Frustrating frustrating FRUSTRATING!!!

[dleeg 2]

Hi all

Well....... after seing the other day on the USCIS site that our case has been RFE'd, we got the RFE letter today. It turns out that according to them I don't meet the federal povertly line on the I-864. They are asking me to submit more evidence to fullfil the poverty level guideline OR obtain a joint sponsor. First I must explain that I have my owned small business since 2004. With that said, I sent in copies of my tax return for the last three years, which comprised of Forms 1040 AND Schedule C (Profit or Loss from Business). With those forms combined one can easily see that I have exceeded the poverty line requirement with the 1040 forms showing occassional income from W2 work and schedule C forms showing income from my business. I earn much more income with my business compared to the income from W2 work. I had this same problem at the US Embassy in Bogota when my then fiance had her K1 visa interview. She was denied the visa based on my income saying that I did not meet the poverty level requirement. If I had not been there to explain the tax forms to the interviewer my fiance would have been denied if she had went to the interview alone, thus delaying the entire process. Obviously I do meet the requirement since SHE IS HERE IN THE UNITED STATES and we have since been married. The thing that bugs me is that with the I-864 form I not only submitted what they wanted but I also wrote a short letter explaining the the problem we had in Bogota, and that they have to look at ALL the forms I submitted to see my income. But now the process is delayed due to someone who can't read a simple letter explaining the facts.

So my question are:

1. Should I resend everything I sent before and hope for the best?

2. Should I call and try to explain what I wrote (above) and hope that I can correct this over the phone without sending RFE?

3. What else can I do?

Thanks for your help. Hopefully we can clear this up soon.

Edited May 19, 2012 by dleeg

[Tygrys 143]

Hi all

Well....... after seing the other day on the USCIS site that our case has been RFE'd, we got the RFE letter today. It turns out that according to them I don't meet the federal povertly line on the I-864. They are asking me to submit more evidence to fullfil the poverty level guideline OR obtain a joint sponsor. First I must explain that I have my owned small business since 2004. With that said, I sent in copies of my tax return for the last three years, which comprised of Forms 1040 AND Schedule C (Profit or Loss from Business). With those forms combined one can easily see that I have exceeded the poverty line requirement with the 1040 forms showing occassional income from W2 work and schedule C forms showing income from my business. I earn much more income with my business compared to the income from W2 work. I had this same problem at the US Embassy in Bogota when my then fiance had her K1 visa interview. She was denied the visa based on my income saying that I did not meet the poverty level requirement. If I had not been there to explain the tax forms to the interviewer my fiance would have been denied if she had went to the interview alone, thus delaying the entire process. Obviously I do meet the requirement since SHE IS HERE IN THE UNITED STATES and we have since been married. The thing that bugs me is that with the I-864 form I not only submitted what they wanted but I also wrote a short letter explaining the the problem we had in Bogota, and that they have to look at ALL the forms I submitted to see my income. But now the process is delayed due to someone who can't read a simple letter explaining the facts.

So my question are:

1. Should I resend everything I sent before and hope for the best?

2. Should I call and try to explain what I wrote (above) and hope that I can correct this over the phone without sending RFE?

3. What else can I do?

Thanks for your help. Hopefully we can clear this up soon.

Forget about playing with numbers from Schedule C (although you still have to attach it to your affidavit together with 1040 and any W2's).

For purpose of I-864, the amount from 1040, line 22 (total income) is considered when determining your income.

If in your case this amount is more than 125% poverty line for your household size, I don't really know what they may want from you.

[Tygrys 143]

And NO, you cannot explain it on the phone, you have to respond to RFE in writing.

If you don't and time given you for response to RFE expires, your I-485 petition will be deemed abandoned.

[dleeg 2]

Forget about playing with numbers from Schedule C (although you still have to attach it to your affidavit together with 1040 and any W2's).

For purpose of I-864, the amount from 1040, line 22 (total income) is considered when determining your income.

If in your case this amount is more than 125% poverty line for your household size, I don't really know what they may want from you.

Thanks Tygrys

So even though I attached Schedule C they never look at Gross Income on line 7 of the schedule C?

Edited May 19, 2012 by dleeg

[Tygrys 143]

Thanks Tygrys

So even though I attached Schedule C they never look at Gross Income on line 7 of the schedule C?

Gross income from business is NOT your income.

Your personal income comprises of wages (1040 line 7) and business income or loss (1040 line 12) plus any capital gains, collected unemployment, received alimony, etc. All are added on line 22 and this amount is considered your personal income.

From I-864 instructions, part 6, item 25: "For purposes of this affidavit, the line for gross (total) income on IRS Forms 1040 or 1040A will be considered when determining the income."

Edited May 19, 2012 by Tygrys

[NancyNguyen 1,658]

Your annual income is line 22 on the 1040! You cannot use other numbers on other schedules or forms.

[dleeg 2]

So much for the advice and service I paid for when I filed for the K1! That person told me forms 1040 and Schedule C were combined as far as income. I assumed the same carried over for AOS. I guess the interviewer in Bogota was correct at first for the denial of thr K1 visa. Lucky for us she heard me out and changed her decision. It's amazing all the paperwork went through for K1. Looks like it's time to seek a co sponsor. Not feeling paticularly good at this moment. But thanks for your time much appreciated.

