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Hello Gaeta thanks for joining us today we're going to be discussing minimum necessary incomes and the low income cutoff when it comes to parental sponsorship a very frequently asked question is how can I show proof of income for 2013 in my application to sponsor a parent or grandparent there's a lot of different factors that one needs to consider when demonstrating their minimum necessary income the first thing you should consider will be the family size when counting their family size you need to consider yourself and any dependents who live with you so for example if you're married with two children your family size is 4 in total then you need to consider who you're submitting an application on behalf of so for example if you're sponsoring your mother and father and your two siblings who reside with them abroad that's another family size of 4 so in total your family size is 8 now that you know what your family size is you'll need to make reference to the low income cutoff which is an income that you will need to be able to demonstrate for the prior three years prior to your application that means that whatever the low income cutoff dictates is your minimum necessary income for a family size of eat you will need to be able to demonstrate that you have this income for the past 3 years prior to your application the way you do this is by submitting notices of assessment or your options he printed these are documents taxation documents that can be obtained from the Canadian Revenue Agency and are one of the only documents that Citizenship and Immigration Canada will accept when considering your income other documents you want to earth-2 to add to reflect your financial ability would be items like employment reference letters that show your income pay stubs bank statements to show your financial ability to take care of your parents and siblings in this particular situation while there are in Canada further you have your undertaking to consider whenever you're sponsoring someone there is a financial undertaking that you entered into with the Minister of Citizenship and Immigration Canada or the Government of Canada but is essentially your commitment to take care of her family members while they are in Canada when it comes to dependent children the maximum is a commitment of 20 years or until the turn of majority when it comes to parents and grandparents it is also another 20 years because you need to consider the fact that they will retire usually soon after they come to Canada and you need people to financially support them without having the benefits of a pension for example demonstrating that you have the necessary income to support not only your own family but the family you intend to sponsor will be something that will be heavily considered by a Citizenship and Immigration Canada officer if they feel that you do not

FAQ

What are the financial requirements for a green card sponsor (form I-864) in 2018?
What are the requirements of being a sponsor?In order to meet the requirements as a sponsor, the sponsor must be at least 18 years old and meet certain income requirements:Financial Requirements:To qualify as a sponsor, you must show that your annual income is at least 125% of the Federal Poverty Guidelines. These guidelines are updated annually and are calculated according to household size.Search the USCIS website to see if you qualify. The 2017 guidelines will remain in affect until the 2018 ones are published.
What are the requirements in filing a US Fiancee visa? And How long does it take?
Requirements in filing a U.S. fiancee visa, the applicant must have been legally free to marry at the time the petition was filed and must have remained so thereafter. The marriage must be legally possible according to laws of the U.S. state in which the marriage will take place.As the petitioner you must earn a minimum income in order to qualify to sponsor a foreigner immigrating to the USA. The minimum income required is based on family size. As an example: The minimum income required of you to support a family of two (you and your fiancee) living in the continental USA, not including Alaska and Hawaii based on the USCIS 2018 poverty guidelines is $20,575.00. If your fiancee has a child who will immigrate with her the minimum income required for a family of three is $25,975.00Your fiancee can not have a serious criminal conviction. If she has a criminal record an attorney will assist you in determining if she qualifies or not. The general rule is that if your fiancee was convicted of a crime for which the maximum penalty exceeds one year imprisonment then she is ineligible to receive a visa.You cannot have a serious criminal conviction that includes violent crimes, crimes against minors, and sex crimes. You can qualify with a criminal background that includes convictions for lesser crimes.You and your fiancee must be free to marry, not currently married to other persons.You must have met your fiancee in person within the two year period immediately preceding the filing of the visa petiton.It’s important for being acknowledge with the thing is K1 Visa is only valid for 90 days and within this validity period the marriage should be consummated so that the immigration status of the bride can be adjusted accordingly.The US K1 Visa in Thailand will allow your Thai fiancee her to stay in the US for good until she receives her permanent residence status aka Green Card Status. Note that the K1 Visa takes about 4-6 months to complete of which USCIS evaluation of the petition is taking the bulk of the processing period. Note that if you are already married then you need to apply for a K3 visa.
What is the process to get a fiance visa?
