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Cornflake

RFIE for I-864 (Self-employed)

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Just got RFIE for I-864 ((( Really need help to figure out what would be the best option.
My husband has his own business. He filed his 2019 taxes already and his income is $29 000 for a family of two. Unfortunately, it looks like they are not convinced that he has enough money.  I attached RFIE mail.

 

That's the list what we already submitted:

  1. Explanation letter

  2. Completed and signed FORM I-864, Affidavit of Support

  3. Copy of the Petitioner’s Federal Tax Return for Tax year 2019 where Beneficiary is listed as a dependent

  1. Form 1040

  2. Schedule 1

  3. Schedule 2

  4. Form 2210

  5. Schedule C

  6. Schedule SE

  1. Tax return transcript for tax year 2018

  2. Tax return transcript for tax year 2017 

  3. Tax registration certificate ( business license )

  4. Fictitious Business Name Statement

  5. (some other documents showing that the business working constantly since 2017)

      7. Copy of Petitioner’s Certificate of Naturalization

      8. Copy of Petitioner’s U.S. Passport biographic page

      9. Copy of Beneficiary and Petitioner’s Marriage Certificate

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IMG_20200404_181729.jpg

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1 hour ago, Jorgedig said:

Huh?

My bet, I thought you asked about something different. Fictitious Business Name Statement is when you register a business name.

 

 

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Sounds like you input the amounts on the form from their sources incorrectly.

Read through the RFE carefullly while going through your I864.

 

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32 minutes ago, K1visaHopeful said:

from their sources

Thank you.
What do you mean by "from their sources"? Which sources?

I noticed that in the explanation letter I put an amount before deduction, instead of total income which is an amount after deduction. I'm not sure if it's affecting anything because it's just a letter.
Also in the form I864 I put total income exact the same amount $29, 396 like in 2019 tax form 1040. But where it says “current annual individual income” I put a little bit more $35 000 because I thought this is a current income. Am I right? 

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10 minutes ago, Cornflake said:

Thank you.
What do you mean by "from their sources"? Which sources?

I noticed that in the explanation letter I put an amount before deduction, instead of total income which is an amount after deduction. I'm not sure if it's affecting anything because it's just a letter.
Also in the form I864 I put total income exact the same amount $29, 396 like in 2019 tax form 1040. But where it says “current annual individual income” I put a little bit more $35 000 because I thought this is a current income. Am I right? 

Current income for somebody self employed is their most recent tax return's total income. What you earn mid-year/in-year is revenue, not income. Only once you claim it on taxes is it actually income.

Total income is a copy/paste from whatever is on the tax return.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Sources meaning what financial document you are using to report a value in a certain box on the I864.

From the RFE, it doesn't sound like you input the correct amount from your financial documents or you used the wrong document for your financial situation.

Read the instructions carefully to figure out what documents to use and what amounts to use from those documents based on your financial situation.

Edited by K1visaHopeful
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1 hour ago, Cornflake said:

Thank you.
What do you mean by "from their sources"? Which sources?

I noticed that in the explanation letter I put an amount before deduction, instead of total income which is an amount after deduction. I'm not sure if it's affecting anything because it's just a letter.
Also in the form I864 I put total income exact the same amount $29, 396 like in 2019 tax form 1040. But where it says “current annual individual income” I put a little bit more $35 000 because I thought this is a current income. Am I right? 

They wont accept an explanation. 

They are expecting you to input the amounts required for your employment situation and it to be supported by the financial documents you submit and for the amount to be the one you are to use as instructed in the I864 instructions for your financial situation.

They won't do calculations for you.

The form has to be filled out correctly based on your supporting documents and the instructions.

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6 hours ago, geowrian said:

Current income for somebody self employed is their most recent tax return's total income. What you earn mid-year/in-year is revenue, not income. Only once you claim it on taxes is it actually income.

Total income is a copy/paste from whatever is on the tax return.

So I have to put the same amount in Total income and Current income?

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Filed: Citizen (apr) Country: Brazil
Timeline
1 hour ago, Cornflake said:

So I have to put the same amount in Total income and Current income?

Follow the instructions for the I-864 very carefully.  It clearly states what to do in cases of self-employment, to calculate "total income," which will come from Schedule C of the 1040 tax return for the most recent tax year, or an IRS tax transcript which will show the same information from Schedule C, income from self-employment.  Also read the instructions for Schedule C carefully.  Line 26 is only for wages paid to other people, i.e., your employees, if any, NOT to yourself.  Here is the relevant information for line 26 of Schedule C to clarify, from the IRS website:
 
"Do not include salaries and wages deducted elsewhere on your return or amounts paid to yourself."
 
You cannot pay yourself as an employee, many self-employed make this mistake on Schedule C.  The "net profit" from line 31 of schedule C, becomes "total income" on your 1040, and is the correct amount for the I-864.  Current income for self-employed is an estimate only so they will rely mostly on the previous year's 1040 and Schedule C to make a decision on whether your income is sufficient.  Some self-employed have submitted evidence of revenues for the most recent few months to show current income, but the officer will focus on your most recent year 1040 and Schedule C since you are self-employed.  Good luck!

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16 minutes ago, carmel34 said:

 The "net profit" from line 31 of schedule C, becomes "total income" on your 1040, and is the correct amount for the I-864. 

Thank you. That's exactly what I did. I put the amount from line 31 of schedule C on the box where it says "total income" but I put a different amount on the box “current annual individual income”. Maybe that's the reason....

Also I'm thinking to submit bank statements to show income.

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Filed: K-1 Visa Country: Colombia
Timeline
18 hours ago, Jorgedig said:

Huh?

Self employment has to proven. With state licensing (DPR) ,fictitious name registration, (if fictitious name is used) LLC registration with the state. Workers Comp Insurance (or workers comp exempt certificate) These are the things you need, to be self employed. 

Edited by Calicolom
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