ForumTitleContentMemberSexCountryDate/Time
K-3 Spousal Visa Case Filing and Progress ReportsK-3 Not Being Processed b/c of I-130?

It's looking like it is true that the I129f is only ever processed along with the I130, even with the big delay in processing this last year. Which is unfortunate, because despite what some people here say, the I129f is sometimes a better option, especially if the timeline USCIS gives would be followed.

 

For me, we live on the west coast of Canada, and round trip airfare for our family of 3 to Montreal (only Montreal processes I130, but Vancouver processes I129f I believe) eats up the difference in cost between IR and the K3 route. Also, it is a big hassle for us to all travel to Montreal with our little one, find a place to stay, etc.

 

And since immigrant's work in Canada will continue once we move to the US, there is really little benefit in being immediately able to work in the US, or waiting a little while to get my SSN the K3 route. Yes, more paperwork, but that's no sweat if it would only mean being able to move sooner. (Which sadly it does not.)

 


Edited by bukerjw, 15 December 2013 - 01:37 AM.

bukerjwNot TellingCanada2013-12-15 01:35:00
K-3 Spousal Visa Case Filing and Progress ReportsCanadian would actually prefer a K-3

I'm in exactly the same boat as you. I would prefer the K3 for the same reasons, but it's not happening for me. My I-130 and I129f both got transferred at the same time. They just stick em together with a paperclip and then the I129f gets cancelled because the I130 is processed.

 

No way to make them give you a K3.


bukerjwNot TellingCanada2014-01-07 15:07:00
USCIS Service CentersI130 and I129F applications get joined.... how exactly??

I've been reading the forums, and I gather there is a slowdown in I130 processing, with things hopefully picking up when Overland Park starts processing this September.

 

Question: Our I130 was received on May 12, address given was Overland Park (NBC). We then applied for a K3 Visa, because we want to move to the USA ASAP and want to cover all possible bases to do that (even though K3 is supposed to be obsolete). The I129f was received on June 3, address given was Lee's Summit (NBC).

 

From reading the forums, I have read that the I129f will be sent to join the I130, wherever the I130 is. I have also read that the I130 will be sent to join the I129f, wherever the I129f is. Which is correct?

 

I think it matters for us, because either both applications have ended up at Lee's Summit, or both applications have ended up at Overland Park, where they will be sitting awhile longer. Or maybe, just maybe, they have not been joined because they didn't want to send a K3 to Overland Park, where they know it will be sitting idle for 4 months.

 

This issue is potentially important for others as well. Because if we know the I130 gets sent to the I129f to be joined, and not the other way around, and you get a bad deal with where your I130 ended up, then it would make sense applying for a K3 visa even though it's supposed to be obsolete, just to get that I130 out of the stagnant pile and back in business. Follow?

 

Any thoughts on this would be appreciated!


bukerjwNot TellingCanada2013-08-26 22:20:00
National Visa Center (Dept of State)Does the DS-261 make the DS-3032 obsolete? -and other questions

Hi all,

I am still waiting for my NOA2, but I want to be as quick as possible in getting through the NVC stage when it comes, so I am consulting the Visajourney Guide page and looking at the Shortcuts pages as well. 

 

I have read about emailing in a DS-3032 for Choice of Agent, which might speed things up a bit. But now I am reading there is a new procedure involving DS-260 and DS-261 online forms. Does the DS-261 online form make the DS-3032 obsolete?

 

Also, what is the DS-260? I believe it is a new procedure, as I do not see it in the Guides section.

 

So, if I understand correctly, the basic steps at the NVC stage are:

 

-Get the NVC Case # ASAP, maybe phone them up?

-Mail back the completed I-864 as soon as I get the Case #. (Can I work on the I-864 with my current information, or will that be too much in the past to be acceptable?)

-Fill out the DS-261 online as soon as I get the Case #

-Fill out the DS-260 online as soon as I get the Case # (or do I need to wait for the IV bill to be processed before doing the DS-260?)

