Please help me with my RFE

[Jenn! 918]

bump-anyone-please

We had a similar issue I think, well we got the exact same RFE letter as you. My thought was that they must want 2005 taxes, but just like you, after reading that they look at line 22 to determine your income, I thought maybe the problem be that my line 22 showed "0". My 2004 and 2005 income was foreign earned, and therefore excluded from line 22, although it is accounted for on line 7 (wages). In the RFE response, I sent a copy of my 2005 taxes and W2, as well as a cover letter noting that my income was not taxable, as evident from my 1040, but that my W2s clearly show that my wages were well above the poverty level. Our case was updated online as response received, and I'm hoping that what I sent was sufficient for them to determine that my income is indeed high enough.

On another note, I'm about to post about our interim EAD infopass experience in Boston in the working & traveling forum...

Jenn

[canucker18 0]

Update- I just got off the phone with an Immigration Officer-after being transferred 3 times.

They said if he owns his own business, which he does, they would take into account that income because it obviously affects his bring home income.

She also advised to just wait, and that a denial would not be sent out, but another RFE would if they needed to.

I'm a little concerned as this is conflicting everything that is said here. I understand all we have here is our own experiences, and this IS the MisInformation line, but it makes me want to wait.

She did say not just 1 line from tax returns are looked at, they are going to look at it all.

Do I still need to make an infopass appointment???? Or any other advice??

Now I am even more confused.

I am feeling so defeated, and depressed about trying to do what Immigration wants. I can't work and now my greencard could be in jeopardy. Bah!

[Yodrak 7]

canucker,

My sense from reading many posts on this subject from the self-employed are that they often misunderstand a few basic things:

- the business and the person are two separate entities, even though the person owns the business and may be the only employee of the business

- the person is the sponsor of the immigrant, the business is not (unless the person is immigrating on the basis of employment not family)

- a self-employed person's income from employment is the business income less the business expenses - i.e. the 'bottom line' on Schedule C that is transferred to the 1040. Not the 'top line' on Schedule C.

- many self-employed maximize their business expenses to reduce their personal income so as to reduce their tax burden. Then some of them discover that they have a self-inflicted problem when they want to sponsor an immigrant.

The 'upside' of this is that a self-employed person has more control over what their income is than other workers. Most of us can't raise our salaries just because we want to, but the self-employed can adjust their business expenses to increase their personal income. They'll pay more in income taxes, but they do have a choice they can make that the rest of us do not have.

If the 2005 tax return was not included with the I-864 then they undoubtedly wanted it, as it should be available by now. They may yet want a joint sponsor after they analyze the I-864 submission, which is now a complete submission.

Yodrak

Hi folks, I am hoping someone can help me here. This is a little lengthy to explain but bare with me.

My husband and I are at the AOS part of our process. We recently received an RFE which said the following:

Request for Additional Evidence (1-485)

This office is unable to complete the processing of your Application to Register Permanent Residence or Adjust Status, (Form 1-485) without additional information. Please submit the information requested below. You must submit the information within 87 (eighty

seven) days to the following address: u.s. Department of Homeland Security, PO Box 648006, Lee's Summit, MO 64064. Failure to do so will result in a denial. Please include this letter with vour response.

You are ineligible for interim employment authorization pursuant to Title 8, Code of Federal Regulations, Section 103.2( )(IO)(ii) until ninety (90) days after the missing initial evidence is received.

All copies must be clear and legible. If you submit a document in any language other than English, it must be submitted with a full English translation. The translator must certifY that the translation is complete and accurate, and that he or she is competent to translate. You must submit both the foreign language document and the English translation.

F.0

(II) We are unable to determine if your household income meets or exceeds 125% of the federal poverty line for the household size claimed on Form 1-864 based on the documents submitted with Form 1-864. Submit proof that the petitioner's household income meets or exceeds 125% of the federal poverty line. If the petitioner's household income does not meet or exceed 125% of the federal poverty line, you must obtain one joint sponsor whose household income meets or exceeds 125% of the federal poverty line for the joint sponsor's household size. If required, the joint sponsor must submit the documents listed below and a completed and signed Form 1-864.

