Help needed, Denied I-485

[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

Ok they have to look at your Schedule C Profit or Loss From Business why you ask, cuz where on the 1040 page one and two can you find your Gross receiptes or sales THIS IS YOUR GROSS Part 1 line 1. Your AGI is on your 1040 page 1 Line 37 and your AGI is part of your Expences part 2 of you S.C.

[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...

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

Your I-864 is judges based on your Total PERSONAL Income. One document that indicates this is your Form 1040. It is NOT "Adjusted Gross Income" and it certainly is NOT TOTAL GROSS RECEIPTS as indicated on your Schedule C. Total Gross Receipts is the "income" to support your BUSINESS... and its BUSINESS expenses, the NET of which is available for PERSONAL use...

[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...

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

Ok they have to look at your Schedule C Profit or Loss From Business why you ask, cuz where on the 1040 page one and two can you find your Gross receiptes or sales THIS IS YOUR GROSS Part 1 line 1. Your AGI is on your 1040 page 1 Line 37 and your AGI is part of your Expences part 2 of you S.C.

GROSS BUSINESS INCOME.... sheesh... get it through your head... You can argue with me all you want and it won't help the OP nor will it change how the USCIS reviews the I-864.

[payxibka 10,045]

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

So you don't believe something if it is not in writing? anecdotal and other individuals experiences would indicate this....

[rebeccajo 14]

Guys guys guys! *blows whistle*

Here's where a little bit of research (before filing any document with USCIS/DOS) is critical. I think we need to have an exercise in calculating self-employment income. The thread may answer some questions for the OP - it will be beneficial for readers now and in the future.

First, here's a copy & paste directly from the instructions for the I864 itself:

You must provide either an IRS transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year. If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopiesof your Federal individual income tax returns for the three most recent years.

This instruction should be a clue to the self-employed individual. It's also a clue that proves USCIS is indeed willing to use the same methods applied by banks and other financial entities of trending income.

Here's a great link for anyone who is processing an I864. It's a lengthy interoffice memo to adjudicators which explains the changes to the I864 that took place in 2006. It is not all-encompassing but it explains IN WRITING to adjudicators the proper way to calculate and analyze the document.

http://www.uscis.gov/files/pressrelease/AffSuppAFM062706.pdf

Payxibka is correct in that Line 22 of the 1040 is where adjudicators look at the income. This holds true for the self employed as well the normal everyday wage earners. Here's another copy & paste from that directive:

(D) Federal Tax Return(s). No matter whether a sponsor submits Form I-864 or I-864EZ, the sponsor must provide a copy or an IRS-generated transcript of the sponsor’s Federal income tax return for the sponsor’s most recent tax year. Each Federal tax return must include all the supplements and attachments that were sent to the IRS with the tax return. For purposes of demonstrating means to maintain income, the determining income amount is the income, before deductions, on the sponsor’s income tax return. In other words, income means an individual's total income (adjusted gross income for those who file IRS Form 1040EZ) for purposes of the individual's U.S. Federal income tax liability, including a joint income tax return (e.g., line 22 on the 2005 IRS Form 1040, line 15 on the 2005 IRS Form 1040-A, or line 4 on the 2005 IRS Form 1040EZ or the corresponding line on any future revision of these IRS Forms).

This makes sense. As payxibka says, that's the figure where personal income resides. Despite some contentions in this thread, USCIS is sophisticated enough to read a tax return and understand that it is on this line of the tax return where CASH resides. As most prudent self-employed person do make choices to re-invest their income in their business in order for it to remain viable, the best way to prove consistency of income is through trending, which involves producing the last three years of tax returns and averaging the Line 22 figure from those three years.

[murrellal 0]

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

So you don't believe something if it is not in writing? anecdotal and other individuals experiences would indicate this....

Cut the big words. You send like a Democrat on Fox News... :) Just answer my question, yes or no?

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

I was told on the phone by a USCIS that if I didn't satisfy this I would get another RFE and I could then include a Joint Sponsor. So... That is hwere I think I fell through the cracks, but oh wait you want me to have "culpability".

