Help needed, Denied I-485

[murrellal 0]

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.....

.

I am not trying to make problems here, just questioning. That's it. The go home part you said, I really doubt that will happen. I just need to pay the $585 and the I-290B with the new joint sponsor and it will be golden. First, I want to include the free attorney to see what they say and in turn may help people in the future that have a similar situation as I do. I am taking advice bu,t in the internet forum arena, I always need to digest what is on here and then make a decision that is intelligent, researched and one that I feel comfortable with.

[murrellal 0]

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?

I gave them three years worth of Taxes and Schedule C's. I mad way over the Federal Poverty Level in the previous years.

Yes, I called the 1-800 number and got the answer there...

[murrellal 0]

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.

I am done with you calling me out as a victim, easy to do so on the internet... I will just post the outcome of this case. Thanks everyone for your help.

[payxibka 10,045]

I am done with you calling me out as a victim, easy to do so on the internet... I will just post the outcome of this case. Thanks everyone for your help.

To the contrary... I am telling you to STOP with the victim idea (I am going to the press with this, it fell through the cracks) and get your act together so you can get the solution you need...

[Brettanne 1]

I made 9,000 last year. My situation is that I want to keep my adjusted gross income low to avoid a high tax bracket. I do that by investing in my business, in items that improve sales. Increasing sales, then I can grow and hire more people, etc... Plus, I hit the 11 year mark so I had to repurchase a lot of restaurant equipment. I don't have many assets besides my restaurant because I went through a divorce over three years ago. Had to give absolutely everything away to keep my business.

The fear is gone now and I now have knowledge and faith. I am ready to fight this now. My head is clear and I am starting to build a game plan thanks to everyone on here and a lot of due diligence. Since I am so-called poor, I have contacted free immigration legal aid.

The USCIS issued her a K-1 visa and required us to both have signed intentions of marriage before they gave her the visa. They gave us permission to get married. It has gone from being a devastating denial letter to a journey, just like the k-1 visa, that can bring us even closer together.

You didnt review the poverty guidelines first before you file your AOS, and find out if you need a joint sponsor.

http://www.uscis.gov/files/form/I-864P.pdf

[murrellal 0]

I am done with you calling me out as a victim, easy to do so on the internet... I will just post the outcome of this case. Thanks everyone for your help.

To the contrary... I am telling you to STOP with the victim idea (I am going to the press with this, it fell through the cracks) and get your act together so you can get the solution you need...

I appreciate your help and guidance but I think you are underestimating where I am on this situation. The final plan if all else failed would be to blow this up by involving the media and I am only at the beginning of this problem so that can change drastically.

I do truly feel my case has slipped through the cracks, but first things first. I figured out the best thing from my Dad, and that was to get FREE IMMIGRATION LEGAL AID in the form of an attorney. Locally, we have three non-profit companies that do this exact thing. That is step one, until I do that I don't know what step two will be. I have other plans for backup, but don't need to go there yet.

Edited May 16, 2009 by murrellal

[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?

I gave them three years worth of Taxes and Schedule C's. I mad way over the Federal Poverty Level in the previous years.

Yes, I called the 1-800 number and got the answer there...

Regards the I-800 number, it's long been known around here as the "Misinformation Line". They don't call it that for nothing. I've called them myself - anything they tell me I research after the fact.

Regards your tax returns - I'm curious what you mean when you say you sent "three years worth of Taxes and Schedule C's". Did you send the ENTIRE return? With attachments? Including ANY W-2's (if you had any?) If you didn't send ENTIRE COMPLETE returns (whether you qualify or not) they can kick out the affidavit right there.

If so - then you were originally on the right track but left out a step I would have taken. I would have EXPLAINED in an attachment why I was sending three years. In other words, I would have pointed out to them that my most recent return showed income considerably lower than other years because of capital investments. I would have pointed out to them that this could be proven by finding said investments on the Schedule C.

I know I said to you that they can read a tax return and understand trending and averaging. But as in any scenario where one is reaching outside the normal qualifiers, it doesn't hurt to lead the horse to water.

I had an unusual scenario with my affidavit when sponsoring my husband. When I submitted it, I explained all my logic in an attachment to the affidavit. I also included a joint sponsors affidavit (in case they didn't like mine) and I also EXPLAINED that I hoped they would find my affidavit suitable, but if not - here was another. I was successful in having the joint sponsors affidavit handed back to me at the face-to-face interview.

Edited May 16, 2009 by rebeccajo

[bantam 0]

Your case would have slipped through the cracks if they approved you while you were under the poverty line.

[murrellal 0]

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?

I gave them three years worth of Taxes and Schedule C's. I mad way over the Federal Poverty Level in the previous years.

Yes, I called the 1-800 number and got the answer there...

Regards the I-800 number, it's long been known around here as the "Misinformation Line". They don't call it that for nothing. I've called them myself - anything they tell me I research after the fact.

Regards your tax returns - I'm curious what you mean when you say you sent "three years worth of Taxes and Schedule C's". Did you send the ENTIRE return? With attachments? Including ANY W-2's (if you had any?) If you didn't send ENTIRE COMPLETE returns (whether you qualify or not) they can kick out the affidavit right there.

If so - then you were originally on the right track but left out a step I would have taken. I would have EXPLAINED in an attachment why I was sending three years. In other words, I would have pointed out to them that my most recent return showed income considerably lower than other years because of capital investments. I would have pointed out to them that this could be proven by finding said investments on the Schedule C.

I know I said to you that they can read a tax return and understand trending and averaging. But as in any scenario where one is reaching outside the normal qualifiers, it doesn't hurt to lead the horse to water.

I had an unusual scenario with my affidavit when sponsoring my husband. When I submitted it, I explained all my logic in an attachment to the affidavit. I also included a joint sponsors affidavit (in case they didn't like mine) and I also EXPLAINED that I hoped they would find my affidavit suitable, but if not - here was another. I was successful in having the joint sponsors affidavit handed back to me at the face-to-face interview.

I submitted all three years 1040 along with the schedule C. I did write a letter both times, first with the taxes and the second time with my assets.

I appreciate your help and I should have done what you did by including a I-864 from my joint sponsor with the list of assets...

I am now getting off of here because I am more stressed over this posting on the forum than the actual immigration case. My wife is Filipina and is used to problems with paperwork and getting let down. She calls it a "Requirement", and we just need to work through it. In 11 years of owning a restaurant I have employed legal immigrant who had major problems with their papers and they all worked through it and are still here legally. There cases looked much worse than mine.

[murrellal 0]

Your case would have slipped through the cracks if they approved you while you were under the poverty line.

I fulfilled the requirements with the K-1 that was approved by the DOS in Manila, thus giving us a visa and permission to get married on American soil. After we got married now I don't fit the financial requirements and my wife is illegally in the country. It's harsh. But now we are moving forward.