-Pay bills as I receive them. (Can I pay bills online?) -AOS bill, IV bill

-do my medical exam at some point

 

THANKS!


bukerjwNot TellingCanada2013-09-08 18:13:00
National Visa Center (Dept of State)I864A - Submitting Federal Taxes for a beneficiary (nonresident alien)

My wife is petitioning for me. I am Canadian and have Canadian income, which will continue when I move to the States. We need my income in order to meet the income requirements on the I864. 

 

I think I am correct that I need to file an I864A in addition to my wife's I864. There is a spot on the I864A where it says I'm required to attach my Federal Taxes. Since I live in Canada and am Canadian with Canadian income, I do not file American taxes, and I presume that's what they mean.

 

My question is: should I attach my Canadian taxes instead? Or will they still be upset I didn't check the box that I've attached my Federal Taxes? Or should I go ahead and check the box that I've attached my Federal Taxes even though they are Canadian?

 

I suppose I could file American taxes and claim foreign income, even though I am a nonresident alien..... but this seems very silly and surely this is not what they want me to do. Thoughts? 


bukerjwNot TellingCanada2013-09-15 12:04:00
National Visa Center (Dept of State)How many I864s need to be filled out

Thanks NLR, this is what I hope and assume. I am just a little nervous because in the I864A there is a (required?) checkbox for an attached US federal tax return, which I obviously have not done (living and working in Canada). And I had another person tell me that the income must be US source, although I haven't found anything on the internet to back that up.

 

Supposing I go to my interview and they say the income is for whatever reason unacceptable. What is the worst that could happen? Is it possible they would deny my visa absolutely? Do they ever do that?

 

Or would they just tell me I have to get a joint sponsor to send in an I864? Would they make me travel to the Montreal consulate again for another interview? Would it be a big delay? I have the potential to get a joint sponsor if necessary, but I don't want to hassle them if it is not necessary.


bukerjwNot TellingCanada2014-03-15 00:35:00
National Visa Center (Dept of State)How many I864s need to be filled out

Oh wait. I am confused right now. My US citizen wife needed to file an I-130 petition for our daughter, because my wife hadn't lived in the USA for the minimum time requirements to allow our daughter to receive automatic citizenship.

 

However, I am just reading this I-864w form right now, and it seems that upon moving to the USA as an immigrant, our daughter automatically because an American citizen?? Is that correct? I did not know that. Can someone confirm this to me? So, one I-864, and one I-864w for my daughter.

 

Am I correct to assume my wife still has to show income/assets in an I-864 in support of both me and our 2 year old daughter (household size 3)?


bukerjwNot TellingCanada2014-03-13 14:10:00
National Visa Center (Dept of State)How many I864s need to be filled out

My job will continue once I move to the USA. It is 2 days / week and only 40 minutes by car across the border. So, I need an I864A?

 

My daughter needed an I-130 as well, since my US citizen wife had not lived in the US for the required time for automatic citizenship. She had to petition for my daughter as well, a separate I-130 in the same package.

 

So, a separate I-864 for each of us?

 


(The I-129f has not been cancelled yet, but I am assuming it will be cancelled at NVC. So yes, IR1, interview in Montreal.)


bukerjwNot TellingCanada2014-03-13 13:51:00
National Visa Center (Dept of State)How many I864s need to be filled out

This should be an easy question. My wife (American) is petitioning for me and our 2 year old daughter to immigrate (all moving at the same time). Two year old didn't get automatic citizenship because wife hadn't lived in USA long enough to qualify her for that.

 

My wife filled out an I-130 for myself, and one for my daughter, sending them off in one package as instructed. Just got the NOA2 (!) so now we are working on the I864. In the instructions it says we need to fill out an I864 for each petition that was filed. But then it says that sometimes petitions are filed together and only one I864 needs to be filled out. ?? Can anyone clear up what is expected of us? It's easy enough to just fill out 2 almost identical I864s, but just not sure if that is expected.

