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Posted

hello VJ family!
i have posted my question here but unfortunately i have not got any answers. Please we really need your help!!!

we got an RFE that asks for :

  • more financial evidence like W2s,1099s, From 2555 and tax schedules. but my co-sponsor is self-employed so we cant submit these files. and has anyone submitted them before ?
  • they said that my joint sponsor does not make 125% of poverty guideline to be able to sponsor me, in their website, it says for 5 people ( inculding me , 2 kids and his wife ) he needs 35,521$, and that is way less than what he makes , his income is 49,916$ for the last year tax returns. and he was my cosponsor for my K1 visa and everything went well, using the same tax returns (2014).

    what do you think ?
    please we need your help!
    thank you!
Filed: AOS (apr) Country: Cyprus
Timeline
Posted

What did you submit ? Line 22 on the tax return is what they go by and if he had big deductions then the line 2 amount may be too low.

Tax transcripts should be submitted, contracts, a self employment income ledger, bank statements, bank letter showing deposits.

What type of business does he have ?

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

Filed: Country: Jamaica
Timeline
Posted

If your co-sponsor is self employed, then he will have the tax documents they are requesting. Did you submit his tax forms or a tax transcript? Also, when you are self employed, you are allowed deductions that reduce your actual income, so if he made 45,000.00 but his tax deductions were 23,000.00, then his actual income is 22,000.00 which maybe below the poverty level.

The K-1 is 100% not 125%, so his income was OK.

Phase I - IV - Completed the Immigration Journey 

 

 

Posted

If your co-sponsor is self employed, then he will have the tax documents they are requesting. Did you submit his tax forms or a tax transcript? Also, when you are self employed, you are allowed deductions that reduce your actual income, so if he made 45,000.00 but his tax deductions were 23,000.00, then his actual income is 22,000.00 which maybe below the poverty level.

The K-1 is 100% not 125%, so his income was OK.

Is it not 100% for active duty military and 125% for all other sponsor's as it states on the guidelines?


K1-K2 VISA
FEBRUARY 2015 APPLIED FOR I-129F K1-K2
RECIEVED NOA1
AUGUST 2015 RECIEVED NOA2
SEPTEMBER 2015 SENT TO THE DEPARTMENT OF STATE
RECIEVED SYDNEY CASE NUMBER
CASE SENT TO THE SYDNEY EMBASSY
SEPTEMBER 2015 COMPLETED DS-160 K1-K2
OCTOBER 2015 MEDICAL COMPLETED
INTERVIEW - APPROVED
VISA ISSUED

DECEMBER 2015 ARRIVED INTO THE USA POA DALLAS TX 26TH DECEMBER
JANUARY 2016 MARRIED 29TH JANUARY
FEBRUARY 2016 SSN CARD RECIEVED

ADJUSTMENT OF STATUS
MARCH 2016 SENT AOS PACKAGE K1-K2 21ST MARCH                                                       JUNE 2016 RECIEVED GREEN CARD K1-K2 11TH JUNE
ARRIVED AT THE CHICAGO LOCKBAG FACILITY 23RD MARCH

APRIL 2016 RECIEVED NOA 1 FOR AOS/EAD/AP 5TH APRIL
RECIEVED BIOMETRICS APPOINTMENTS 30TH APRIL
MAY 2016 BIOMETRICS TAKEN 10TH MAY

AP/EAD APPROVED K1 13TH MAY

COMBO CARD ARRIVED 21ST MAY

JUNE 2016 APPROVED AOS (NO INTERVIEW) K1-K2 3RD JUNE

 

 

 











 

Posted

What did you submit ? Line 22 on the tax return is what they go by and if he had big deductions then the line 2 amount may be too low.

Tax transcripts should be submitted, contracts, a self employment income ledger, bank statements, bank letter showing deposits.

What type of business does he have ?

we submited the last 3 years of tax returns transcripts.

he has a painting company.

thank you for your help1

is my work permit EAD still pending or they stopped working on until we submit the RFE for the I485?

because i believe they work on the 3 applications seperatly and so far i did not get an RFE for the EAD.

Posted

If your co-sponsor is self employed, then he will have the tax documents they are requesting. Did you submit his tax forms or a tax transcript? Also, when you are self employed, you are allowed deductions that reduce your actual income, so if he made 45,000.00 but his tax deductions were 23,000.00, then his actual income is 22,000.00 which maybe below the poverty level.

The K-1 is 100% not 125%, so his income was OK.

WE SUBMITTED THE TAX TRANSCRIPTS FOR THE LAST 3 YEARS .

thank you for the clarification. is it okay to have a different cosponsor than the one i had for my K1?

Filed: AOS (apr) Country: Cyprus
Timeline
Posted

we submited the last 3 years of tax returns transcripts.

he has a painting company.

thank you for your help1

is my work permit EAD still pending or they stopped working on until we submit the RFE for the I485?

because i believe they work on the 3 applications seperatly and so far i did not get an RFE for the EAD.

EAD processing will stop until the RFE is reviewed >>>>> http://www.uscis.gov/forms/tip-sheet-employment-authorization-applications-pending-more-75-days

You just have to prove what his projected income is for the future, he can write a letter what amount is projected and why and back it up

with some written evidence (future contracts based on past years of experience etc.)They don't just want to know the past income but his future income,

for a self employed individual this is projected income.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

Posted

Completely normal, if he is married and filed jointly, spouse might need to do I-864A even she makes nothing.

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

Posted

hello VJ family!

i have posted my question here but unfortunately i have not got any answers. Please we really need your help!!!

we got an RFE that asks for :

  • more financial evidence like W2s,1099s, From 2555 and tax schedules. but my co-sponsor is self-employed so we cant submit these files. and has anyone submitted them before ?

1099s are pretty standard if you're self employed. Looks like they are wanting complete tax returns, not just the first two pages, but the complete return and it's attachments and schedules.

Long story short your sponsor arrived at an amount on his tax return. What ever that amount is, he needs to be able to account for it. That financial evidence can be 1099s, cancelled checks, profit and loss statements, balance sheets, bank statements, receipts, etc...

Filed: K-1 Visa Country: Philippines
Timeline
Posted

Is it not 100% for active duty military and 125% for all other sponsor's as it states on the guidelines?

For clarity sake the 134 is 100% for all, the adjustment of status is 125%, so they were maybe good enough for visa but not to adjust given deductions. Military is 100% for the whole process.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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