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

[MoroccanLover40 2]

Now my lawyer is preparing a new packet with this new public charge paperwork. I'm hoping it gets approved this time or they need to tell us what steps we need to take to get approved. Anyway to make a appointment and talk to someone?? 

[MoroccanLover40 2]

Here is what the lockbox sent us regarding the rejection. It doesn't make any sense. Our lawyer sent this one. 

 

Your I-485 was rejected by the Lockbox on March 25, 2020, because we were unable to locate an I-130 petition for you; as you selected 1.a. Immediate relative of a US citizen, Form I-130, on Page 3, Part 2 of the I-485. The rejected package, assigned receipt numbers MSCxxxxxxxx (I-485), MSCxxxxxxxxx(I-131), MSCxxxxxxxxx (I-765), was returned to the address provided on the form.

 

As you provided a copy of your I-797, Notice of Action, for your I-129F petition, you can submit a new I-485 with the corrected selection of ‘Person admitted to the US as a fiancé or child of a fiancé of a US citizen, Form I-129F (K-1/K-2 Nonimmigrant).’

 

When you refile, you may resubmit the same package along with the filing fee, provided that the information on the form, the form version, and the supporting documentation are still current and correct. The data we have recorded on checks or printed along the edges of documents that we have previously processed will not have any impact on their acceptance with subsequent filings.

 

If you have any further questions, you can contact USCIS Contact Center by calling (800) 375-5283.

[Ayrton 965]

19 minutes ago, MoroccanLover40 said:

Here is what the lockbox sent us regarding the rejection. It doesn't make any sense. Our lawyer sent this one. 

 

Your I-485 was rejected by the Lockbox on March 25, 2020, because we were unable to locate an I-130 petition for you; as you selected 1.a. Immediate relative of a US citizen, Form I-130, on Page 3, Part 2 of the I-485. The rejected package, assigned receipt numbers MSCxxxxxxxx (I-485), MSCxxxxxxxxx(I-131), MSCxxxxxxxxx (I-765), was returned to the address provided on the form.

 

As you provided a copy of your I-797, Notice of Action, for your I-129F petition, you can submit a new I-485 with the corrected selection of ‘Person admitted to the US as a fiancé or child of a fiancé of a US citizen, Form I-129F (K-1/K-2 Nonimmigrant).’

 

When you refile, you may resubmit the same package along with the filing fee, provided that the information on the form, the form version, and the supporting documentation are still current and correct. The data we have recorded on checks or printed along the edges of documents that we have previously processed will not have any impact on their acceptance with subsequent filings.

 

If you have any further questions, you can contact USCIS Contact Center by calling (800) 375-5283.

Your package wasn't rejected because it had a pending application for you. By this email, your lawyer checked the wrong box on this question.

 

According to the email, you lawyer checked 2.a. The correct one for you is 2.c.

 

Honestly, I would fire this lawyer and get a new one or DIY.

Edited April 21, 2020 by Ayrton

[MoroccanLover40 2]

11 minutes ago, Ayrton said:

Your package wasn't rejected because it had a pending application for you. By this email, your lawyer checked the wrong box on this question.

 

According to the email, you lawyer checked 2.a. The correct one for you is 2.c.

 

Honestly, I would fire this lawyer and get a new one or DIY.

I agree but I paid him already and he probably won't give me my money back. If it get's declined this time I will go to someone else. He has nothing but 5 stars for his reviews on Google and thought he would be good. 

[jan22 3,056]

3 hours ago, milimelo said:

So you brought your parents over 10 yrs ago and they're LPRs (not USC) - looks like never worked in the US so didn't make 40 quarters per SSA. You still have to count them as you're still on the hook for them via I-864 - add your wife and that's 3 people you need to take care of as their sponsor.

Is this accurate -- that you sponsored your parents immigration to the US on IR-5 visas?  If so, per the I-864, you are financially responsible for them not becoming public charges.   As I understand your posts,  they live in your household and are your tax dependents but you actually provide no financial support and they are on foodstamps.  Is this correct?  And, now you are questioning why there is some USCIS concern about your Affidavit of Support for your wife?  Do you see how it could seem that you do not understand or choose not to abide by the requirements of the AOS?

 

Sorry if I have misunderstood your posts and explanations.  If so, if you can clarify what I misunderstood, perhaps you can get a better response.

[SalishSea 17,836]

1 hour ago, MoroccanLover40 said:

Anyway to make a appointment and talk to someone?? 

No.  USCIS offices are closed to the public.  You can try calling them.

[LizaJane 13]

11 minutes ago, jan22 said:

Is this accurate -- that you sponsored your parents immigration to the US on IR-5 visas?  If so, per the I-864, you are financially responsible for them not becoming public charges.   As I understand your posts,  they live in your household and are your tax dependents but you actually provide no financial support and they are on foodstamps.  Is this correct?  And, now you are questioning why there is some USCIS concern about your Affidavit of Support for your wife?  Do you see how it could seem that you do not understand or choose not to abide by the requirements of the AOS?

 

Sorry if I have misunderstood your posts and explanations.  If so, if you can clarify what I misunderstood, perhaps you can get a better response.

