Help needed, Denied I-485

[murrellal 0]

I have been self employed for 17 years. AGI worked for me! I just had to show three years of returns with my I-134 for USEM, and my latest return with my I-864 for her AOS. Something is messed up. See a lawyer.

Years of self employment don't count I have 21 they don't care!! if you have a low AGI they can tell you sorry you had a bad year.

2004, 2005, 2006 was good that is how I got the K-1 approved. 2007 with all the capital improvements is what put the nail in my coffin.

[payxibka 10,045]

Thanks for the information. First step is to see an attorney that the immigration legal aid will appoint. Then go from there.

Jumping ahead... If it did come down to her getting taken, i would contact every local news agency and state representative and blow this story up. Problem is, every couple that is going through this process is unique and we have our own situation. USCIS needs to understand this. They need to hire competent people that can think outside the box and have the rules to allow their employees to do this.

I am just saying that the person who denied my I-485 did not look at the whole picture and when my assets where denied, did not give me chance to send in a joint sponsor's I-864. They expect me to fork over $585 and I may but for now, the government will be paying for this "under poverty level" couple by giving us free legal aid. Hopefully the attorney will see this and contact the person who denied my case. But now one step at a time...

They are given adjudication rules... it is plain and simple... you meet the rules you get approved... if you don't you get denied... these people are not financial or accounting types.... you cannot ask them to know the idiosyncrasies of being self employed. The income standard is widely published so it should not have been a surprise when you submitted income below the threshold. In addition, they did give you a chance... you chose to go with assets instead of a co-sponsor. You chose that route and it failed.... You need to understand you have culpability here...

[I AM NOT THAT GUY 5,715]

Thanks for the information. First step is to see an attorney that the immigration legal aid will appoint. Then go from there.

Jumping ahead... If it did come down to her getting taken, i would contact every local news agency and state representative and blow this story up. Problem is, every couple that is going through this process is unique and we have our own situation. USCIS needs to understand this. They need to hire competent people that can think outside the box and have the rules to allow their employees to do this.

I am just saying that the person who denied my I-485 did not look at the whole picture and when my assets where denied, did not give me chance to send in a joint sponsor's I-864. They expect me to fork over $585 and I may but for now, the government will be paying for this "under poverty level" couple by giving us free legal aid. Hopefully the attorney will see this and contact the person who denied my case. But now one step at a time...

They are given adjudication rules... it is plain and simple... you meet the rules you get approved... if you don't you get denied... these people are not financial or accounting types.... you cannot ask them to know the idiosyncrasies of being self employed. The income standard is widely published so it should not have been a surprise when you submitted income below the threshold. In addition, they did give you a chance... you chose to go with assets instead of a co-sponsor. You chose that route and it failed.... You need to understand you have culpability here...

That is my thinking. The capital improvements could have been managed better to show the necessary income. I wonder if the returns could be reworked and amended to show enough income. I am just throwing that out there. Maybe you are too far down the road for that.

[Dakine 26]

Thanks for the information. First step is to see an attorney that the immigration legal aid will appoint. Then go from there.

Jumping ahead... If it did come down to her getting taken, i would contact every local news agency and state representative and blow this story up. Problem is, every couple that is going through this process is unique and we have our own situation. USCIS needs to understand this. They need to hire competent people that can think outside the box and have the rules to allow their employees to do this.

I am just saying that the person who denied my I-485 did not look at the whole picture and when my assets where denied, did not give me chance to send in a joint sponsor's I-864. They expect me to fork over $585 and I may but for now, the government will be paying for this "under poverty level" couple by giving us free legal aid. Hopefully the attorney will see this and contact the person who denied my case. But now one step at a time...

They are given adjudication rules... it is plain and simple... you meet the rules you get approved... if you don't you get denied... these people are not financial or accounting types.... you cannot ask them to know the idiosyncrasies of being self employed. The income standard is widely published so it should not have been a surprise when you submitted income below the threshold. In addition, they did give you a chance... you chose to go with assets instead of a co-sponsor. You chose that route and it failed.... You need to understand you have culpability here...

That is my thinking. The capital improvements could have been managed better to show the necessary income. I wonder if the returns could be reworked and amended to show enough income. I am just throwing that out there. Maybe you are too far down the road for that.

Pretty basic. Shouldn't have taken all the write offs and met the financial requirements. Could always amend later.