 

And if you know the answer to that, may as well also ask, do I (as intending immigrant) need to fill out an I-864A (to include my income and assets in the calculation)? It says I don't need to, unless I have a dependent. We have a dependent (our 2 year old who is immigrating with me), so that means I do need to fill out the I-864A? I guess I'm just a little confused because I don't really see the logic in the requirement based on dependent. Need reassurance I am understanding all this and that I do in fact have to fill out an I864A.

 

Thanks!


bukerjwNot TellingCanada2014-03-07 21:18:00
National Visa Center (Dept of State)NVC email - wrong principal applicant?

Hi,

My 2 year old daughter and I are immigrating from Canada. My wife is American. My wife originally mailed a single package containing an I-130 for me and one for our daughter. The petitions were tied together, and we received our NOA1 and NOA2 on the same days. 

 

NVC has now emailed my wife that our daughter's case, where our daughter is labelled "PRINCIPAL APPLICANT" is ready for action (DS-261, fee payment), and gives the case and invoice numbers.

 

Is this normal? Is it normal for our 2 year old to be called a Principal Applicant? I would have expected that to be me. Or will there be another email in a day or so, saying the same info for me, and it just didn't quite get processed on the same day?

 

Is there a danger of the cases getting separated? We obviously want to fly to Montreal together and do the interviews at the same time, or back-to-back. Should I go ahead and do the DS-261 and fee payment for my daughter even though we haven't received my own case/invoice numbers yet?


bukerjwNot TellingCanada2014-04-07 22:55:00
National Visa Center (Dept of State)mistake on DS-260 -what to do

Hi,

I just realized I made a mistake when filling out my DS-260.

 

I put the wrong city for my mother's place of birth. The cities are somewhat close geographically, but on my birth certificate, there is one listed and on my DS-260 application another one is listed.

 

Will this pose a problem? What should I do? 


bukerjwNot TellingCanada2014-05-12 14:05:00
National Visa Center (Dept of State)got a checklist - is it false?

Hi,

I filed electronically, and recently got a checklist. It requests specific things. It requested:

 

passport, birth certificate, police certificate, marriage certificate, financial support (Affidavit of Support), and an eligibility document.

 

I had attached all those things in emails to NVCelectronic, shortly after I filled out the DS-260 online. It seems like NVC didn't get any of the emailed attachments I sent yet. Is this normal?

 

I've been reading on the forums that any checklist that doesn't have specific items is false, but this checklist DOES seem to contain specific items. I am guessing it is a false checklist and I just have to wait, but does this seem strange to anyone?


Edited by bukerjw, 08 June 2014 - 02:18 AM.

bukerjwNot TellingCanada2014-06-08 02:08:00
National Visa Center (Dept of State)CR1 - NVC Delay - Just got this email from NVC

I had sent in a checklist response on June 18, and I got this same notice today. Not happy, because the checklist I received and replied to in the first place was actually a mistake on their end, but the NVC operator told me I had to send in an email clarifying things anyway.

 

Sorry to say, Gary1988, but it may be that you are in my situation. I'd double check though, call again before you send an email, because it is not pleasant waiting 2 months extra for them to read an email that is in response to a mistake on their end!!!

 

I am hoping the 2 months is just to get people off their back. Technically though, it is NOT just 2 weeks more they are adding, because they are now saying it will take them AT LEAST 60 days, they didn't say AT LEAST with the 30 business days. I am hoping and assuming the AT LEAST part is bogus.

 

Anyone get processed recently? If so what was your actual wait time? 

 


bukerjwNot TellingCanada2014-08-04 15:54:00
CanadaMedical Review TORONTO Dr. Seiden

Hi. I have a question about this: what is actually required of your medical exam in order to be able to immigrate? Surely you don't need to pass an eye test? Surely blind people can immigrate........