I answered this questions on my blog a few days ago, and post my answer below. Hope it helps!What is a fiancée K-1 and K-2 visa? Who can apply? What is the process, timeframes and the costs? The fiancée K-1 nonimmigrant visa is for the foreign national fiancée of a United States citizen. Only a U.S. citizen can petition for his or her foreign fiancée. A U.S. citizen can file a fiancée visa petition only after they have met in person in the previous two years: meeting each other online or through a video chat or messenger is not enough. The purpose of a K-1 visa is for foreign citizen fiancée to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival. The foreign fiancee will then apply for adjustment of status (aka “green card”) with the USCIS at the Department of Homeland Security. This is a separate legal process.K-1 visa is a non-immigrant visa. However, because a fiancée visa is intended to help a foreign national to immigrate to the U.S. and allows him or her to apply for a green card after marriage to a U.S. citizen petitioner shortly after arrival in the United States, the fiancé(e) must meet most of the requirements of an immigrant visa.K-2 visa is a fiancée visa for eligible children of K-1 visa applicant (unmarried children under 21).As of 12/2018, current processing times are approx. 5 to 7 months for a I-129F Petition, plus additional 3 to 6 weeks for the NVC stage, plus additional 1-3 months for a visa application process (varies depending on a Consulate and your own readiness).The First Step: Filing the Petition, USCIS Form I-129F (1) The U.S. citizen fiancé, must file Form I-129F, Petition for Alien Fiancé(e), with the USCIS. Form I-129F cannot be filed at a U.S. Embassy, Consulate, or USCIS office abroad. (2) When USCIS approves the I-129F petition, it is sent to the National Visa Center (NVC). The NVC will assign a new a case number and directly forward the approved fiancée visa petition to the U.S. Embassy or Consulate where a foreign fiancée will apply for a visa.The Second Step: Applying for a VisaThe NVC will mail a letter with a new case number after it sends a fiancée visa case to the U.S. Embassy or Consulate. Once you receive this letter, it is time to apply for a K-1 visa and prepare for the interview.Eligible children of K-1 visa applicants may apply for K-2 visas. Children are included into the I-129F petition. However, separate visa applications and visa fees are required for every child.Required Documentation The foreign national fiancée and eligible children applying for K-2 visas will be required to bring the following forms and documents to the visa interview:Completed Form DS-160, Nonimmigrant Visa Application. Each K-1 and K-2 visa applicant must: (1) complete Form DS-160 online, (2) pay a visa fee, and (3) print the DS-160 confirmation page to bring to a visa interview.A passport valid for travel to the United States and with a validity date at least six months beyond your intended period of stay in the U.S.Divorce or death certificate(s) of any and all previous spouse(s) for both you and the U.S. citizen petitioner.Police certificates from your home country and all other countries where you have lived for six months or more since age 16 (Police certificates are also required for a foreign fiancée and all accompanying children age 16 or older)Medical examination (for K-1 and K-2 visa applicants)Evidence of financial support (Form I-134, Affidavit of Support, and proof of sponsor’s employment and income usually are required). There is no extra fee for the Form I-134. For a fiancée visa, the Affidavit of Support, Form I-134, is required. There is another Affidavit of Support, Form I-864, which will be required later, when you apply for a green card after marriage. The forms are different. The income requirements are also different. When submitting the Affidavit of Support, Form I-134, you need to show that your U.S. sponsor's income is 100 percent of the federal poverty guideline. When submitting the Affidavit of Support, Form I-864, the sponsor must be able to demonstrate that his or her income is at least 125 percent of the federal poverty guideline minimum income requirement. If you estimate that both K-1 visa and a green card will be applied for during the same tax year, you should plan and gather all required documentation in advance.Evidence of relationship with your U.S. citizen fiancée, which is very important at the last stage, as well as at the first stage.The consular officer may ask for additional information, such as photographs, chat logs, emails and other proof that the relationship with your U.S. citizen fiancé(e) is genuine and real. Documents in foreign languages, other than the language of the country in which the application takes place, should be translated. Applicants should take to the visa interview legible photocopies of civil documents and translations, such as birth and divorce certificates.Fees?Government filing fees are subject to change (as of 12/2018, the fees are as follows):US$535 -- Filing fee for an Alien Fiancé(e) Petition, Form I-129FUS$265 -- Nonimmigrant visa application