[rebeccajo 14]

Here it is, Murrellal - in writing (from the June 2006 USCIS memo I linked above):

IMPORTANT: USCIS may encounter a case in which the sponsor (i.e., a petitioning sponsor, substitute sponsor, or joint sponsor) neglected to file evidence corroborating the sponsor’s claims about his or her employment and anticipated income for the year in which the sponsor signed the Form I-864. Strictly speaking, failure to submit this evidence would be a sufficient reason to issue a request for evidence and to deny the Form I-485 if the requested evidence is not submitted. Before issuing a request for evidence, however, USCIS should consider whether other evidence in the record supports the conclusion that the sponsor’s claims on the Form I-864 about the sponsor’s current employment and anticipated income are true. Remember, the sponsor’s statements about his or her employment and anticipated income are made under penalty of perjury. Thus, these statements on the Form I-864 are themselves evidence.

Edited May 16, 2009 by rebeccajo

[murrellal 0]

Guys guys guys! *blows whistle*

Here's where a little bit of research (before filing any document with USCIS/DOS) is critical. I think we need to have an exercise in calculating self-employment income. The thread may answer some questions for the OP - it will be beneficial for readers now and in the future.

First, here's a copy & paste directly from the instructions for the I864 itself:

You must provide either an IRS transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year. If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopiesof your Federal individual income tax returns for the three most recent years.

This instruction should be a clue to the self-employed individual. It's also a clue that proves USCIS is indeed willing to use the same methods applied by banks and other financial entities of trending income.

Here's a great link for anyone who is processing an I864. It's a lengthy interoffice memo to adjudicators which explains the changes to the I864 that took place in 2006. It is not all-encompassing but it explains IN WRITING to adjudicators the proper way to calculate and analyze the document.

http://www.uscis.gov/files/pressrelease/AffSuppAFM062706.pdf

Payxibka is correct in that Line 22 of the 1040 is where adjudicators look at the income. This holds true for the self employed as well the normal everyday wage earners. Here's another copy & paste from that directive:

(D) Federal Tax Return(s). No matter whether a sponsor submits Form I-864 or I-864EZ, the sponsor must provide a copy or an IRS-generated transcript of the sponsor’s Federal income tax return for the sponsor’s most recent tax year. Each Federal tax return must include all the supplements and attachments that were sent to the IRS with the tax return. For purposes of demonstrating means to maintain income, the determining income amount is the income, before deductions, on the sponsor’s income tax return. In other words, income means an individual's total income (adjusted gross income for those who file IRS Form 1040EZ) for purposes of the individual's U.S. Federal income tax liability, including a joint income tax return (e.g., line 22 on the 2005 IRS Form 1040, line 15 on the 2005 IRS Form 1040-A, or line 4 on the 2005 IRS Form 1040EZ or the corresponding line on any future revision of these IRS Forms).

This makes sense. As payxibka says, that's the figure where personal income resides. Despite some contentions in this thread, USCIS is sophisticated enough to read a tax return and understand that it is on this line of the tax return where CASH resides. As most prudent self-employed person do make choices to re-invest their income in their business in order for it to remain viable, the best way to prove consistency of income is through trending, which involves producing the last three years of tax returns and averaging the Line 22 figure from those three years.

All this copy and paste and I think you should have added this, directions from the I-864:

"If you checked box 22(B) (self-employed), you should havecompleted one of the following forms with your Federalincome tax return: Schedule C (Profit or Loss from Business),Schedule D (Capital Gains), Schedule E (SupplementalIncome or Loss) or Schedule F (Profit or Loss from Farming).You must include each and every Form 1040 Schedule, if any,that you filed with your Federal tax return."

Line 22 is actually "Total Income" and is higher than "Adjusted Gross Income" so I should have had more of a chance of satisfying the USCIS. If they would have done any trending I would have made it over the Federal Poverty Level.

[murrellal 0]

Here it is, Murrellal - in writing (from the June 2006 USCIS memo I linked above):

IMPORTANT: USCIS may encounter a case in which the sponsor (i.e., a petitioning sponsor, substitute sponsor, or joint sponsor) neglected to file evidence corroborating the sponsor’s claims about his or her employment and anticipated income for the year in which the sponsor signed the Form I-864. Strictly speaking, failure to submit this evidence would be a sufficient reason to issue a request for evidence and to deny the Form I-485 if the requested evidence is not submitted. Before issuing a request for evidence, however, USCIS should consider whether other evidence in the record supports the conclusion that the sponsor’s claims on the Form I-864 about the sponsor’s current employment and anticipated income are true. Remember, the sponsor’s statements about his or her employment and anticipated income are made under penalty of perjury. Thus, these statements on the Form I-864 are themselves evidence.