 

Isn't it a no-go just if you have a nasty communicable disease or something like that? Or am I wrong about that?


bukerjwNot TellingCanada2013-09-12 12:03:00
CanadaI864 - Canadian source income of intending immigrant

Regarding domicile, I now own a house where we intend to live, and we have electric bills and bank account. My wife will get a Washington State driver's license soon. She is currently not working as we have a little one who she is taking care of. I wonder if there are any other things we can do to prove domicile, or if this should be sufficient.....


bukerjwNot TellingCanada2013-09-19 20:53:00
CanadaI864 - Canadian source income of intending immigrant

Sounds like I need to get a back-up Joint Sponsor, which I can do but I was hesitant because it's a bunch of paperwork to ask someone to do.

 

However, reading the I-864 instructions, my own opinion on it is it sure sounds like foreign income for the intending immigrant is just fine as long as the income will continue. I will report back with my experience when it happens (still a ways in the future).

 

My wife and I plan on using an I-864 with my (intending immigrant) Canadian income and supporting documentation with an explanation that it will continue, and then use the Joint Sponsor I-864 as a back-up.

 

How does this all work? Can we submit the Canadian income I-864 to the NVC, and then as a back-up simply take the Joint Sponsor I-864 to the interview with me in case they reject our Canadian income I-864? 


Edited by bukerjw, 19 September 2013 - 11:43 AM.

bukerjwNot TellingCanada2013-09-19 11:41:00
CanadaI864 - Canadian source income of intending immigrant

The thing is, I've found nowhere in the instructions that says it must be US source income. I would think they would mention it if it were the case, because it's a common enough thing, for an intending immigrant to have an income source from a foreign country that would continue, such as Canada Pension Plan, or ....

 

Any reason for thinking it needs to be US income? Or is that just an assumption?


bukerjwNot TellingCanada2013-09-18 23:55:00
CanadaI864 - Canadian source income of intending immigrant

Hi all,

I am the intending immigrant, and my wife needs my income to fulfill the income requirement. We're living in Canada right now. My job is close to the border and I intend to keep it and commute across the border once we immigrate (till I can find work in the US).

 

The I864 instructions say I can use my income as long as the income source will continue after we immigrate. This is true, it will continue because I will commute, but can it be Canadian source income or must it be US source?

 

 


bukerjwNot TellingCanada2013-09-17 15:08:00
Canadanew passport after ds-260 filed (and no old passport)

Thank you both for your help! (Sorry about the multiple posts, wasn't sure what forum to post to.)

 

Yes Ian, that's right, they kept the old passport. I think it was because it had gone through the wash and had some water damage, and their policy is that they don't return damaged passports.

 

My intuition was that it would be ok, and I did not appreciate the NVC woman who was extremely short with me and told me I should write an email to the NVC explaining the situation. I did not trust her, it sounded like she just wanted me to hang up after 30 seconds of talking. Some of the people at NVC do make an effort to understand your personal situation, but some are like her - she didn't care that her advice would add on a month and a half to my application time!!

 

She just didn't know the answer and so she said to email them. I get it, and I am not impressed. I was tempted to immediately call back to get someone else, but I have a life. I will ask them again, to be sure, next time I make a status call.


bukerjwNot TellingCanada2014-07-24 19:36:00
Canadanew passport after ds-260 filed (and no old passport)

I post this in the Canada forum because maybe somebody has had experience with this issue when they went for their interview in Montreal?

 

 

I had a passport valid for 10 months when I filled out my DS-260 (electronically, with a photocopy of my passport bio page as part of my supporting documents).

 

NVC has been incredibly slow for me, and gave me a checklist which actually was a mistake on their part, but no matter, I sent a clarification and had to wait an additional 30 business days on top of their usual snail pace. In the meantime I reasoned that likely my interview date will be less than 6 months till the passport expires, so I applied to renew it.

 

I have since received my new passport, but didn't receive my old one back with the punch-holes. I figured no problem, I'll just show my new passport at the interview. I also have a photocopy of the bio-page in case they want it at the interview. 

