HELP Please! Application Denied due to I-864/213A

[Cigarovich 1]

After so many delays and so much stress, my wife's I-485 has been DENIED based on my I-864 Affidavit. It doesn't matter (or maybe it will in the motion to reconsider) that I own half a beach house and an apartment and have a 50k+ yearly income supported by paystubs and an employment letter, the denial was based on not meeting the poverty guidelines based on a 2006 adjusted gross income of negative $300,000. The large negative number is a carry-forward from an even larger loss I took on an investment many years ago.

Has anyone had a similar experience and had to file a motion, or can offer any other advice? All I have is the decision letter and an address to send the motion to. It doesn't even mention what the filing fees are! I also, I guess, will finally need to hire a lawyer to draft the motion and coordinate with my accountant (who is genuinely shocked that USCIS is that stupid). I don't want to be fleeced, however. If you know someone in the NYC area let me know!

Also she's been given til January 6th to pack and go (30 days from the date of the decision). Is this suspended while the motion is being considered, or will she have to leave in any case?

I'm going !!!

Please help!

[zqt3344 21]

1) Did you send them the last three years of tax returns(04,05,06) and IRS official Tax Transcripts for past three years? If you only sent them 2006(your carry forward loss year) then they have no way of deciding if you and sustain or maintain a stable income above poverty lines. Thus might be reason for rejection.

2) Also you usually need to send them this year's paystubs or commission statements to show what your current income producing level is and how stable that is.

3) who is she and why would she be given til Jan 6 to pack and go, need more information to better assist you.

After so many delays and so much stress, my wife's I-485 has been DENIED based on my I-864 Affidavit. It doesn't matter (or maybe it will in the motion to reconsider) that I own half a beach house and an apartment and have a 50k+ yearly income supported by paystubs and an employment letter, the denial was based on not meeting the poverty guidelines based on a 2006 adjusted gross income of negative $300,000. The large negative number is a carry-forward from an even larger loss I took on an investment many years ago.

Has anyone had a similar experience and had to file a motion, or can offer any other advice? All I have is the decision letter and an address to send the motion to. It doesn't even mention what the filing fees are! I also, I guess, will finally need to hire a lawyer to draft the motion and coordinate with my accountant (who is genuinely shocked that USCIS is that stupid). I don't want to be fleeced, however. If you know someone in the NYC area let me know!

Also she's been given til January 6th to pack and go (30 days from the date of the decision). Is this suspended while the motion is being considered, or will she have to leave in any case?

I'm going !!!

Please help!

[Nanusia & Lukaszek 0]

After so many delays and so much stress, my wife's I-485 has been DENIED based on my I-864 Affidavit. It doesn't matter (or maybe it will in the motion to reconsider) that I own half a beach house and an apartment and have a 50k+ yearly income supported by paystubs and an employment letter, the denial was based on not meeting the poverty guidelines based on a 2006 adjusted gross income of negative $300,000. The large negative number is a carry-forward from an even larger loss I took on an investment many years ago.

Has anyone had a similar experience and had to file a motion, or can offer any other advice? All I have is the decision letter and an address to send the motion to. It doesn't even mention what the filing fees are! I also, I guess, will finally need to hire a lawyer to draft the motion and coordinate with my accountant (who is genuinely shocked that USCIS is that stupid). I don't want to be fleeced, however. If you know someone in the NYC area let me know!

Also she's been given til January 6th to pack and go (30 days from the date of the decision). Is this suspended while the motion is being considered, or will she have to leave in any case?

I'm going !!!

Please help!

You guys got approved at the AOS interview, and then months months later this?! That is crazy. I would think if they had an issue with the I-864 they'd make a stink about it before the interview, and ask for a co-sponsor if they didnt think you met the poverty guidelines.

I believe you are allowed to stay in the US while the motion is being considered.

Good luck with finding the attorney

[Nanusia & Lukaszek 0]

1) Did you send them the last three years of tax returns(04,05,06) and IRS official Tax Transcripts for past three years? If you only sent them 2006(your carry forward loss year) then they have no way of deciding if you and sustain or maintain a stable income above poverty lines. Thus might be reason for rejection.

The IO at our AOS interview stated they no longer go off of the last 3 years of tax info. They only use last years. She actually gave me back the copies of my taxes that I had sent in for the 2 additional years she said she did not need in the file.

[Caladan 19]

1) Did you send them the last three years of tax returns(04,05,06) and IRS official Tax Transcripts for past three years? If you only sent them 2006(your carry forward loss year) then they have no way of deciding if you and sustain or maintain a stable income above poverty lines. Thus might be reason for rejection.

The IO at our AOS interview stated they no longer go off of the last 3 years of tax info. They only use last years. She actually gave me back the copies of my taxes that I had sent in for the 2 additional years she said she did not need in the file.

You're right. Adjudication is supposed to be just in the last year of tax info, but they're also allowed to look at the spouse's current income.

OP: Had you received any RFEs? Did they say anything at the interview about your tax returns? You can file for a motion to reopen and reconsider (which it looks like you're doing), and I believe that means she doesn't have to leave while the case is reconsidered. (I cannot, however, find a citation for this, and am not sure if you have to file something separately to halt the removal proceedings, so grain of salt.) Have you retained an attorney? It is probably wise; something like VJ is only as good as the sum of people's experiences and we don't have a whole lot of people who have had to deal with this here.

immigrate2us.net might also be a good place to look, especially for attorney recommendations.

[Nanusia & Lukaszek 0]

I'm surprised they'd start removal proceedings so quickly, and give the Jan 6th date. Too darn quick.

[Caladan 19]

I'm surprised they'd start removal proceedings so quickly, and give the Jan 6th date. Too darn quick.

I'm wondering if the OP failed to receive some notices, because this does seem awfully quick.

[Singers 0]

Once you are denied they automatically send that letter. You ARE allowed to remain in the country while you are filing motions, but there are a few "howevers" attached to that. (eg. you are accumulating overstay time, if your motion is denied etc.)

DO NOT LEAVE THE COUNTRY while she is waiting for these motions.

[appleorange 0]

i would make an infopass appointment and show all your supporting documents and ask to re-open ur case. my 485 was denied due to USCIS error and i went to infopass the next day after receiving the denial letter and they re-opened my case again that day.

Edited December 12, 2007 by appleorange

[Chica Yeyé 41]

Infopass sounds like the way to go

[Cigarovich 1]

Thanks for the quick replies - I was only asked for 2006 tax return. Also infopass in NYC is difficult to schedule for me and were less than helpful last time and I think I want to file the motion before I do anything else.

S