. Federal income tax returns and W-2s for the most recent tax year or certified Internal Revenue Service (IRS) copies. To obtain return transcripts of your income tax records 1T0m the IRS, you may complete Form 4506- T, Request for Transcript of Tax Return, found on the Internet at http://www.irs.gov/ or call toll-lTee (800) 829-1040 to order a "Return Transcript." If the sponsor was not required to file a federal tax return for the most recent tax year, the sponsor must provide an explanation as to why slhe was not required to file federal income taxes.

. Evidence of current employment or self-employment including a letter 1T0m each employer on business stationery, showing beginning date of employment, type of work performed, number of hours worked per week, and salary or wages paid. If you are self-employed, submit a recently dated letter on business letterhead or a business license.

I called the Infoline and told them what we had received and asked if this was because we didn't send in my hubby's 2005 tax returns. She said yes. So, off I sent them.

Then I see Silvers post and I wonder the same thing. My husband had his own business for the past 5 years. He filled out a Schedule C, and 1040.

On his schedule C, Part I (income), line 7 "Gross Income" is above the poverty guidelines, but line 22 on his 1040, as I have seen posted as the line to look for, is HALF of the poverty requirement. It was a small business-very small.

Now, my question is, if we were supposed to get a co-sponsor for this FRE, and NOT send in his 2005 taxes, how did I get past the Consulate stage?? I had to submit 3 years' of tax returns, all of which looked similar to this one, and there was no problem.

I am trying to reassure myself that they did in fact just want his tax returns and not a co-sponsor.

If nothing in his finances has changed, why would we need a co-sponsor now? I'm assuimg we wouldn't.

I am posting here to see what the general consensus is because if we have in fact sent back our RFE NOT containing what they wanted (co-sponsor) then I'm in big trouble and probably need to make an INFOPASS appointment.

But before I jusmp to conclusions and go run to Boston for Infopass, I thought I would post here.

It just doesn't make sense to me that they would ask for a co-sponsor now and not before I got here when the income is the same.

Thoughts?? I know it's a long post, but I need to get a good amount of feedback. This will determine whether or not I do INFOPASS. I don't want to get my AOS denied just because they couldn't tell me what they wanted on the RFE and the MisInformation line confirmed it.

Thanks all, I'm a little worried right now.

Edited May 18, 2006 by Yodrak

[canucker18 0]

So I will wait, and hope I get another RFE instead of a denial.

I'm taking it that's the idea?

I agree and understand your statement about business owners. It makes sense.

My main concern was getting a denial letter without being given the opportunity to get a co-sponsor.

I'm assuming that I will need to wait for another RFE, and I can't just send them more info with my photocopied RFE sheet? Including the co-sponsor.

[Yodrak 7]

Jenn,

Aside from providing a most-recent tax return, your situation is significantly different from canucker's.

What's important is current income and the sustainability of that income. Past income can be an indicator of sustainability. The fact that you've had steady income from employment in the past is good, and the fact that it was foreign earned and therefore not taxable up to the FEI exclusion level is not a negative.

Income does not have to be taxable to 'count'. Nor does it have to be income from employment. It does have to be your income (which is canucker's problem).

Yodrak

We had a similar issue I think, well we got the exact same RFE letter as you. My thought was that they must want 2005 taxes, but just like you, after reading that they look at line 22 to determine your income, I thought maybe the problem be that my line 22 showed "0". My 2004 and 2005 income was foreign earned, and therefore excluded from line 22, although it is accounted for on line 7 (wages). In the RFE response, I sent a copy of my 2005 taxes and W2, as well as a cover letter noting that my income was not taxable, as evident from my 1040, but that my W2s clearly show that my wages were well above the poverty level. Our case was updated online as response received, and I'm hoping that what I sent was sufficient for them to determine that my income is indeed high enough.