 

I wanted to double-check so I phoned up NVC. I got connected with an incredibly unhelpful, impatient woman, who told me it is fine as long as I have both my new and old passport, just show them both at the interview, but when I said I didn't have my old passport anymore, she said you should email them explaining the situation, and of course it would take 30 business days for them to read the email.

 

I am desperately NOT wanting to delay my immigration another month and a half!! Does anyone know what happens if I show up to the interview with a new passport and not my old passport? I have the photocopy of the bio-page of my old passport, I am hoping that is enough?

 

My interview is in Montreal.


bukerjwNot TellingCanada2014-07-24 17:46:00
CanadaNVC screwed up - can I try to contact the Montreal consulate directly?

Oh, I just updated my timeline. No, like everyone else, K3 didn't work. I am an IR. We had to apply for our daughter on a separate petition.

 

The thing is, if they set a later date for our daughter and deny the request to move her date up to mine, then I would probably try to move my date back to coincide with her later date, so we can all go to Montreal together. I don't know yet though, and I need time to have my physical exam and to book plane tickets. If this NVCexpedite request process takes, say, 2 weeks, then that is cutting it really close, because I still have to book my physical and also a flight, whose tickets might rise in price considerably if they are on such short notice.

 

I guess there's nothing more to do then, than wait. If anyone has other ideas, I am all ears!

 

Good to know that emailing NVCexpedite is the way to go. Do you know how long they will take, and also any guesses on what my chances are of having my 2 year old moved forward up to my date?

 

 


bukerjwNot TellingCanada2014-08-22 17:32:00
CanadaNVC screwed up - can I try to contact the Montreal consulate directly?

My situation is this: My daughter and I are both applying for our immigrant visas (separate applications). Daughter is 2 years old. My application took a lot longer for NVC to process than hers, so NVC put her application on courtesy hold so that we could have the same interview date in Montreal. When my application was complete, they forgot about taking hers off courtesy hold, and now I have my interview date (Sept 22) and my daughter does not.

 

Daughter's application is now off hold and waiting for an available date, which I assume will be AFTER Sept 22 since it was received later. I got instructions from NVC to send an email to NVCexpedite requesting daughter's interview date be the same as mine, and that they would forward that on to the Montreal Consulate.

 

Two questions:

1) how long does it take NVC to read expedite emails?

2) Can I somehow contact the Montreal Consulate directly, to request her interview date be moved up to my date, as she is only 2 years old?

 

I don't know how long NVCexpedite is going to take to read the email, and meanwhile I have medical exams to schedule and plane tickets to book, so this is pretty urgent!


bukerjwNot TellingCanada2014-08-22 13:21:00
Canadainterview next week - last minute domicile questions!

My wife's name is on the electric bill. She brought the bill in with her. Somehow they were talking and the question was brought up "Do you live in the house now?" She didn't answer directly, then the guy asked, "Do you live there more than 50% of the time?"

 

She should have just said "yes," but she's pretty truthful and just said the truth.

 

I just find it telling that, to go through this strict, authoritarian process of immigrating to the United States, you are expected to - well - lie to the authorities.

 


bukerjwNot TellingCanada2014-10-09 16:24:00
Canadainterview next week - last minute domicile questions!

We have our interview in Montreal in a week (!!!) and a bunch of last minute jitters.

 

1) My USC wife is pregnant, and we're wondering whether to advertise this fact, and show that she is booked in with a midwife in the USA. I am thinking that could help provide evidence of domicile. Is there any reason AT ALL that a pregnant USC would be a BAD thing, for domicile or other issues at the interview??

 

2) Domicile is the big issue for us. My part-time job will remain in Canada (I will commute twice a week) once we immigrate, so we can't use my job as evidence of domicile.

 

I (intending immigrant) have purchased a home jointly with my USC wife's parents, who are now living there. My USC wife is not one of the owners, and not on the mortgage, because my credit was better, so we left her off. Will this wrinkle matter at all in Montreal?