[murrellal 0]

They are given adjudication rules... it is plain and simple... you meet the rules you get approved... if you don't you get denied... these people are not financial or accounting types.... you cannot ask them to know the idiosyncrasies of being self employed. The income standard is widely published so it should not have been a surprise when you submitted income below the threshold. In addition, they did give you a chance... you chose to go with assets instead of a co-sponsor. You chose that route and it failed.... You need to understand you have culpability here...

I am not a victim here, I do have "culpability." I chose to go through with the fiance visa process, knowing that the USCIS is not 100% flawless and could and should be simplified, especially for US citizens who fall in love with someone overseas. I am just saying that sometimes certain cases can just fall through the cracks, and I feel i am just one of them.

"you chose to go with assets instead of a co-sponsor. You chose that route and it failed.... " Pretty harsh. Come on, we all know this a profit center for them especially my case where they deny it and know I will get the joint-sponsor and they will make $585 bucks. It didn't say pick one or you lose your wife.

[sjr09 155]

Thanks for the information. First step is to see an attorney that the immigration legal aid will appoint. Then go from there.

Jumping ahead... If it did come down to her getting taken, i would contact every local news agency and state representative and blow this story up. Problem is, every couple that is going through this process is unique and we have our own situation. USCIS needs to understand this. They need to hire competent people that can think outside the box and have the rules to allow their employees to do this.

I am just saying that the person who denied my I-485 did not look at the whole picture and when my assets where denied, did not give me chance to send in a joint sponsor's I-864. They expect me to fork over $585 and I may but for now, the government will be paying for this "under poverty level" couple by giving us free legal aid. Hopefully the attorney will see this and contact the person who denied my case. But now one step at a time...

They are given adjudication rules... it is plain and simple... you meet the rules you get approved... if you don't you get denied... these people are not financial or accounting types.... you cannot ask them to know the idiosyncrasies of being self employed. The income standard is widely published so it should not have been a surprise when you submitted income below the threshold. In addition, they did give you a chance... you chose to go with assets instead of a co-sponsor. You chose that route and it failed.... You need to understand you have culpability here...

Can you show any form that talks about AGI threshold? ahhh no! or even S.C.? ahhhh no, his gross is over P.G. Sorry but they are not widely published as you say. And you really don't know what your talking about. If they are looking at his S.C. on his tax return then they are "financial types"

[murrellal 0]

Pretty basic. Shouldn't have taken all the write offs and met the financial requirements. Could always amend later.

Pretty basic? Schedule C's can be pretty complicated and they were necessary improvements. Anyways, that is history and now I am moving forward.

[payxibka 10,045]

I am not a victim here, I do have "culpability." I chose to go through with the fiance visa process, knowing that the USCIS is not 100% flawless and could and should be simplified, especially for US citizens who fall in love with someone overseas. I am just saying that sometimes certain cases can just fall through the cracks, and I feel i am just one of them.

"you chose to go with assets instead of a co-sponsor. You chose that route and it failed.... " Pretty harsh. Come on, we all know this a profit center for them especially my case where they deny it and know I will get the joint-sponsor and they will make $585 bucks. It didn't say pick one or you lose your wife.

I am not defending the USCIS as they are not 100% flawless and things I imagine could be easier. However, I think you are somehow laying blame on the USCIS where it seems they did not do anything wrong as it relates to the processing of the application. As far as I can tell it did not fall through the cracks... What cracks do you think it went through? The known process is that you are give one chance to "cure" any fault in the application. You are not the first one who has experienced this.... There was a gal from Moldova who had the same issue... they failed on the I-64 evidence... You should consult with them as I believe they finally managed to get through it.

Edited May 16, 2009 by payxibka

[I AM NOT THAT GUY 5,715]

Thanks for the information. First step is to see an attorney that the immigration legal aid will appoint. Then go from there.

Jumping ahead... If it did come down to her getting taken, i would contact every local news agency and state representative and blow this story up. Problem is, every couple that is going through this process is unique and we have our own situation. USCIS needs to understand this. They need to hire competent people that can think outside the box and have the rules to allow their employees to do this.

I am just saying that the person who denied my I-485 did not look at the whole picture and when my assets where denied, did not give me chance to send in a joint sponsor's I-864. They expect me to fork over $585 and I may but for now, the government will be paying for this "under poverty level" couple by giving us free legal aid. Hopefully the attorney will see this and contact the person who denied my case. But now one step at a time...