On another note, I'm about to post about our interim EAD infopass experience in Boston in the working & traveling forum...

Jenn

[Jenn! 918]

Right.

I mentioned my case only because I got the impression from reading the posts in this thread (or maybe the other one, I can't remember now) that USCIS only looks at line 22, and if it's not above the poverty level, then you'll need a co-sponsor. I'm hoping that's not really the case.

Jenn,

Aside from providing a most-recent tax return, your situation is significantly different from canucker's.

What's important is current income and the sustainability of that income. Past income can be an indicator of sustainability. The fact that you've had steady income from employment in the past is good, and the fact that it was foreign earned and therefore not taxable up to the FEI exclusion level is not a negative.

Income does not have to be taxable to 'count'. Nor does it have to be income from employment. It does have to be your income (which is canucker's problem).

Yodrak

We had a similar issue I think, well we got the exact same RFE letter as you. My thought was that they must want 2005 taxes, but just like you, after reading that they look at line 22 to determine your income, I thought maybe the problem be that my line 22 showed "0". My 2004 and 2005 income was foreign earned, and therefore excluded from line 22, although it is accounted for on line 7 (wages). In the RFE response, I sent a copy of my 2005 taxes and W2, as well as a cover letter noting that my income was not taxable, as evident from my 1040, but that my W2s clearly show that my wages were well above the poverty level. Our case was updated online as response received, and I'm hoping that what I sent was sufficient for them to determine that my income is indeed high enough.

On another note, I'm about to post about our interim EAD infopass experience in Boston in the working & traveling forum...

Jenn

[canucker18 0]

I should add to this post that in Dec of 05, my husband stopped his business and got a full time job that makes over the poverty line. He realized he would need to do this to ensure our income for the long run.

We DID include a letter from this new employer with our original I864 as it was part of the requirement-letter from employer.

Perhaps that will count for us, as they will see that his income from now on will meet it.

I guess I wait now.

Edited May 18, 2006 by canucker18

[Yodrak 7]

canucker,

I do wish that people would tell the full story in the begining. Not only would it give the questioner the information they actually need, it would save responders a lot of time and effort by not providing inappropriate advice when they could be giving appropriate advice.

I feel much better about your situation now. Both your immigration situation and your living situation.

Yodrak

I should add to this post that in Dec of 05, my husband stopped his business and got a full time job that makes over the poverty line. He realized he would need to do this to ensure our income for the long run.

We DID include a letter from this new employer with our original I864 as it was part of the requirement-letter from employer.

Perhaps that will count for us, as they will see that his income from now on will meet it.

I guess I wait now.

[canucker18 0]

Yodrak, I didn't really think anyone took it too personally, and I wasn't so sure if us sending in a letter from his new employer would warrant anything with USCIS.

It's nice to know there are those out there who genuinely care. I am going to wait and see what happens with the response we sent to our RFE. My employer to be has the state rep. working with them to see if they can help me out.

Again, thanks for the help all. I'm feeling a little better this evening even though things are still uncertain.

I will keep you all updated.

By the way, I got 5 emails today that they sent us out an RFE.....the RFE we already got! Unless they sent another which is unlikely.

[sukie175 0]

Hi Canucker,

I have to agree with Yodrak, you needed to tell us the full picture about your husband changing his job. In view of that I also feel much better that you will be ok after sending his employers letter

Let us know

[canucker18 0]

Thanks Sukie, and I am sorry to you both. I really didn't think USCIS would care much about the possible future, but would only base their opinion on the past.

We sent the employer letter with our initial AOS package, so let's hope the 2005 taxes will do it. If they bother to do the math they will see he is making over the 125% but I have no idea if they will...what do you think??

I am taking yours and Yodraks advice and waiting and hoping that we can just move along. I am very thankful for the people here who help all of us through the rough patches-as we know there can be many.