 

I am thinking me jointly owning a place with USC's parents must be as good as a lease. Am I correct?

 

(My wife and I are living in Canada, but plan to move in to this place permanently once I get my visa.)

 

 

3) My wife tried to get a USA drivers license / voter registration recently, but she was TOO HONEST and the guy at the DMV turned her down because she wasn't actually living in the USA just yet. Does the Montreal Consulate actually expect her to lie in order to get her license?? I have read many times you are supposed to get your drivers license and voter registration in order to provide evidence of establishing domicile, but isn't this technically not allowed if you're not already living there???

 

Thank you!

 


bukerjwNot TellingCanada2014-10-06 22:25:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsMay 2013 I-130 Filers

Oh, ok, right. Didn't read your response carefully. Good luck micaly1.


bukerjwNot TellingCanada2014-01-07 16:39:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsMay 2013 I-130 Filers

Dang it!


bukerjwNot TellingCanada2014-01-07 15:29:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsMay 2013 I-130 Filers

Hello guys
Today I received an information related to my i130 petition from Uscis in which they said my alien registration was changed on 6 January 2014 ...
Can anybody tell what will happen now???

 

I got this same email today. Here's hoping it means someone's on my file as we speak!

 

Any others who got this alien reg number changed after being transferred?

And did you get approved quickly afterwards, or are you still waiting?


Edited by bukerjw, 07 January 2014 - 03:04 PM.

bukerjwNot TellingCanada2014-01-07 15:03:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsMay 2013 I-130 Filers

I just got transferred yesterday (Dec 26) and got another email today, saying: "On December 27, 2013, we transferred your I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN, to  your local USCIS Office for further processing."

 

What does this mean?

 

We filed from abroad, so what local office would that be? We put an address in the USA for where we intend to live (Washington State). I thought NBC was sending them to other service centers, not local offices. Am I mistaken? Is this going to take longer because it is a local office?


bukerjwNot TellingCanada2013-12-28 00:32:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsMay 2013 I-130 Filers

My I130 went to Overland Park (May 12). I also filed an I129f (in hopes of a K3 visa) which went to Lee's Summit (June 3). Hard to know why the difference and what it means, and where my I130 is at right now. I am very curious, maybe I should call!


bukerjwNot TellingCanada2013-09-06 13:40:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsMay 2013 I-130 Filers

Our petition was received on May 9. Nothing yet. USC is abroad, so it's supposed to be quicker?

 

We also filed a K3 just-in-case, even though it's supposed to be obsolete...... but with this slowdown whaddya think, is there a chance our K3 will actually be processed??


bukerjwNot TellingCanada2013-08-05 20:50:00
IR-1 / CR-1 Spouse Visa Process & Proceduresi864 proof of continuing income

Thanks! I didn't know or think about that 6 month requirement. Do you know if it is enforced?

 

(Regardless, my job is not full-time and wouldn't put me out of the country for more than 6 months a year.)

 


bukerjwNot TellingCanada2013-09-13 02:23:00
IR-1 / CR-1 Spouse Visa Process & Proceduresi864 proof of continuing income

Hi,

My wife is petitioning me. I am a Canadian living in Canada with Canadian income. I have read that we can include this income as household income as long as there is "proof" that I intend to keep my current job when I move to the States.

 

The thing is, my Canadian job is located very close to the border and I do plan on keeping it when I move - it is less than an hour drive from the place we're planning to live in the United States. Do you think this is good enough to count as proof? What other proof might they want?


bukerjwNot TellingCanada2013-09-13 02:03:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI864A - Canadian tax instead of American tax?

Harpa,

Thank you for your knowledge that it must be from a US source. I can not find this requirement anywhere in the documentation or instructions. How do you know it must be from a US source? I've had someone else on Visajourney claim that it should work, they just want to know that the employment will continue once I immigrate.

 

Anyone else have an opinion on this?

