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

[jan22 3,055]

35 minutes ago, MoroccanLover40 said:

I pay for rent and everything else except food so they are dependent on me for rent, bills and etc.... I known now I can't put them on my tax returns because their on food stamps even though I was directed that I can claim them from my tax preparer. They have declined us and the application is closed so that's why we are sending in a new application. 

I'm out.  You keep changing the information you provide about your situation, so there's really no way to provide an appropriate response that will be helpful.  Good luck.

[Ayrton 965]

4 minutes ago, S*UK said:

 

He also stated that after this, they refiled another application which was subsequently rejected on grounds that they file public charge paperwork. In total 3 consecutive applications, all rejected. I'm just as confused here so that's all the advice I have. 

I think that's what happened:

 

First Application: Denied because of wrong household size.

 

Second Application: Rejected because didn't send I-944.

 

Third Application: Rejected because lawyer checked the wrong category.

 

Or maybe 2 and 3 are the opposite.

 

Edited April 21, 2020 by Ayrton

[LizaJane 13]

1 hour ago, jan22 said:

Thanks for the clarifications.  Your posts have been confusing.

 

You do now understand that, to be your dependents for tax purposes, you need to provide more than 50% of your parents' support, right?  As that is not the case, they should not be claimed.  However, since you have claimed them as dependents, you need to include them as your dependents on your wife's AOS.  (You should also amend your tax returns, but that will take some time.)

 

You should not be filing any new I-485 applications -- you just have to respond to the RFE on the current one, at least until it is outright denied.  On I y then wou I do you gave to file a new one.  I don't know why your lawyer is doing that.  (And then marking the wrong category on it!)  Your AOS should show sufficent income for 4 people (you, your parents, and your wife).  

But he does support his parents by at least 50%. They live with him and he stated they have no income at all. Therefore since he pays the mortgage/rent, utilities and/or household necessities he IS providing more than 50% for them. They are a part of his household as dependents and  therefore must be included in the household size on the immigration application.

[jan22 3,055]

Just now, LizaJane said:

But he does support his parents by at least 50%. They live with him and he stated they have no income at all. Therefore since he pays the mortgage/rent, utilities and/or household necessities he IS providing more than 50% for them. They are a part of his household as dependents and  therefore must be included in the household size on the immigration application.

OP provided thus info only after I had written my response.  Providing information piecemeal often results in answers that aren't accurate based on the latest revelation.

[MoroccanLover40 2]

Here is the timeline in the best way I can explain it. Sorry I don't mean to be confusing.

 

1. Filed I-485 and sent to USCIS

2. Request of evidence was sent so I sent all my income etcc.....

3. Case rejected and we did not file a appeal. Reason : Incorrect household size 

4. Involved a lawyer and resent I485 and

5. They sent us a rejection again stating we had a pending case even though they rejected and closed our case

5. Sent I-485 again

6.  They sent us a rejection because we checked the wrong box. Lawyer prepared document

7. Lawyer resent application with the correct box ticked

8. Rejected because they want us to fill out the public charge rule paperwork that just came into place.

9. Here we are now on VisaJourney

 

 

My situation

 

Married with Wife and my parents are living with me. I claim them as my dependents and pay for rent, electric and water. 

My mother and Father receive SNAP but me and my wife DO NOT receive snap or any other kind of assistance

I work 2 jobs make about 60k a year or maybe 65 on a good year. I have 40k saved and only have 10k in debt via a car loan. 

My wife goes to school full time and does not work and can't work because she doesnt have papers. 

 

Hope this clears things up    

[LizaJane 13]

Just now, jan22 said:

OP provided thus info only after I had written my response.  Providing information piecemeal often results in answers that aren't accurate based on the latest revelation.

He had stated from the beginning that they live with him and have no income at all, which I took immediately to mean he clearly does provide at least half for them based on rent/mortgage and utilities alone. I see now that he has since stated clearly as much.😊

[Sandra G. 5,047]

8 minutes ago, Ayrton said:

I think that's what happened:

 

First Application: Denied because of wrong household size.

 

Second Application: Rejected because didn't send I-944.

 

Third Application: Rejected because lawyer checked the wrong category.

 

Or maybe 2 and 3 are the opposite.

 

You have a terrible attorney. You need to file the I-485, I-131,I-131A, I864, I693,G-1145 and submit form I-944 as well.Your household is calculated considering YOURSELF, your spouse, and any other dependent  listed on your most recent Federal income tax (your parents), total 4 people.

USCIS states :

Item Number 5. Type or print the number of any other dependents. You must include each and every person whom you have claimed as a dependent on your most recent Federal income tax return, even if that person is not related to you. Even if you are not legally obligated to support that person, you must include the person if, in fact, you did support that person and claimed the person as a dependent.

