizen so do I leave this blank?

Thanks everyone!!

Thanks so much!! That helps a lot.

Hey - I'm currently filling out the I-130 for my husband in Canada (I am a US citizen; he is a Canadian citizen) and I have some questions.

1. A couple years ago, my husband tried to come down for a visit to New York. Long story short, there was a misunderstanding about his job information - he was taken into the back room, questioned, etc., and then denied entry. He was asked to come back as long as he had extensive proof of ties to Canada (pay stubs, etc.) and I think his record is flagged as requiring those documents. Does this count as having "been under immigration proceedings"? If so, which one? (And it was so long ago, neither of us can remember the exact date, which it also asks for on the form.)

2. I'm currently living with my family, and when the date comes closer that he will be able to move here, we plan to move out into an apartment together. That means that there is NO fixed address at this point where "my relative intends to live." What do I put down?

3. What does #21 mean, "give last address at which you lived together"? Neither of us have ever formally lived together - we've only done visits for 1-2 weeks max. What should I put?

Any and all help is greatly appreciated! Thank you!

So we are looking for the fastest and cheapest way for my Canadian husband to be able to transfer money to me (a USC). In searching the forums I saw that a lot of people recommended CustomHouse, which at the time of the postings was described as having no fees. But I've recently looked at CustomHouse's website and saw that they do have fees - $5 for an EFT, which isn't that much, but I will use it if there are no better options.

My husband and I both have TD bank accounts in our respective countries. My questions are:

1. Can I add my name to his Canadian account to turn it into a joint account even though I'm not a Canadian citizen?
   
2. What is the best way (if possible) to transfer funds from the Canadian account to the American?
   
3. How long does it take? Are there fees?
   

Thank you!

Hello! I know this is a US immigration-based forum but I thought I would just shoot out this quick question to those who might have experience with/as Canadian spouses. So far my Canadian spouse and I intend to move to the U.S. and then immigrate back to Canada after several years, so the question isn't immediately relevant.

I know, as a spouse, you can apply for status in Canada either from INSIDE or OUTSIDE the country. My question is, how exactly do you start the process for applying from INSIDE? Are you allowed to move up there with your spouse with the intention to immigrate? Or would they deny you entry and demand you go back and do the process from outside like the U.S. does?

Basically, if you want to apply for Canadian status from inside Canada, what is the process for getting there in the first place? And are there certain restrictions?

So I'm seeing 2 main approaches here: 1) Always use the passport of whichever country you're trying to enter, vs. 2) Use the passport of the country you're currently living/working in.

I am also an US/Canadian dual citizen and I cross the border frequently, by car. I live in America, have a job in America, and drive a car registered in America - therefore, I use my American passport. During times I've lived and worked in Canada, I used my Canadian passport. I've always been under the impression that the more everything lines up, the easier the crossing will be. So far so good!

So when you've presented your passport to them at the border, did it ever come up in questioning that you are actually also a Canadian citizen as well? Or did they just end up assuming the whole time that you were solely American?

Thanks everyone! These responses really help.

What would they be "suspicious" of?

I didn't really get what you said about the computer, but perhaps you are saying something like they see no foreign entry stamps in your U.S. passport when you return? Well, 1) I'm not sure they always stamp your passport when entering Canada anyway, 2) you don't even have to answer their questions as a U.S. citizen entering the U.S., and 3) you can just say you used your Canadian passport to enter Canada because you're a dual citizen. No reason to be shy about it.

Well what I meant was, say I am a dual citizen but have been living in Canada for the past 5 years. Then I want to visit the U.S. for a week, so I come in presenting my U.S. passport saying I am a U.S. citizen and not initially sharing anything else.

But in my records won't it show that I actually left the U.S. and haven't been there for 5 years - not typical behavior of a U.S. citizen? I just thought maybe it would tempt them to think that I was hiding something in my initial presentation of myself.

When entering the US, you present your US passport. Unless specifically asked, don't even mention that you have a Canadian passport. Don't even mention the words "dual citizen." Keep it simple: present your US passport and you'll expeditiously be on your way.

When returning to Canada, you present your Canadian passport. As before, don't mention "dual citizenship" and don't present your US passport.

If an officer asks you about dual citizenship or passports from other countries, just answer the questions truthfully.

...