They are given adjudication rules... it is plain and simple... you meet the rules you get approved... if you don't you get denied... these people are not financial or accounting types.... you cannot ask them to know the idiosyncrasies of being self employed. The income standard is widely published so it should not have been a surprise when you submitted income below the threshold. In addition, they did give you a chance... you chose to go with assets instead of a co-sponsor. You chose that route and it failed.... You need to understand you have culpability here...

Can you show any form that talks about AGI threshold? ahhh no! or even S.C.? ahhhh no, his gross is over P.G. Sorry but they are not widely published as you say. And you really don't know what your talking about. If they are looking at his S.C. on his tax return then they are "financial types"

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

[payxibka 10,045]

Can you show any form that talks about AGI threshold? ahhh no! or even S.C.? ahhhh no, his gross is over P.G. Sorry but they are not widely published as you say. And you really don't know what your talking about. If they are looking at his S.C. on his tax return then they are "financial types"

125% of the Federal poverty level is the widely PUBLISHED guideline.... FWIW, they are NOT looking at his Schedule C, they are looking at Line 22 of the 1040. You don't need to be a financial type to locate one number on a tax return...

[murrellal 0]

Can you show any form that talks about AGI threshold? ahhh no! or even S.C.? ahhhh no, his gross is over P.G. Sorry but they are not widely published as you say. And you really don't know what your talking about. If they are looking at his S.C. on his tax return then they are "financial types"

125% of the Federal poverty level is the widely PUBLISHED guideline.... FWIW, they are NOT looking at his Schedule C, they are looking at Line 22 of the 1040. You don't need to be a financial type to locate one number on a tax return...

It is stated in the I-864 directions to include your schedule C so they probably are looking at it... Or the more I understand them maybe they aren't.

I am not a victim here, I do have "culpability." I chose to go through with the fiance visa process, knowing that the USCIS is not 100% flawless and could and should be simplified, especially for US citizens who fall in love with someone overseas. I am just saying that sometimes certain cases can just fall through the cracks, and I feel i am just one of them.

"you chose to go with assets instead of a co-sponsor. You chose that route and it failed.... " Pretty harsh. Come on, we all know this a profit center for them especially my case where they deny it and know I will get the joint-sponsor and they will make $585 bucks. It didn't say pick one or you lose your wife.

I am not defending the USCIS as they are not 100% flawless and things I imagine could be easier. However, I think you are somehow laying blame on the USCIS where it seems they did not do anything wrong as it relates to the processing of the application. As far as I can tell it did not fall through the cracks... What cracks do you think it went through? The known process is that you are give one chance to "cure" any fault in the application. You are not the first one who has experienced this.... There was a gal from Moldova who had the same issue... they failed on the I-64 evidence... You should consult with them as I believe they finally managed to get through it.

Where does it say IN WRITING that you are given one chance on a RFE???

[sjr09 155]

Can you show any form that talks about AGI threshold? ahhh no! or even S.C.? ahhhh no, his gross is over P.G. Sorry but they are not widely published as you say. And you really don't know what your talking about. If they are looking at his S.C. on his tax return then they are "financial types"

125% of the Federal poverty level is the widely PUBLISHED guideline.... FWIW, they are NOT looking at his Schedule C, they are looking at Line 22 of the 1040. You don't need to be a financial type to locate one number on a tax return...

Line 22 of 1040 is not your AGI or is it your Gross

Edited May 16, 2009 by sjr09

[Cino 5]

Before you trust lawyers, trust yourself first. Haven't you heard that "Lawyers are liars".

They don't give a damn about you get your GC or not, they are only after your money.

This is my personal opinion, you believe whatever you want to believe.

[Cino 5]

In your dictionary, everything is No & Negative. I guess you are still angry from previous post.

That is normal.. You will get over it

[murrellal 0]

Before you trust lawyers, trust yourself first. Haven't you heard that "Lawyers are liars".

They don't give a damn about you get your GC or not, they are only after your money.

This is my personal opinion, you believe whatever you want to believe.

I agree that some lawyers have stretched the truth so much that they don't even know the truth anymore.

Our legal system is a lot like Asia, where I have lived and travel to a lot, but Asia is more in your face with bribes. Which means you can get results fast. Here we have to hire lawyers to get results.