Edited May 19, 2012 by dleeg

[grrrrreat 109]

Hi all

Well....... after seing the other day on the USCIS site that our case has been RFE'd, we got the RFE letter today. It turns out that according to them I don't meet the federal povertly line on the I-864. They are asking me to submit more evidence to fullfil the poverty level guideline OR obtain a joint sponsor. First I must explain that I have my owned small business since 2004. With that said, I sent in copies of my tax return for the last three years, which comprised of Forms 1040 AND Schedule C (Profit or Loss from Business). With those forms combined one can easily see that I have exceeded the poverty line requirement with the 1040 forms showing occassional income from W2 work and schedule C forms showing income from my business. I earn much more income with my business compared to the income from W2 work. I had this same problem at the US Embassy in Bogota when my then fiance had her K1 visa interview. She was denied the visa based on my income saying that I did not meet the poverty level requirement. If I had not been there to explain the tax forms to the interviewer my fiance would have been denied if she had went to the interview alone, thus delaying the entire process. Obviously I do meet the requirement since SHE IS HERE IN THE UNITED STATES and we have since been married. The thing that bugs me is that with the I-864 form I not only submitted what they wanted but I also wrote a short letter explaining the the problem we had in Bogota, and that they have to look at ALL the forms I submitted to see my income. But now the process is delayed due to someone who can't read a simple letter explaining the facts.

So my question are:

1. Should I resend everything I sent before and hope for the best?

2. Should I call and try to explain what I wrote (above) and hope that I can correct this over the phone without sending RFE?

3. What else can I do?

Thanks for your help. Hopefully we can clear this up soon.

Let me explain a little bit about how this works for people who are self-employed. For the purpose of I-864, your income is going to be business profits only, after all of the business expenses you've deducted are subtracted. The reason is that I-864 is looking for the amount of income you'll have to support the immigrant. If you are claiming that you've paid a lot of money toward business expenses, that is no longer available to support the immigrant and isn't included in I-864. People who are self-employed often get in trouble because they may be deducting more business expenses than they should to reduce their taxes, but then can't qualify as a sponsor on I-864. Live by the sword, die by the sword.

Get a joint sponsor.

[Thomas&Ammy 1]

I worry about the same thing ! I also self employed ! I gross over 160,000 a yr but with all the write offs I allowed I can drop my net to any amount I want ! I have interview on 12 th of next month and current 2011 tax states 23,000 income ! Do you all think I be fine at interview ? House hold of 4 I have 50,000 in assets ! Interviewer does look at assets right ? Thanks

[dleeg 2]

Let me explain a little bit about how this works for people who are self-employed. For the purpose of I-864, your income is going to be business profits only, after all of the business expenses you've deducted are subtracted. The reason is that I-864 is looking for the amount of income you'll have to support the immigrant. If you are claiming that you've paid a lot of money toward business expenses, that is no longer available to support the immigrant and isn't included in I-864. People who are self-employed often get in trouble because they may be deducting more business expenses than they should to reduce their taxes, but then can't qualify as a sponsor on I-864. Live by the sword, die by the sword.

Get a joint sponsor.

I deduct my expenses reasonably and honestly and I don't pad my expenses to avoid paying lower taxes. I know that you are not insinuating that at all as I'm just stating a fact. I can support myself and my wife on my current income but in the eyes of our government I have to gross nearly 3 times the amount I do now to even qualify keeping with my business expenses. Not saying that self employed people should get special treatment but maybe it should be viewed a little differently. Thanks for your response.

[Thomas&Ammy 1]

I don't care what people think ! Give me a write off ! I will use it ! Why should I pay more in tax when 50 % doesn't pay anything in our country ! My tax rate after write offs is little over 18%

[Tygrys 143]

I don't care what people think ! Give me a write off ! I will use it ! Why should I pay more in tax when 50 % doesn't pay anything in our country ! My tax rate after write offs is little over 18%

This really wasn't discussion on what you can or can't deduct as a business expense. Of course, you deduct whatever is allowed to lower your taxes. The more, the better.

Fact is, the OP thought he can use his business gross as a basis for I-864. No can do. Has to use net business income (or loss) for that.

You don't put $160K mentioned earlier as your personal income, do you?

[Cathi 5,794]

I deduct my expenses reasonably and honestly and I don't pad my expenses to avoid paying lower taxes. I know that you are not insinuating that at all as I'm just stating a fact. I can support myself and my wife on my current income but in the eyes of our government I have to gross nearly 3 times the amount I do now to even qualify keeping with my business expenses. Not saying that self employed people should get special treatment but maybe it should be viewed a little differently. Thanks for your response.

why should you be viewed any differently than the rest of us? Just curious as to why you think his. Your income is what you claim on line 22. This has zero to do with deductions or how much your business earns. If you choose to give yourself a low salary and deduct expenses to offset this, it's your decision. The rest of us who don;t own businesses don;t have the luxury of deducting things a business owner does.

[dleeg 2]

why should you be viewed any differently than the rest of us? Just curious as to why you think his. Your income is what you claim on line 22. This has zero to do with deductions or how much your business earns. If you choose to give yourself a low salary and deduct expenses to offset this, it's your decision. The rest of us who don;t own businesses don;t have the luxury of deducting things a business owner does.

I agree you are correct. It is what it is. Just feeling a bit frustrated. Hope you can understand that. Grasping for straws I guess. Getting a joint sponsor as there is no other way at the moment. Thanks ......

Edited May 20, 2012 by dleeg

[Cathi 5,794]

I agree you are correct. It is what it is. Just feeling a bit frustrated. Hope you can understand that. Grasping for straws I guess. Getting a joint sponsor as there is no other way at the moment. Thanks ......

Good luck with your co sponsor. You are very lucky to have your SO here with you while you sort out your AOS. Be happy that you have her here with you. The mess will be sorted out and you will be fine.