AOS RFE self employed

[Ebunoluwa 6,136]

We received a RFE l. Box marked states : Based on documents submitted income did not meet 125% poverty guideline for petitioners

household size.

But I do meet it !

Poverty 125 % = $ 19912

Income does meet this according to line 22 on my tax return, I am self employed. There is just me and him as household size.

I submitted :

2012 Transcripts------( line 22= $21641)

2013 Transcripts------( line 22= $25127)

2014 Copy of Tax Return (transcripts weren't available when I submitted AOS) ------(line 22= $24586)

Copy of Annuity statement

Copy of professional license

Copies of the last 12 months (April 2014-April 2015) bank statements showing deposits of my two checking accounts.

I selected on page 5 of I-864 under question #10. My current annual household income $24586 (projected)

What more do they possibly want ?

Would an infopass help or should I just send a 2014 Transcript as soon as I get it in the mail and send a bank letter totaling all my deposits

from Jan 2015-current date ? Or showing deposits for the past 12 months ? Re submit all bank statements again ?

Is a new filled out form needed when nothing has changed ?

The rest of the RFE letter goes on about assets 3x the difference (of what ??? I have no idea what I am supposed to be short of, my numbers exceed it)
and a joint sponsor ( I have none and shouldn't need one !).

Just another hassle on this long journey. Please give me some ideas on what they are looking for and how to get my income accepted.

[Ebunoluwa 6,136]

Anyone been in this situation and has resolved it ?

Tax returns also included all relevant schedules, such as schedule C, SE, loss/profit etc.

I will call an accountant Monday about input about a self- employment letter and self- employment ledger and any other possible

self- employment verification method but really want some feedback

on how someone was successful with this.

The VJ consensus has always been they go by line 22. Now line 22 is not working for me even with proof.

So tired of holding their hand and spoon feed everything to them when they are too lazy to

look at all I submitted according to their requirements. It is insane that I have to guess what exactly they want and take a chance on

being accepted or denied. They need to be specific in their RFE. Just loving this typical government run-around. Not. *Rant over*

[KayDeeCee 4,891]

Your RFE puzzles me. You submitted your taxes and bank statements. I am not sure what else they could need for someone that is self-employed.

The 2014 IRS transcript along with the bank letter and re-submission of bank statements with your income deposits highlighted, and quarterly profit/loss statements(if your have them) is all I can think of. They should have had enough evidence already.

Spoon feeding, holding their hands, highlighting, and basically providing giant arrows and flashing neon signs seems to be needed at times. Your rant is valid.

[Ebunoluwa 6,136]

Your RFE puzzles me. You submitted your taxes and bank statements. I am not sure what else they could need for someone that is self-employed.

The 2014 IRS transcript along with the bank letter and re-submission of bank statements with your income deposits highlighted, and quarterly profit/loss statements(if your have them) is all I can think of. They should have had enough evidence already.

Spoon feeding, holding their hands, highlighting, and basically providing giant arrows and flashing neon signs seems to be needed at times. Your rant is valid.

Thank you for your kind input. After all we have been through to now face denial again is really about all I can handle.

I have never been careless with researching and giving them what is required according to their regulations, crossing every t and dotting every i.

I was actually surprised to get an RFE this soon after biometrics and am hoping the EAD processing won't be delayed because of it.

The only thing I can think of is that they would have wanted the transcript 2014. Due to identity theft, someone filing a tax return with my SSN

I was told the 2014 transcript wan't available then but it is on the way being mailed now.

If my items I will send in aren't what they want then will they RFE me again or flat out deny ?

Would a call requesting a tire 2 IO be better than infopass to pin them down to what they want ?

Am very stressed out about this.

Also they no longer send me monthly annuity statements so I did submitted one annual statement, this supplements my income and they

could have seen the direct deposit in my bank statements.

Edited June 14, 2015 by Ebunoluwa

[Ebunoluwa 6,136]

submit * typo.

[KayDeeCee 4,891]

I would highlight the deposits on the bank statements. They could have seen them if they looked, but I bet they did not bother. Use a cover letter that states your income does meet the requirement, what evidence you are submitting, and that the income deposits are highlighted on the bank statements for them to easily see. I would even highlight the Total Income line on your 2014 transcript that proves you met the requirement for your household size.

They can either send another RFE or deny. I have seen them send more than one RFE to people, so I guess it depends on the adjudicator.

Talking to a tier 2 IO might work better than an infopass, but not sure about that. They might blow you off either way and tell you just to provide what the RFE says. You can try either or both before responding though, just to see what they would tell you.

[Ebunoluwa 6,136]

I would highlight the deposits on the bank statements. They could have seen them if they looked, but I bet they did not bother. Use a cover letter that states your income does meet the requirement, what evidence you are submitting, and that the income deposits are highlighted on the bank statements for them to easily see. I would even highlight the Total Income line on your 2014 transcript that proves you met the requirement for your household size.

They can either send another RFE or deny. I have seen them send more than one RFE to people, so I guess it depends on the adjudicator.

Talking to a tier 2 IO might work better than an infopass, but not sure about that. They might blow you off either way and tell you just to provide what the RFE says. You can try either or both before responding though, just to see what they would tell you.