 


Edited by bukerjw, 17 September 2013 - 02:50 PM.

bukerjwNot TellingCanada2013-09-17 14:45:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI864A - Canadian tax instead of American tax?

Hi Lakehouse

From what I'm reading on Visajourney, there's a far greater chance we'll get the IR1 than the K3, even though we've applied for the K3. The general policy seems of USCIS is to process the I130 at the same time as the I129F and then the K3 option dies. (We don't get a choice in that.) I also applied for the K3 on the off-chance it would somehow speed things up.

 

I would actually prefer the K3, as the overall higher cost of the K3 route is made up for in the travel expenses we would incur with a trip to Montreal for the IR1 interview! (Did you know, you have to go to Montreal to do your immigrant visa interview. With the K3, it could be done in Vancouver I believe.) And since I'm working in Canada getting a SSN while I wait for Adjustment of Status would not be an issue. Unfortunately it seems that usually the K3 option dies and they just do the straight immigration these days.

 

Yes you're right, technically it's my wife filling out the I864, but I'm just doing all the research for her.

 

Be prepared to do the full I864. There's a good chance you'll be ending up in the IR1/CR1 route.


bukerjwNot TellingCanada2013-09-17 11:17:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI864A - Canadian tax instead of American tax?

newacct, we're a family of 3. My wife is the petitioner, and myself and our daughter will both be immigrating. All three of us will be moving together as a family. We all currently live together in Canada. Doesn't that make our daughter my accompanying dependent?

 

On the I864 page 5 point 12, I can only check the box that says I don't need to file the I864A if I have no accompanying dependents.


bukerjwNot TellingCanada2013-09-16 13:54:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI864A - Canadian tax instead of American tax?

There IS a field for my income in the I864. On Page 5 of 9 (Part 6), there is a field for the current income of the "Intending Immigrant." The instructions say I can include this income (of the intending immigrant, myself) if it will continue after I move to the United States, which it will.

 

However, it is Canadian income, and so there have been no American Federal Taxes filed on it. Since I am also supporting our young daughter who will be immigrating with us, it says I need to fill out an I864A (see 11, 12 of Part 6). Then on the I864A form, there is a box I must check that I have sent in my Federal Income Taxes. Hence my conundrum about whether to send in my CANADIAN taxes instead.

 

Thoughts?

 

I have significant assets, but not enough to put us above the 4/3 of poverty line without including my continuing Canadian income.


Edited by bukerjw, 16 September 2013 - 12:48 PM.

bukerjwNot TellingCanada2013-09-16 12:46:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI864A - Canadian tax instead of American tax?

Oops, I posted to the wrong forum..... Sorry, moderators! Feel free to move me to the appropriate one, I don't think I can myself.

 

Anyway, to the first replier: It says in some cases beneficiary can use their income, so long as there is proof it will continue once I move. As the job is just across the border (in Canada) less than an hour away from where we are planning to move, I intend to continue working there, at least till I can get something similar in the States. So, my question is if I should send in my Canadian taxes instead of US taxes, or whether they would not appreciate that.

 


bukerjwNot TellingCanada2013-09-15 11:50:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI864A - Canadian tax instead of American tax?

My wife is petitioning for me. I am Canadian and have Canadian income, which will continue when I move to the States. We need my income in order to meet the income requirements on the I864. 

 

I think I am correct that I need to file an I864A in addition to my wife's I864. There is a spot on the I864A where it says I'm required to attach my Federal Taxes. Since I live in Canada and am Canadian with Canadian income, I do not file American taxes, and I presume that's what they mean.

 

My question is: should I attach my Canadian taxes instead? Or will they still be upset I didn't check the box that I've attached my Federal Taxes? Or should I go ahead and check the box that I've attached my Federal Taxes even though they are Canadian?

 

I suppose I could file American taxes and claim foreign income, even though I am a nonresident alien..... but this seems very silly and surely this is not what they want me to do. Thoughts? 


bukerjwNot TellingCanada2013-09-13 02:18:00