I-485 RFE

[4ever mine 9]

Four in the unit size for the 49 contingent states is 27562, not 45500.

typo for the 48 contingent states the unit poverty guidlines is 27562.00 not 45500

[4ever mine 9]

Do you have a copy of the transcripts? Look for the last two lines in the "Income" section of the transcript. They should say "Total Income" and "Total Income Per Computer". The figure on those lines is what USCIS is going to consider as his income.

Many people who are self-employed have very good revenues. This is total amount that would be written on his 1099's, and also entered as "Gross Receipts" on the "Schedule C" portion of the tax transcript. However, the IRS also allows for some very liberal deductions for self-employed people and small business owners. After taking these deductions, their taxable income is usually dramatically lower than their gross receipts. USCIS considers the income after the business deductions have been taken. If the "Total Income" amount on the transcript is below the threshold for the affidavit of support then you'll need a joint sponsor.

Historically speaking, I do not think that the poverty guidelines will increase so much that a famly unit size will be at 45,500.00 in 2011 that a total gross income will be at or above 45,500. for a unit famil size of 4. There has to be something in the tax transcripts after business deductions for a self-employed person.

[Nyosh 5]

Historically speaking, I do not think that the poverty guidelines will increase so much that a famly unit size will be at 45,500.00 in 2011 that a total gross income will be at or above 45,500. for a unit famil size of 4. There has to be something in the tax transcripts after business deductions for a self-employed person.

There is nothing else apart from the 45,500. Does this mean that i will have to get a co-sponsor co the amount is not enough for a household size of 4? Please advice, thanks for your replies.

[Harpa Timsah 13,258]

They said specifically in your RFE that your income amount DOES QUALIFY. You failed to substantiate your claim of employment with a letter or paystubs, hence the RFE. Here is the part of your RFE I quoted the first time

"The petitioner lists their current income as an amount to be considered as sufficient; however no evidence has been submitted as proof of income."

That is fix 1.

Regarding the verbiage about your tax returns, I am not sure. It seems to me that something was missing there if they want you to send "complete tax returns." I would focus your energy on figuring out if you sent a complete tax return (which means all schedules and 1099s and who knows whatever else) for last year. Maybe someone with self-employment experience can help there, I have no idea what a tax return looks like for a self-employed person.

But, I want to repeat, the income is fine and will be fixed by submitting proof of current employment.

Good luck.

[Nyosh 5]

They said specifically in your RFE that your income amount DOES QUALIFY. You failed to substantiate your claim of employment with a letter or paystubs, hence the RFE. Here is the part of your RFE I quoted the first time

"The petitioner lists their current income as an amount to be considered as sufficient; however no evidence has been submitted as proof of income."

That is fix 1.

Regarding the verbiage about your tax returns, I am not sure. It seems to me that something was missing there if they want you to send "complete tax returns." I would focus your energy on figuring out if you sent a complete tax return (which means all schedules and 1099s and who knows whatever else) for last year. Maybe someone with self-employment experience can help there, I have no idea what a tax return looks like for a self-employed person.

But, I want to repeat, the income is fine and will be fixed by submitting proof of current employment.

Good luck.

Thanks Harpa. I will submit proof of current employment. But i dont have copies of the checks for each month. Im wondering what to do about that.

[Harpa Timsah 13,258]

The employment letter is sufficient.

Letter OR paystubs

[4ever mine 9]

There is nothing else apart from the 45,500. Does this mean that i will have to get a co-sponsor co the amount is not enough for a household size of 4? Please advice, thanks for your replies.

read the guidelines as it states that for a family of 4 you need to meet at least 27562. so 45500 is ok but you need to validate your gross income.

read the guidelines as it states that for a family of 4 you need to meet at least 27562. so 45500 is ok but you need to validate your gross income.

I wish you success. Take care!!!

[JimVaPhuong 4,863]

They said specifically in your RFE that your income amount DOES QUALIFY. You failed to substantiate your claim of employment with a letter or paystubs, hence the RFE. Here is the part of your RFE I quoted the first time

"The petitioner lists their current income as an amount to be considered as sufficient; however no evidence has been submitted as proof of income."

Actually, the RFE specifically said that their income does NOT qualify. Read the sentence before the one you quoted:

"The petitioner/sponsor's income on the IRS dos not meet or exceed 125% of the poverty guideline."

This indicates to me that the total income shown on the transcript is not sufficient to qualify. The next sentence implies that the amount they listed on the affidavit of support does qualify, but they submitted no proof of this income that would justify the difference between the amount shown on the tax return and the amount shown on the affidavit of support.

read the guidelines as it states that for a family of 4 you need to meet at least 27562. so 45500 is ok but you need to validate your gross income.

Gross income doesn't count, and that's exactly the problem that bites most self-employed people. It's "total income" that counts. For a person who is self-employed or owns a small business, the business deductions are subtracted from the gross income before carrying the results over to the 1040 and adding the total on line 22.

The problem many self-employed people have is that they take the total amount of money they received during the year and write that on line 23 of the affidavit of support. USCIS gets the affidavit and sees that the total income figure on line 22 of the tax return, or the "TOTAL INCOME" figure on the tax transcript, is substantially lower than what the sponsor wrote on the I-864. They send an RFE exactly like the one the OP got, stating that their income on the IRS transcript isn't sufficient, but their affidavit indicates their income IS sufficient, and they want proof of where the extra stated income is coming from. In many cases, there IS no extra income. The sponsor just wrongly presumed that their gross income was what they were supposed to write on the affidavit.

I have a strong suspicion that the OP is either looking at the wrong line on the transcript, or the IO seriously screwed up when reading it. The latter is less likely because IO's look at tax transcripts every day, so they know what to look for.

[Harpa Timsah 13,258]

Yeah, you're right. I thought it was a generic "does not meet 125%" because it can't be verified without the letter. I didn't read "on the IRS" part. (Bad girl!) It may also be that their total income is less than what they say because of many deductions. Okay OP, you still need to prove current employment with a letter, but you also need to determine what your real income is. Maybe look at what last year's return said, if he had the same job.

[hgdfjdfghgfr 0]

It sounds like you just need to gather as much evidence as possible of what hes getting paid. But if I were you, I would call the USCIS about the IRS tax transcripts before you send everything in again. Go over it with them and make sure you are sending in the correct information.

[Nyosh 5]

Yeah, you're right. I thought it was a generic "does not meet 125%" because it can't be verified without the letter. I didn't read "on the IRS" part. (Bad girl!) It may also be that their total income is less than what they say because of many deductions. Okay OP, you still need to prove current employment with a letter, but you also need to determine what your real income is. Maybe look at what last year's return said, if he had the same job.

After all the deductions the total income is what i said 44,500. And im not a bad girl Harpa, i know exactly what im saying and i know how to read the tax forms. Last year's returns are the same 44,500.

[Harpa Timsah 13,258]

After all the deductions the total income is what i said 44,500. And im not a bad girl Harpa, i know exactly what im saying and i know how to read the tax forms. Last year's returns are the same 44,500.

I was saying *I* was a bad girl for not reading thoroughly and not entertaining all options! Sorry for the confusion!!

Edited November 28, 2010 by Harpa Timsah

[JimVaPhuong 4,863]

After all the deductions the total income is what i said 44,500. And im not a bad girl Harpa, i know exactly what im saying and i know how to read the tax forms. Last year's returns are the same 44,500.

Ok. The other possibility I mentioned was that the IO screwed up. This doesn't happen often, but it does happen occasionally. All you can do is send everything they requested and hope they pay closer attention this time.