processing fee, Form DS-160 (required for each K visa applicant)Medical examination fee, paid directly to a designated clinic (required for each K-1 and K-2 visa applicant) – costs vary, please check with the U.S. embassy in the country where a fiancée will apply for a visaOther costs may include translation and notarization charges, fees for getting the documents required for the visa application (such as passport, police certificates, birth certificates, etc.). Costs vary from country to country.US$1,225 -- Filing Form I-485, Application to Register Permanent Residence or to Adjust Status. Your spouse will submit this application after marriage. There could be additional applications filed concurrently: Application for a work permit and Application for advance parole. These applications are optional, but could be advisable.To ensure that your application is accepted and not rejected, the most current edition of the form must be submitted, accompanied by a correct filing fee. It is recommended that you check the most current edition of every application and the most current filing fees at USCIS and Department of State websites shortly before applying.Please note that the approved I-129F petition is valid for four (4) months from the date of approval by USCIS. However, a consular officer can extend the validity of the petition if it expires before visa processing is completed.Certain conditions and activities can make a visa applicant ineligible for a visa. Examples of these ineligibilities include: certain criminal records; overstaying a previous visa in the U.S.; submitting fraudulent documents; previous deportation or removal order, or voluntary departure; failure to prove bona fide fiancée relationship; etc. If you are found to be ineligible for a visa, the Consular Officer will advise you whether there is waiver of the ineligibility and what the waiver process is.After your K-1 Fiancé(e) Visa was approved, you will generally wait 5 to 7 business days to pick up your passport, a visa, and a sealed packet containing the documents you provided, plus other documents prepared by the U.S. Embassy or Consulate. It is important that you do not open the sealed packet. Only the DHS immigration official should open this packet when you enter the United States.If you have children who received K-2 visas, you will either travel together or your children holding K-2 visas will have to follow you to the U.S.Please note that K-1 and K-2 visas are valid for a single admission to the United States within the validity of the visa, which will be a maximum of 6 months from the date of issuance. It is advisable not to purchase the tickets, not to sell real estate and business abroad until after a K-1 visa has been approved and issued. In order to limit the risk even more, some of other clients preferred not to sell their apartments, cars, businesses until after they became lawful permanent residents of the United States.Please note that you must either marry your U.S. citizen fiance within 90 days of your entry into the United States, or depart the U.S. before the expiration of the 90-day period of admission. If not married within the 90-day window, or married within 90 days, but didn’t apply for a green card, if you wish to stay in the United States and apply for a green card, contact a competent immigration attorney for legal advice.
Can I open a startup if I am working under H1B visa?
First of all, there are zero restrictions to open a company in the US. Non-citizens, non-permanent-residents, and even non-residents can easily do it with no obstacles whatsoever.Now, I assume you want to not just open a startup, but work for it. Good news: the H1B visa has little to do with whether the company you work for is a startup or no. Once you're in the H1B quota, it's about transferring the existing visa, not getting the new one.Transferring the existing visa has to do with proving the company that is about to acquire your visa a) needs you, and b) is capable of paying you the wage above certain threshold.In plain English: once you have an H1B visa, if the company is willing to go through the burden of proving you would pay enough taxes by working for them, the authorities would err on the friendly side. The fact that your company is not of Google or Microsoft size does present some challenges, but they are all solvable. If you're a venture-backed company with a sound story and a solid founding team, being able to do the legal paperwork right is peanuts compared to actually running the company.Important footnote: If you're a [co-]founder / major shareholder of the company, moving forward from the H1B stage to the permanent resident stage can be tricky. And H1B itself has a hard time limit of six years total. Be advised.Full disclosure: I did it.In the hindsight, running a startup being on H1B proved to be hard enough to not recommend anyone. But it's still better than being in position of no power arguing with big companies what should they do green-card-wise, at least for someone as blunt and independent as I am.
How can I start an eCommerce business on an H-1B visa?
