RFE letter received

[motu 6]

It seems to me that your husband's assets are mixed (private and business.) This is quite common but your filing is confusing because you are showing less than required income based on his tax return but compensating with his assets which appear to be mixed. So my advice - KISS.

Keep it simple so they can approve your application easily. Get a co-sponsor and get over this complication. And why not ask your CPA to be your co-sponsor - he knows that your husband has enough money to be able to support you without any problem!

Good Luck

(KISS = Keep It Simple Stupid - for those of you too young to know)

[zyggy 9]

It seems to me that your husband's assets are mixed (private and business.) This is quite common but your filing is confusing because you are showing less than required income based on his tax return but compensating with his assets which appear to be mixed. So my advice - KISS.

Keep it simple so they can approve your application easily. Get a co-sponsor and get over this complication. And why not ask your CPA to be your co-sponsor - he knows that your husband has enough money to be able to support you without any problem!

Good Luck

(KISS = Keep It Simple Stupid - for those of you too young to know)

Often times, self-employed individuals deliberatly keep their own personal income low and keep their money in the business to avoid empoyment taxes (Social Security and Medicare, etc), the double taxation from the business and personal income and the bonus of being able to deduct most expenses through the business. This usually results in a much lower tax bill and is usually the best course of action in terms of the IRS. However, in this instance, by self-declaring one's income lower than the poverty line, one may have effectively shot themselves in the foot with the USCIS...

Most people don't quite understand that a business is recognized by the state as an individual. Completely separate from its owners. All assets (accounts, buildings, etc.) that are in the name of the business cannot be used for the I-864 requirements. In addition, a trust is also recognized as a separate entity, as there are stipulations in the trust on what the assets can be used for and who can benefit. So any property that is owned by a trust also cannot be used for I-864 considerations.

Only personal assets and personal income can be used to fulfill I-864 requirements...

Edited May 18, 2006 by zyggy