AOS Denied after RFE

[SV350z 3]

Just a quick word of advice, I have already contacted some lawyers but was hoping to borrow from the collective minds here too.

 

My husband (now) came on a K1 visa, we got married in time and settled in.  Applied for AOS and we got an RFE because they were not happy with my tax return being incomplete.  The RFE said to send back a tax return, bank account statement and evidence of personal assets that meet the poverty line.  I did not have the last one because I don't own stuff (just moved back) but I do own a business and make about $60000 a year, my tax return and bank accounts reflect this.

They just sent us a letter today denying his AOS saying that we failed to provide sufficient evidence and the item listed is: "Failed to provide proof of assets meeting poverty line or a joint sponsor".

 

It says no appeal is possible but that a motion can be filed within 33 days.  My question: Should we submit a motion, what recourse do we have? It seems they just ignored my actual evidence and denied based on the lack of assets which is ridiculous because I have a job that pays me adequately and have for the past 5 years.

 

Thanks.

[Pinkrlion 2,721]

They are lookiing at ur line item 22 I think. If the number is above poverty line than u r fine. Otherwise based on owning a business and ur tax deductions they are saying u r not meeting and need aa cosponsor. U can refile but if ur tax return is the same then u have the same issue. 

[f f 725]

is the 60K gross income or actual profit once you deduct all of your expenses?

[Ebunoluwa 6,136]

You are self employed so line 22 on your tax return is what they go by so if you took a lot of deductions then your line 22

may not meet the required income.

 

[Suss&Camm 2,213]

What previous posters have told you is correct. You don't have a basis for filing a motion unless you can show that USCIS did something wrong to cause your denial. You need to refile.