You can start an eCommerce business regardless of your immigration status. But if you want to actually work in the business while physically in the United States, you need to obtain proper sponsorship. The H-1B is specific to the petitioning employer (if sponsored by company X, you cannot work for company Y on the side), and requires a valid employer/employee relationship. USCIS has defined the employer/employee relationship to hinge on an employer’s right to control the means and manner in which the work is performed. You can see how this is difficult to show if you are the founder of the business that you intend to sponsor you. A variety of factors are considered when evaluating the petitioner’s right to control the beneficiary, including the manner and extent to which the petitioner actually supervises the beneficiary; the petitioner’s right to control the beneficiary’s daily work and work product; and the petitioner’s right to hire, pay and fire the beneficiary. Because the H-1B visa is not intended as a ‘self-sponsorship’ visa, it may not be the best option for your own startup. You might, depending on your nationality, consider the E-2 visa.The E-2 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States when investing a substantial amount of capital in a U.S. business. See U.S. Department of State's Treaty Countries for a current list of countries with which the United States maintains a treaty of commerce and navigation.To qualify for E-2 classification, the treaty investor must:Be a national of a country with which the United States maintains a treaty of commerce and navigationHave invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United StatesBe seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.An investment is the treaty investor’s placing of capital, including funds and/or other assets, at risk in the commercial sense with the objective of generating a profit. The capital must be subject to partial or total loss if the investment fails. The treaty investor must show that the funds have not been obtained, directly or indirectly, from criminal activity. See 8 CFR 214.2(e)(12) for more information.A substantial amount of capital is:Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new oneSufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterpriseOf a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.A bona fide enterprise refers to a real, active and operating commercial or entrepreneurial undertaking which produces services or goods for profit. It must meet applicable legal requirements for doing business within its jurisdiction.The investment enterprise may not be marginal. A marginal enterprise is one that does not have the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family. Depending on the facts, a new enterprise might not be considered marginal even if it lacks the current capacity to generate such income. In such cases, however, the enterprise should have the capacity to generate such income within five years from the date that the treaty investor’s E-2 classification begins.Alternatively, you might consider the International Entrepreneur Rule.In the final days of the Obama administration, the Department of Homeland Security (DHS) promulgated the “International Entrepreneur Rule” (IER), a regulation which allows for the “parole” into the country of entrepreneurs. Parole is a mechanism by which U.S. Citizenship and Immigration Services (USCIS) can, on a case-by-case basis, temporarily allow someone to be physically present in the United States if there is a “significant public benefit.” The purpose of the parole process in the case of entrepreneurs is to give promising start-up companies the chance to conduct research and development and expand job-creating operations in the United States.Under the IER entrepreneurs who have received investments of capital totaling at least $250,000 or at least $100,000 in government grants, and own at least 10 percent of the start-up, can be granted parole for up to two years. Entrepreneurs can be re-paroled for no more than 30 months if they meet certain revenue, investment, and/or job creation thresholds. USCIS can revoke parole at any time, and persons with parole cannot adjust to permanent residency. The entrepreneur’s spouse and minor children also can receive a grant of parole.In July 2017, DHS delayed the effective date of this rule until March 2018, and in September 2017, the American Immigration Council filed suit. Entrepreneurs, start-up companies and a trade association joined together to oppose the postponement of the International Entrepreneur Rule (IER). On December 1, 2017, a federal judge ordered the Department of Homeland Security (DHS) to rescind its delay of this rule.In the lawsuit, the National Venture Capital Association argued that the Trump administration bypassed proper procedures when it delayed the International Entrepreneur Rule, which had been due to go into effect in July 2017. Judge Boasberg, in his ruling agreed with the lawsuit’s claim that the government’s actions violated the Administrative Procedure Act, which requires advance notice of new rules. This is great news!We are now waiting to see what the procedures will be to take advantage of the IER.At any rate, it would be best for you to consult with an immigration attorney if as a foreign national you want to found an eCommerce business in the U.S.Good luck!Rebecca FreemanPrincipal AttorneySan Francisco Law Group1 Embarcadero Center, Suite 500 San Francisco, CA 94111Telephone: (415) 813-2259Email: rfreeman@sanfranciscolawgroup.comhttp://sanfranciscolawgroup.com
Can an H1-B visa holder start a business on a startup visa?
