We didn't meet poverty guideline

[Daisy Mae 2]

1 hour ago, Chardon Ne' said:

I had the same issue however instead of sending just my recent taxes what I also sent were 6 consecutive paystubs plus a letter from my employer showing my current income, and I have not received any RFIE and I applied in September. 

 

We did the same,but said we didnt meet poverty guidline..

[Chardon Ne' 71]

7 minutes ago, Daisy Mae said:

Yes we send paystubs,and employment letter..my husband is a truck driver and he make more than $100,000 every year..

Is your husband an independent contractor or does he get paid directly from a company with a paystub and payroll deductions? I know some truck drivers own their trucks and work for themselves. 

[Ash.1101 1,756]

7 hours ago, Daisy Mae said:

Our adjusted gross income for 2015 was 4,500

We sent tax returns for proof of income 

 

 

15 minutes ago, Daisy Mae said:

Yeah they give me 87 days..we are going to send 2016 tax hopefully first week of april,with our 12 months bank statements and assets,like property and our truck..hopefully it shud be enough..this really stress me out

If you wait to do taxes the first week of April it will be too late. You said they gave you 87 days, well 87 days from Jan 4th, the date you recieved the RFIE is April 1st. If they don't have the evidence in BEFORE that date, they can deny your petition, which will in turn deny the EAD and AP. Even if your EAD and AP are approved, if they deny the I-485 Green Card petition, the EAD and AP will become invalid.


Also, is this a newer job? Going from AGI of 4500$ to saying he makes 100,000 a year is a large jump for anyone. Which is probably why they're scrutinizing this. They most likely want more proofs of that.

If this is a job he's claimed to have before and is going from 4500$ to 100,000 a year they're probably also not believing that this income jump is correct.

If he's self employed and claims to make 100,000$ a year but then at tax time his AGI is only 4500, then he only actually makes 4500$.


 

Edited January 23, 2017 by Ash.1101

[DrEllaNJ 288]

7 hours ago, Daisy Mae said:

Our adjusted gross income for 2015 was 4,500

We sent tax returns for proof of income 

 

 

20 minutes ago, Daisy Mae said:

Yes we send paystubs,and employment letter..my husband is a truck driver and he make more than $100,000 every year..

4,500 or 100,000? 

[Daisy Mae 2]

9 minutes ago, Megha13 said:

 

100,000 is well above 20,000 then why did you receive rfe 

I think the deductions,our truck broke down in 2015,then other deductions as my husband is self employed..

[Chardon Ne' 71]

2 minutes ago, Daisy Mae said:

I think the deductions,our truck broke down in 2015,then other deductions as my husband is self employed..

yeah they like to see at least 3 years of steady income. 

[Daisy Mae 2]

6 minutes ago, DrEllaNJ said:

 

4,500 or 100,000? 

Income without deductions is more than $100,000..but adjusted gross income (after deductions)is $4,500

[Daisy Mae 2]

1 minute ago, Chardon Ne' said:

yeah they like to see at least 3 years of steady income. 

Yeah,the expenses is what makes it go down

[Ash.1101 1,756]

6 minutes ago, Daisy Mae said:

Income without deductions is more than $100,000..but adjusted gross income (after deductions)is $4,500

AGI is all that matters. They don't care about income without deductions when it comes to self-employed. They want to see his AGI. To them his AGI shows what he REALLY makes. If he's having to take almost 95,000$ out of his 100,000$ to put into the business, then he only has 5000$ to bring home. That take home income is the most important. Just because it hits the bank account doesn't mean it's his solely. It's part of the businesses as well. He COULD choose to not spend it on the business, but then the business would fail.


If his AGI for this years taxes is that low again you will need a cosponsor. This may be hard for your husband to understand because to him he does make 100,000$ but come tax time, he's really only showing that less than 5000$ is take home money. Either he's fudging on his taxes, or almost every penny he makes goes to the business and that's not a good thing and it won't satisfy USCIS.