There is nothing wrong with dual citizenship from the US point of view. As long as you enter the US on your US passport, you'll be fine. But, if you somehow can't control yourself and tell the officer you have 2 passports, and s/he tells you to renounce citizenship of one of your countries (a very unlikely scenario), the best thing to do is ask for a supervisor.

(yes - I am a dual citizen - I know this stuff first-hand)

So you mean, upon scanning your passport into their computer, it won't show up on your records that you're a dual citizen? Wouldn't the officers be suspicious of the fact that it shows that you left the U.S. and haven't come back for an extremely long period of time?

Sorry! I'm just paranoid because a couple years ago my husband (then-fiance) had a bad incident with some border guards which went so far as to include verbal abuse based on his appearance and our relationship, so I am always wary now about the same thing happening again.

But thank you! Your answers help a lot.

I do believe that the US doesn't recognize dual citizenship.

I'm mainly referring to this part of this article: travel[.]state[.]gov/law/citizenship/citizenship_778[.]html

In light of the administrative premise discussed above, a person who:

is naturalized in a foreign country;

takes a routine oath of allegiance to a foreign state;

serves in the armed forces of a foreign state not engaged in hostilities with the United States, or

accepts non-policy level employment with a foreign government,

and in so doing wishes to retain U.S. citizenship need not submit prior to the commission of a potentially expatriating act a statement or evidence of his or her intent to retain U.S. citizenship since such an intent will be presumed.

When, as the result of an individual's inquiry or an individual's application for registration or a passport it comes to the attention of a U.S. consular officer that a U.S. citizen has performed an act made potentially expatriating by Sections 349(a)(1), 349(a)(2), 349(a)(3) or 349(a)(4) as described above, the consular officer will simply ask the applicant if he/she intended to relinquish U.S. citizenship when performing the act. If the answer is no, the consular officer will certify that it was not the person's intent to relinquish U.S. citizenship and, consequently, find that the person has retained U.S. citizenship.

So basically, you can lose U.S. citizenship through a number of methods (getting naturalized in a foreign country, being in the military for an opposing country), but the common ground is that in all those situations, you must EXPLICITLY declare/sign statements saying that you wish to renounce your citizenship.

According to the part I quoted, if you DO NOT explicitly make such statements, they will presume your intent to RETAIN your U.S. citizenship - and then you will, well, retain it.

I know that the U.S. does not *encourage* dual citizenship, but everything I've read points to the fact that it does recognize and tolerate it and does not require you to automatically renounce U.S. citizenship even if you are naturalized somewhere else.

Hello! So I am a U.S. citizen trying to help my Canadian spouse move here for a few years. We only want to live in America for a few years (due to some family situations on my side), and after that, I would prefer to settle down permanently in Canada and become a Canadian citizen.

My understanding is that it IS possible for BOTH of us to eventually become naturalized in each other's countries while STILL retaining our original citizenships, thus both becoming dual citizens. But I have a few questions about the details of this:

1. Say you are are a dual citizen & have been living in Canada, but want to travel to the U.S. for a temporary time. AT THE BORDER, do you initially present yourself as a dual citizen? Do you immediately bring out both passports? Do you only start out by showing them your U.S. passport and saying you are a U.S. citizen? Or do you present yourself as a Canadian citizen?

2. Somebody I knew, when traveling into the United States, initially brought out 2 passports and presented themselves as a dual citizen. They instantly were told by the border officers that they are NOT allowed to be dual citizens and were actually told to renounce one of their citizenships then and there on the spot. My understanding is that the officers were WRONG in doing this - but it is now a constant fear of mine. If you're in a situation like that, what do you do? Do you try and reason and explain the laws...to the officers? And somehow expect that they won't find a way to punish you for it? What do you do?

Any advice would be appreciated! Thanks

Hello - I am a US citizen married to a Canadian. At the moment we're both living in our respective countries.

Here's the thing: I have a family situation down here in New York that will require me to stay here for 2-3 years to help out for a bit. After that, my husband and I DO want to settle down permanently in Canada; we do NOT intend on living in the US for any long-term situation.

Is there any possible way that my husband would be allowed to live here for just a few years without having to go through the entire spousal visa/green card process? I've heard that the entire process for a foreign spouse to be able to live/work here can take 8 months to a year - and in addition to the financial sacrifice, it doesn't really seem worth it to wait that long if we're only staying for 1-2 years after that.

Is there some way he can come for just a few years without having to do all of that? Even if it isn't through a spousal visa? Any advice helps! Thanks!!