RFE I-864 Solo practice

[nmic7 3]

Hi everyone,

I have just received the dreaded RFE for form I-864. When submitting the original package, I included IRS transcripts for 2012, 2011 and 2010 and a statement from myself regarding the estimate current income (almost double than the poverty line). I'm an attorney and in 2013 I have opened my own solo practice so I have no pay stubs or letters from employer. When I filed for health insurance with the state government, I was told that in my situation the common practice is to submit a statement in which I declare my income. So I thought that it would be sufficient for the USCIS also but it seems like it isn't. At this point, I am very confused as to what I could possibly submit in order to prove that I will exceed the poverty line. I have several clients and a consistent workload so I am certain that I will double the poverty line. If anyone has a similar experience or can give me some advice, I will be very grateful.

Thank you in advance.

[Harpa Timsah 13,258]

Tricky one. If you are now self-employed, then USCIS would want to see your tax returns as proof of income. But you are newly self-employed and your former tax returns show you being an employee. Can you file your 2013 taxes really quick?

[aussie_jason 195]

If you are self employed then you should be paying estimated taxes to the IRS each quarter so you should be able to provide copies of your 1040-ES forms.

[Zedayn 485]

If you can't file yet your 2013 taxes, then the other option is providing them solid proof you actually earn enough as self-employed. A statement you write doesn't prove anything, because its just your word. Things like payment receipts, contracts with clients, maybe even bank deposits. Actual proof of your income.

[Harpa Timsah 13,258]

If you are self employed then you should be paying estimated taxes to the IRS each quarter so you should be able to provide copies of your 1040-ES forms.

I was wondering about that. Good one.

Also, self-employed people tend to write off a lot of their business to reduce their tax burden, and this will not work for USCIS. It's sort of "legal cheat" but if your adjusted gross income is not enough, USCIS won't take it.

[aussie_jason 195]

I was wondering about that. Good one.

Also, self-employed people tend to write off a lot of their business to reduce their tax burden, and this will not work for USCIS. It's sort of "legal cheat" but if your adjusted gross income is not enough, USCIS won't take it.

Yes, there was another post about that recently and they didn't understand that concept so I am expecting that other poster to return here with an RFE as well.

[nmic7 3]

Thank you all for your help.

I have started my own practice at the end of November, 2013. I just made an appoinment to file my 2013 taxes but if I wait to request transcripts from the IRS it's going to take too long (last time it took 10 business days). Would it be too risky to just submit what my accountant gives me after filing the taxes? Also, given that I only had one month in 2013, I'm thinking of sending some other things you suggested - invoices, bank statements. I also receive a monthly payment from my ex-wife and that alone would exceed the poverty line. Would it be a good idea to include our divorce agreement and past bank statements proving that I indeed receive those monthly payments?

[aussie_jason 195]

The 2013 ITR and some kind of supporting paperwork should be sufficient, usually that would be your W2s but I'm not sure what you provide to the IRS when you are self employed for that. You can download your transcripts from the IRS now but I don't think that would be available until after they had processed your return.

[Harpa Timsah 13,258]

I also receive a monthly payment from my ex-wife and that alone would exceed the poverty line. Would it be a good idea to include our divorce agreement and past bank statements proving that I indeed receive those monthly payments?

Yes.

[nmic7 3]

Thank you everyone for your time and help. I will be sending everything next week. Do I need to include the I-864 form as well? Also, I was wondering if my wife's EAD is also on hold until they verify the RFE response. If they still don't like it, do they keep on sending RFEs or is a denial possible?

[Harpa Timsah 13,258]

EAD is on hold, and if you fail to satisfy them, they can and will deny

[nmic7 3]

EAD is on hold, and if you fail to satisfy them, they can and will deny

Thanks for your answer! Hopefully it won't be the case, I will do my best to gather as much evidence as possible. What do you think about re-submitting form I-864? Is it necessary?

[aaron2020 11,651]

You're an attorney.

Don't you have lawyer friends who work in immigration law that can help you out?

Strange that an attorney would come here looking for advice from amateurs.

[nmic7 3]

You're an attorney.

Don't you have lawyer friends who work in immigration law that can help you out?

Strange that an attorney would come here looking for advice from amateurs.

I have done everything by myself until now, without any prior knowledge of immigration law (I specialize in a completely different field). I value the advice given on this forum, I didn't think that it was prohibited to discuss an issue here if you hold a JD.