[jan22 3,055]

7 minutes ago, LizaJane said:

He had stated from the beginning that they live with him and have no income at all, which I took immediately to mean he clearly does provide at least half for them based on rent/mortgage and utilities alone. I see now that he has since stated clearly as much.😊

Yet, he also said,  "I do not support them at all.  I just had them on my taxes.... I just help them with occasional things."  Hard to know exactly where things stand.

[Ayrton 965]

13 minutes ago, sandranj said:

You have a terrible attorney. You need to file the I-485, I-131,I-131A, I864, I693,G-1145 and submit form I-944 as well.Your household is calculated considering YOURSELF, your spouse, and any other dependent  listed on your most recent Federal income tax (your parents), total 4 people.

USCIS states :

Item Number 5. Type or print the number of any other dependents. You must include each and every person whom you have claimed as a dependent on your most recent Federal income tax return, even if that person is not related to you. Even if you are not legally obligated to support that person, you must include the person if, in fact, you did support that person and claimed the person as a dependent.

You probably quoted the wrong person. I'm not the OP.

[MoroccanLover40 2]

42 minutes ago, jan22 said:

I'm out.  You keep changing the information you provide about your situation, so there's really no way to provide an appropriate response that will be helpful.  Good luck.

Here is the timeline in the best way I can explain it. Sorry I don't mean to be confusing.

 

1. Filed I-485 and sent to USCIS

2. Request of evidence was sent so I sent all my income etcc.....

3. Case rejected and we did not file a appeal. Reason : Incorrect household size 

4. Involved a lawyer and resent I485 and

5. They sent us a rejection again stating we had a pending case even though they rejected and closed our case

5. Sent I-485 again

6.  They sent us a rejection because we checked the wrong box. Lawyer prepared document

7. Lawyer resent application with the correct box ticked

8. Rejected because they want us to fill out the public charge rule paperwork that just came into place.

9. Here we are now on VisaJourney

 

 

My situation

 

Married with Wife and my parents are living with me. I claim them as my dependents and pay for rent, electric and water. 

My mother and Father receive SNAP but me and my wife DO NOT receive snap or any other kind of assistance

I work 2 jobs make about 60k a year or maybe 65 on a good year. I have 40k saved and only have 10k in debt via a car loan. 

My wife goes to school full time and does not work and can't work because she doesnt have papers. 

 

Hope this clears things up    

[MoroccanLover40 2]

22 minutes ago, sandranj said:

You have a terrible attorney. You need to file the I-485, I-131,I-131A, I864, I693,G-1145 and submit form I-944 as well.Your household is calculated considering YOURSELF, your spouse, and any other dependent  listed on your most recent Federal income tax (your parents), total 4 people.

USCIS states :

Item Number 5. Type or print the number of any other dependents. You must include each and every person whom you have claimed as a dependent on your most recent Federal income tax return, even if that person is not related to you. Even if you are not legally obligated to support that person, you must include the person if, in fact, you did support that person and claimed the person as a dependent.

And currently we are doing exactly that 

[MoroccanLover40 2]

24 minutes ago, jan22 said:

Yet, he also said,  "I do not support them at all.  I just had them on my taxes.... I just help them with occasional things."  Hard to know exactly where things stand.

Thank you 😊 

[MoroccanLover40 2]

I'll keep everyone updated on my wife's status in case somebody else has a problem similar to mine. Pray for me people 🙏 

[Sarah&Facundo 595]

If you claim them as dependents, they are considered part of your household. If they file for benefits, then your household has filed for benefits. You aren't separate for some things and not others. It's all or nothing with this. You are correct with what you have been told and I am sure you have saved a good amount on taxes by counting them as dependents, but most people do not have to use their taxes to provide support for intending immigrants so that we have to something to consider for ourselves. You do not need to move away. My husband and I are living with my mom right now, but we are not considered the same household. My husband and I file separate taxes from my mom, no one is listed as one another's dependents, and we do not support each other. We just have the same address.

[MoroccanLover40 2]

15 minutes ago, Sarah&Facundo said:

If you claim them as dependents, they are considered part of your household. If they file for benefits, then your household has filed for benefits. You aren't separate for some things and not others. It's all or nothing with this. You are correct with what you have been told and I am sure you have saved a good amount on taxes by counting them as dependents, but most people do not have to use their taxes to provide support for intending immigrants so that we have to something to consider for ourselves. You do not need to move away. My husband and I are living with my mom right now, but we are not considered the same household. My husband and I file separate taxes from my mom, no one is listed as one another's dependents, and we do not support each other. We just have the same address.

Yeah I'm probably going to do my taxes just like your family but now waiting to see if they approve or decline and see what the reason is for the rejection if it gets rejected that is. I'm hopeful because I make enough to support a family of 4 and more.