Edited January 23, 2017 by Ash.1101

[Daisy Mae 2]

14 minutes ago, Ash.1101 said:

 

If you wait to do taxes the first week of April it will be too late. You said they gave you 87 days, well 87 days from Jan 4th, the date you recieved the RFIE is April 1st. If they don't have the evidence in BEFORE that date, they can deny your petition, which will in turn deny the EAD and AP. Even if your EAD and AP are approved, if they deny the I-485 Green Card petition, the EAD and AP will become invalid.


Also, is this a newer job? Going from AGI of 4500$ to saying he makes 100,000 a year is a large jump for anyone. Which is probably why they're scrutinizing this. They most likely want more proofs of that.

If this is a job he's claimed to have before and is going from 4500$ to 100,000 a year they're probably also not believing that this income jump is correct.

If he's self employed and claims to make 100,000$ a year but then at tax time his AGI is only 4500, then he only actually makes 4500$.


 

His been doing this job for 17 years..i guess we have to do it sooner then..our truck broke down on 2015,so the expenses was deducted to his income,plus insurance,labor,meals,maintenance,etc

[Ash.1101 1,756]

Just now, Daisy Mae said:

His been doing this job for 17 years..i guess we have to do it sooner then..our truck broke down on 2015,so the expenses was deducted to his income,plus insurance,labor,meals,maintenance,etc

Yeah you'll need to do your taxes sooner if you want to send them in. You said they gave you 87 days from Jan 4th, and the 87th day is April 1st. If they don't have the evidence they requested in, they will just deny it, and if you get approved for EAD and AP, once they deny the I-485 (Green Card), your Employment authorization and Advance Parole will become invalid.

Again though. If his AGI is under the poverty line, then his take home money isn't actually what you might think it is (like maybe he puts 90% of his made money into the business and only 10% to the house), or he's fudging his numbers for tax reasons (to save from paying taxes).


If it ends up being that his AGI is under the poverty line when you do taxes, you will need to get a cosponsor. As of this date, he doesn't make enough.

[Daisy Mae 2]

31 minutes ago, Chardon Ne' said:

32 minutes ago, Chardon Ne' said:

Is your husband an independent contractor or does he get paid directly from a company with a paystub and payroll deductions? I know some truck drivers own their trucks and work for themselves. 

Contractor/owner,his truck is inleasted to a company..

[Chardon Ne' 71]

4 minutes ago, Daisy Mae said:

 

Yeah what Ash 1101 said. They gave you the best explanation as to why it did not work. He will need a Joint sponsor, unfortunately. 

Edited January 23, 2017 by Chardon Ne'

[Daisy Mae 2]

3 minutes ago, Ash.1101 said:

Yeah you'll need to do your taxes sooner if you want to send them in. You said they gave you 87 days from Jan 4th, and the 87th day is April 1st. If they don't have the evidence they requested in, they will just deny it, and if you get approved for EAD and AP, once they deny the I-485 (Green Card), your Employment authorization and Advance Parole will become invalid.

Again though. If his AGI is under the poverty line, then his take home money isn't actually what you might think it is (like maybe he puts 90% of his made money into the business and only 10% to the house), or he's fudging his numbers for tax reasons (to save from paying taxes).


If it ends up being that his AGI is under the poverty line when you do taxes, you will need to get a cosponsor. As of this date, he doesn't make 

6 minutes ago, Ash.1101 said:

Yeah you'll need to do your taxes sooner if you want to send them in. You said they gave you 87 days from Jan 4th, and the 87th day is April 1st. If they don't have the evidence they requested in, they will just deny it, and if you get approved for EAD and AP, once they deny the I-485 (Green Card), your Employment authorization and Advance Parole will become invalid.

Again though. If his AGI is under the poverty line, then his take home money isn't actually what you might think it is (like maybe he puts 90% of his made money into the business and only 10% to the house), or he's fudging his numbers for tax reasons (to save from paying taxes).


If it ends up being that his AGI is under the poverty line when you do taxes, you will need to get a cosponsor. As of this date, he doesn't make enough.

If our 2016 tax is above poverty line is it enough?or we still need co sponsor or assets?

[Ash.1101 1,756]

1 minute ago, Daisy Mae said:

If our 2016 tax is above poverty line is it enough?or we still need co sponsor or assets?

If your 2016 AGI on the taxes is above the poverty line then you're fine but make sure to do the taxes before the RFE is due or else it won't matter.