I understood it all the exact same way. And if that's the case they'd be correct in denying his wife. 

[SalishSea 17,836]

Just now, LizaJane said:

I understood it all the exact same way. And if that's the case they'd be correct in denying his wife. 

Agreed.  Doesn't add up.

[SalishSea 17,836]

1 hour ago, MoroccanLover40 said:

Now my lawyer is preparing a new packet with this new public charge paperwork. I'm hoping it gets approved this time or they need to tell us what steps we need to take to get approved. Anyway to make a appointment and talk to someone?? 

Expect increased scrutiny with the additional public charge considerations.

[jan22 3,056]

23 minutes ago, jan22 said:

 

Self- deleted.  Somehow, original post re-posted as a quote.

Edited April 21, 2020 by jan22

[MoroccanLover40 2]

15 minutes ago, jan22 said:

Is this accurate -- that you sponsored your parents immigration to the US on IR-5 visas?  If so, per the I-864, you are financially responsible for them not becoming public charges.   As I understand your posts,  they live in your household and are your tax dependents but you actually provide no financial support and they are on foodstamps.  Is this correct?  And, now you are questioning why there is some USCIS concern about your Affidavit of Support for your wife?  Do you see how it could seem that you do not understand or choose not to abide by the requirements of the AOS?

 

Sorry if I have misunderstood your posts and explanations.  If so, if you can clarify what I misunderstood, perhaps you can get a better response.

No me and my family came here in the 90's as refugees. I am not sponsoring them on any paperwork except for them being my dependents. I am a US citizen for about 5 years now and went through the process via k1 and she has been here since June of 2019. I could see why it would be a problem but my question is we are already here living and breathing the so called American dream so how do I make her permanent. 

[LizaJane 13]

21 minutes ago, MoroccanLover40 said:

No me and my family came here in the 90's as refugees. I am not sponsoring them on any paperwork except for them being my dependents. I am a US citizen for about 5 years now and went through the process via k1 and she has been here since June of 2019. I could see why it would be a problem but my question is we are already here living and breathing the so called American dream so how do I make her permanent. 

Then it seems the bottom line is that you cannot claim them as dependents on your taxes and then exclude them from your household size on your sponsorship application for your wife. You can only claim someone as a dependent if you are financially responsible for at least half of their living costs. If they live with you and have no income at all then you are providing that just by paying the mortgage/rent and utilities and household necessities etc. How are they surviving otherwise? If they are your dependents and receive food share, that triggers the public charge rule and they will likely assume your wife could become a public charge as well. There's really no way around that.

[MoroccanLover40 2]

27 minutes ago, LizaJane said:

Then it seems the bottom line is that you cannot claim them as dependents on your taxes and then exclude them from your household size on your sponsorship application for your wife. You can only claim someone as a dependent if you are financially responsible for at least half of their living costs. If they live with you and have no income at all then you are providing that just by paying the mortgage/rent and utilities and household necessities etc. How are they surviving otherwise? If they are your dependents and receive food share, that triggers the public charge rule and they will likely assume your wife could become a public charge as well. There's really no way around that.

Thank you. If it gets declined this time I will revise my 2019 taxes and take Mom and Dad out. I hope that's all I have to do but knowing my luck something else will pop up

[NikLR 13,227]

10 minutes ago, MoroccanLover40 said:

Thank you. If it gets declined this time I will revise my 2019 taxes and take Mom and Dad out. I hope that's all I have to do but knowing my luck something else will pop up

Why dont they become US citizens?

[geowrian 22,337]

This situation is just rife with problems. You need to untangle everything and be sure to get it right and present a strong case moving forward.

 

13 hours ago, MoroccanLover40 said:

Well my parents have nothing to do with me so the money I make shouldn't concern them

4 hours ago, MoroccanLover40 said:

I do not support them at all. I just had them on my taxes for over 10 years and didn't know it would be a problem.

Except is does because you signed paperwork under penalty of perjury that you are providing for them. You did so in exchange for a reduced tax liability.

I get that you were following the advice of somebody else for taxes, but unless they are willing to tell the IRS what they did, it falls on your head as you signed the tax returns. Realize that this is essentially tax evasion. I don't normally even bring that up with tax issues (mistakes happen all the time), but I truly do believe that the argument for knowingly making a false claim for tax purposes is possible if you provide no support for them but claimed supporting over 50% of their costs.

 

The other possibility is you actually do provide support for them. Do you cover their housing and meals? Any utilities? That often covers 50% or more of their costs.

But then if so, you are essentially considered responsible for them financially. Their use of food stamps indicates that you are unable to provide that support, which makes sense that USCIS would be concerned that your wife would be in the same state.

 

If you plan to amend taxes, you need to fix all prior years where this was improperly declared. At the same time, be prepared for a very hefty tax bill, especially with penalties.

 

For a new filing, here is the worksheet to use a guidance: https://www.uscis.gov/sites/default/files/policymanual/resources/Appendix-TotalityoftheCircumstancesFramework.pdf

Note the last block: "Previous Public Charge Inadmissibility". This means you really need to have a strong case.