First things first, a person can only hold one visa status at a time. So you wouldn’t be both an H-1B visa holder and a startup visa holder — it would be one or the other. And unfortunately, there is no startup visa (at least at this time). The closest thing that approximates a startup visa is the International Entrepreneur Rule. More on the International Entrepreneur Rule below.The H-1B is specific to the petitioning employer (if sponsored by company X, you cannot work for company Y on the side), and requires a valid employer/employee relationship. USCIS has defined the employer/employee relationship to hinge on an employer’s right to control the means and manner in which the work is performed. You can see how this is difficult to show if you are the founder of the business that you intend to sponsor you. A variety of factors are considered when evaluating the petitioner’s right to control the beneficiary, including the manner and extent to which the petitioner actually supervises the beneficiary; the petitioner’s right to control the beneficiary’s daily work and work product; and the petitioner’s right to hire, pay and fire the beneficiary.Onto the International Entrepreneur Rule. In the final days of the Obama administration, the Department of Homeland Security (DHS) promulgated the “International Entrepreneur Rule” (IER), a regulation which allows for the “parole” into the country of entrepreneurs. Parole is a mechanism by which U.S. Citizenship and Immigration Services (USCIS) can, on a case-by-case basis, temporarily allow someone to be physically present in the United States if there is a “significant public benefit.” The purpose of the parole process in the case of entrepreneurs is to give promising start-up companies the chance to conduct research and development and expand job-creating operations in the United States.Under the IER entrepreneurs who have received investments of capital totaling at least $250,000 or at least $100,000 in government grants, and own at least 10 percent of the start-up, can be granted parole for up to two years. Entrepreneurs can be re-paroled for no more than 30 months if they meet certain revenue, investment, and/or job creation thresholds. USCIS can revoke parole at any time, and persons with parole cannot adjust to permanent residency. The entrepreneur’s spouse and minor children also can receive a grant of parole.In July 2017, DHS delayed the effective date of this rule until March 2018, and in September 2017, the American Immigration Council filed suit. Entrepreneurs, start-up companies and a trade association joined together to oppose the postponement of the International Entrepreneur Rule (IER). On December 1, 2017, a federal judge ordered the Department of Homeland Security (DHS) to rescind its delay of this rule.In the lawsuit, the National Venture Capital Association argued that the Trump administration bypassed proper procedures when it delayed the International Entrepreneur Rule, which had been due to go into effect in July 2017. Judge Boasberg, in his ruling agreed with the lawsuit’s claim that the government’s actions violated the Administrative Procedure Act, which requires advance notice of new rules. This is great news!We are now waiting to see what the procedures will be to take advantage of the IER.Alternatively, you might, depending on your nationality, consider the E-2 visa.The E-2 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States when investing a substantial amount of capital in a U.S. business. See U.S. Department of State's Treaty Countries for a current list of countries with which the United States maintains a treaty of commerce and navigation.To qualify for E-2 classification, the treaty investor must:Be a national of a country with which the United States maintains a treaty of commerce and navigationHave invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United StatesBe seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.An investment is the treaty investor’s placing of capital, including funds and/or other assets, at risk in the commercial sense with the objective of generating a profit. The capital must be subject to partial or total loss if the investment fails. The treaty investor must show that the funds have not been obtained, directly or indirectly, from criminal activity. See 8 CFR 214.2(e)(12) for more information.A substantial amount of capital is:Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new oneSufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterpriseOf a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.A bona fide enterprise refers to a real, active and operating commercial or entrepreneurial undertaking which produces services or goods for profit. It must meet applicable legal requirements for doing business within its jurisdiction.The investment enterprise may not be marginal. A marginal enterprise is one that does not have the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family. Depending on the facts, a new enterprise might not be considered marginal even if it lacks the current capacity to generate such income. In such cases, however, the enterprise should have the capacity to generate such income within five years from the date that the treaty investor’s E-2 classification begins.At any rate, it would be best for you to consult with an immigration attorney if as a foreign national you want to found a startup in the U.S.Good luck!Rebecca FreemanPrincipal AttorneySan Francisco Law Group1 Embarcadero Center, Suite 500 San Francisco, CA 94111Telephone: (415) 813-2259Email: rfreeman@sanfranciscolawgroup.comhttp://sanfranciscolawgroup.com;""