question about the new public charge rule and I485 adjustment of status

[Cyberfx1024 7,980]

30 minutes ago, MoroccanLover40 said:

We did reply to our 1st application but they still denied it. I'm filling out this Form I-944 to go along with 1-485 and sending it to the lawyer in the morning. I paid him money already and he seems to want to help us. What futher advice do you have ? I have kept everything 100% truth but I feel like if you make 1 mistake they will take a look at every single thing. 

 

"On January 21, 2020, we denied your Form I-485, Application to Register Permanent Residence or Adjust Status, Receipt Number MSC1991XXXXXX. We sent you a denial notice that explains why we denied your case and your options. Please follow the instructions in the notice. If you do not receive your denial notice by February 5, 2020, please go to www.uscis.gov/e-request to request a copy of the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address "

and the denial reason was "incorrect household size" which I find really really STUPID

Well the denial for incorrect household size is correct because your parents are living under your roof. So by any means of common thinking you are providing for them. The RFE evidence you sent in did it have them on it, and how did they find out about your parents living with you?

Edited April 21, 2020 by millefleur
Personal information removed

[MoroccanLover40 2]

I don't know but i do list my parents on my tax return as dependents so i'm assuming they looked there and found out that way. Have you had this situation before ?

[MoroccanLover40 2]

Out of all the things they can deny me but they pick incorrect household size just makes me super mad. Even my lawyer said that's really a stupid reason but it's the government and they will deny for the smallest thing 

[Pinkrlion 2,719]

7 minutes ago, MoroccanLover40 said:

I don't know but i do list my parents on my tax return as dependents so i'm assuming they looked there and found out that way. Have you had this situation before ?

This is why?  You claim your parents as dependents and they receive food stamps is why you need to be wary of the public charge rule.  

[millefleur 5,046]

**Personal information removed. Please do not post or upload any personal identifying information, that includes case numbers. Either block/blur out such information if you want to share.**

 

VJ Moderation

[SalishSea 17,829]

You said you applied for foodstamps, and it sounds like that was after your wife was here and you were married.  Why did you apply for them, and did you apply for any other public assistance?

[MoroccanLover40 2]

Just now, Jorgedig said:

You said you applied for foodstamps, and it sounds like that was after your wife was here and you were married.  Why did you apply for them, and did you apply for any other public assistance?

This was in Oct 2019 and we are already married 4 months at that time. I lost my job for a short period and thought I can get it but they even denied us that because they said I was earning too much to get it and I have not applied for anything else because I simply get declined for anything I apply for. I am truthful on the new form we are sending now and giving them everything they want including copies of my bank accounts, pay stubs and savings. I have not received any monies from the government except for my tax returns which I do file every year. So are my parents screwing me out of a green card for my wife ? That's kinda what it sounds like. They only receive a 200 dollar limit each month btw 

[MoroccanLover40 2]

17 minutes ago, Pinkrlion said:

This is why?  You claim your parents as dependents and they receive food stamps is why you need to be wary of the public charge rule.  

so how I already did my 2019 taxes with them on it because it helps me save some money. I wish I could take that back and not include them 😕. Again just my parents receive snap not me or my wife. 

[SalishSea 17,829]

1 minute ago, MoroccanLover40 said:

This was in Oct 2019 and we are already married 4 months at that time. I lost my job for a short period and thought I can get it but they even denied us that because they said I was earning too much to get it and I have not applied for anything else because I simply get declined for anything I apply for. I am truthful on the new form we are sending now and giving them everything they want including copies of my bank accounts, pay stubs and savings. I have not received any monies from the government except for my tax returns which I do file every year. So are my parents screwing me out of a green card for my wife ? That's kinda what it sounds like. They only receive a 200 dollar limit each month btw 

Your parents (your dependents) being on food stamps could make it appear like you are unable to support them.  This could make it seem like you will be unable to support an immigrant.

[MoroccanLover40 2]

Just now, Jorgedig said:

Your parents (your dependents) being on food stamps could make it appear like you are unable to support them.  This could make it seem like you will be unable to support an immigrant.

So what happens now? She's here in the US sitting right next to me for the past 10 months. Do I need to wait for 2021 taxes then do her papers and remove my parents from my taxes  so that won't be a problem? 

Just now, MoroccanLover40 said:

So what happens now? She's here in the US sitting right next to me for the past 10 months. Do I need to wait for 2021 taxes then do her papers and remove my parents from my taxes  so that won't be a problem? 

I meant 2020 taxes 

[Pinkrlion 2,719]

5 minutes ago, MoroccanLover40 said:

so how I already did my 2019 taxes with them on it because it helps me save some money. I wish I could take that back and not include them 😕. Again just my parents receive snap not me or my wife. 

Your parents are considered a part of your household because you claimed them as dependents on your taxes.  You are now looking at the household when filing.  Public Charge includes the household.  You are a household of 4, in which only 1 person works, 1 is in school, and 2 receive food stamps.  

Edited April 21, 2020 by Pinkrlion

[MoroccanLover40 2]

1 minute ago, Pinkrlion said:

Your parents are considered a part of your household because you claimed them as dependents on your taxes.  You are now looking at the household when filing.  Public Charge includes the household.  

Any suggestions on ways to go forward ? What to do ? Lawyer seems optimistic for some reason but I dont believe him 

[MoroccanLover40 2]

On the paperwork it states you only need to make 38k for a family of 5. So in my case I'm a family of 4 with a 60k income combined. That should be enough or will they just decline because 2 people in the household are using snap. Will buying a new house fix this so it can just be me and my wife ? Lol just thinking. I'm to the point where I just may move elsewhere. I'm having no luck here. I dont understand why they approved her visa and gave her all these docs in the first place if they will act like this now. 

[MoroccanLover40 2]

To add one thing to this we sent a new application before the public rule change came into effect and they said we already had a case pending even tho they sent us a letter stating the case is closed. I feel they are just playing games with us now. Hope this doesn't happen to anyone else because this has been a nightmare 

[Cyberfx1024 7,980]

51 minutes ago, MoroccanLover40 said:

I don't know but i do list my parents on my tax return as dependents so i'm assuming they looked there and found out that way. Have you had this situation before ?

Well that is the issue there is that you list them as dependents. Since that is the case then the RFE for the incorrect household size was correct. So you should be concerned about the public charge issue.