"USCIS may encounter a case in which the sponsor (i.e., a petitioning sponsor, substitute sponsor, or joint sponsor) neglected to file evidence corroborating the sponsor’s claims about his or her employment and anticipated income for the year in which the sponsor signed the Form I-864. Strictly speaking, failure to submit this evidence would be a sufficient reason to issue a request for evidence and to deny the Form I-485 if the requested evidence is not submitted."

I understand this, read my posts and you will see...

The rest seems more like a false claim or perjury. I stated the truth with documents and told them I could submit a joint sponsor and they said it is not necessary at this time.

[rebeccajo 14]

Line 22 is actually "Total Income" and is higher than "Adjusted Gross Income" so I should have had more of a chance of satisfying the USCIS. If they would have done any trending I would have made it over the Federal Poverty Level.

Exactly. But you have to give them more than one tax return to review in order for that to happen.

Was Line 22 over the levels for 2008?

The rest seems more like a false claim or perjury. I stated the truth with documents and told them I could submit a joint sponsor and they said it is not necessary at this time.

And you got this information from - where? Calling the I-800 number?

[SuperDuper! 230]

We would like to avoid an attorney if at all possible.

I assume that you have heard this saying: A man who represents himself has a fool for a client.

This is no time to be looking to save money. I'd go find a lawyer TODAY and get on this right away, it may take time to file things and get appointments so don't wait.

You are correct. This guy can NOT NOT afford to get a lawyer. He needs some big guns in his corner immediately. If he wants to keep wifey, now is NOT the time to cheap out. Go big or go home!

[john & jean 37]

We would like to avoid an attorney if at all possible.

I assume that you have heard this saying: A man who represents himself has a fool for a client.

This is no time to be looking to save money. I'd go find a lawyer TODAY and get on this right away, it may take time to file things and get appointments so don't wait.

You are correct. This guy can NOT NOT afford to get a lawyer. He needs some big guns in his corner immediately. If he wants to keep wifey, now is NOT the time to cheap out. Go big or go home!

probably go home. op seems to not want advice from some of the best available here at vj. no I am not talkin about CINO.....

[payxibka 10,045]

All this copy and paste and I think you should have added this, directions from the I-864:

"If you checked box 22(B) (self-employed), you should havecompleted one of the following forms with your Federalincome tax return: Schedule C (Profit or Loss from Business),Schedule D (Capital Gains), Schedule E (SupplementalIncome or Loss) or Schedule F (Profit or Loss from Farming).You must include each and every Form 1040 Schedule, if any,that you filed with your Federal tax return."

Line 22 is actually "Total Income" and is higher than "Adjusted Gross Income" so I should have had more of a chance of satisfying the USCIS. If they would have done any trending I would have made it over the Federal Poverty Level.

What is your point? They want to see the "source" of your income (Schedules C, D, F, E, 1099) just like they want to see the "source" of a regular wage earners income (W-2). But in the end, they look to LINE 22....

It does not help you to "pizz" at the people here and to continue this line of thinking. You need to organize you arguement in such a way that you will succeed... If you continue with the "injured applicant" and procedural failure tact... YOU WILL FAIL. Find the fact pattern that will get you success.

PS I have never said anything other than Total Income (Line 22). It was another poster that introduced the concept of AGI.

Edited May 16, 2009 by payxibka

[I AM NOT THAT GUY 5,715]

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

Your I-864 is judges based on your Total PERSONAL Income. One document that indicates this is your Form 1040. It is NOT "Adjusted Gross Income" and it certainly is NOT TOTAL GROSS RECEIPTS as indicated on your Schedule C. Total Gross Receipts is the "income" to support your BUSINESS... and its BUSINESS expenses, the NET of which is available for PERSONAL use...

I stand corrected, line 22. Total Income, not AGI.

[I AM NOT THAT GUY 5,715]

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

Your I-864 is judges based on your Total PERSONAL Income. One document that indicates this is your Form 1040. It is NOT "Adjusted Gross Income" and it certainly is NOT TOTAL GROSS RECEIPTS as indicated on your Schedule C. Total Gross Receipts is the "income" to support your BUSINESS... and its BUSINESS expenses, the NET of which is available for PERSONAL use...

I stand corrected, line 22. Total Income, not AGI.

It's in the instructions for I-864:

For purposes of this affidavit, the line for gross (total) income on IRS Forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040 EZ, the line for adjusted gross income will be considered.