Yes, I was planning on all you suggested and the line 22 was highlighted. Will definitely highlight everything now. Thank you for confirming

my thoughts, much appreciated. Feeling a little more hopeful and encouraged.

[Villanelle 4,121]

Ugh, I hate when this happens..

Before we go into what you put as your income (because I agree it all looks good) lets start with the actual form 864. There could be an error on that. Go to PART 5- (do not count anyone twice) this is where they try to see how close to the edge they can push a person!

Box 1- you should have 1 because you have one alien

Box 2- you should have 1 for you

Box 3- 000000- dont count twice. your alien is your spouse

no kids, no other dependents, and Im hoping they dont have any other 864s for you on file???

Box 8- 2

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I know you dont like looong posts so Im just going to stop here. If you say that didnt fix it- Ill be back.

[Anh map 2,098]

As PP said, go over your 864 to make certain there isn't a typo there. The other accounting info ought not to be needed if line 22 is ok.

Now you did mention something about your SSN being used by another person. Could this be the fly in the ointment? Could that other info be in the system causing a conflict?

[Ebunoluwa 6,136]

Ugh, I hate when this happens..

Before we go into what you put as your income (because I agree it all looks good) lets start with the actual form 864. There could be an error on that. Go to PART 5- (do not count anyone twice) this is where they try to see how close to the edge they can push a person!

Box 1- you should have 1 because you have one alien

Box 2- you should have 1 for you

Box 3- 000000- dont count twice. your alien is your spouse

no kids, no other dependents, and Im hoping they dont have any other 864s for you on file???

Box 8- 2

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I know you dont like looong posts so Im just going to stop here. If you say that didnt fix it- Ill be back.

I double and triple checked everything before I mailed it off and just now re checked my copies again.

Yes, everything is exactly as it should be marked, 1+1=2 no one counted extra.

I remembered many people making mistakes with this part and took extra time to do it right.

Damara, it was not me who said I don't like long posts, we had the attitude discussion lol.....I think it was the one after me who commented about long posts.

Anyway thank you for taking the time to help me out.

I see many get a specific RFE where they know exactly what is requested and I end up with a IO who wants me to read his mind.

I can only hope I can live up to his expectations of ESP.

[Ebunoluwa 6,136]

As PP said, go over your 864 to make certain there isn't a typo there. The other accounting info ought not to be needed if line 22 is ok.

Now you did mention something about your SSN being used by another person. Could this be the fly in the ointment? Could that other info be in the system causing a conflict?

Form checked and triple checked, all as it should be.

Yes, my SSN was used to file taxes by someone else this year and I have reported to all agencies the IRS instructed me to contact to

get the identity theft solved. This was found out in April when I wanted to e-file my taxes, was unable to e-file and had to mail it in instead and when I wanted

the IRS agent to mail me the 2014 transcript a few weeks later she said not available due to the identity issue. I requested the transcript again

a few days ago (just in case I would get an RFE ) and it is being mailed so I should have it by next week.

She was super crabby and very suspicious asking me all kinds of questions to make sure it was really me.

I thought this could also be the fly in the ointment as you put it (more like a rat in the soup) and I can call the IRS to see if this would interfere

with any other other gov agency in regards to income verification. I just wish the ding dong adjudicating my stuff took the time to detail what he wants

but why make it simple when you can do it the hard way right ?!

[Villanelle 4,121]

Im concerned about the identity theft/ someone else filing taxes situation as well. So it can be worth sending in the copies of whatever paperwork that was directed to be sent to the agencies when it happened to get it 'resolved' because as you see it never really resolves itself. Its a pesky crime.

If they somehow feel based on that that your household size is larger (because typically the fraudulent return is sent in with minimum income and lots of dependents for a refund) and they are calculating that min income to you and all those dependents- or an even scarier scenario- somehow your social got tied to another aff of support- because it was stolen- proof of identity theft and a solid I swear I had nothing to do with this- I never gave out my #, signed and aff besides for my alien, or know of any others should negate the issue and prove they are fraudulent if they exist.

thats all speculation though. It could be truly an issue with your numbers. Youve given #s for the last 3 yrs but didnt say if they were all from self employment. Ive noticed that women seem to have harder time then men with this so its like sexist much- but it could just be the nature of the work- something else you didnt mention. (you of course dont have to provide any answers to anything these are just musing on the topic- hopefully something helps you)

So it may not be sexism but just the type of work because they review the stability of the work and you mentioned prof license which is a huge ++. Alot of the women I have helped have assembled packages where there self employment income was from things like aff marketing like click through links or internet based and given a hard time where men who had trucking or cab delivery services or were accountants sailed through.

With self employment you need at least one solid year reflected in your taxes where you should have a profit. Again they will look at the stability of the work because you are looking at a potential 10 year to life contract of support- so is your income viable? If that particular one is not- like in regards to click through links submitting things like plans for the future can be helpful even if they are pipe dreams. Ex and Im totally making this up because I dont think its right to disclose others details in public- but saying to them yeah I currently make 30k on click ads and posting blogs of cats but I can expand that blog to a whole website if need be and I also have submitted proof that I have a nursing degree from X school and that pays X as a starting wage as a fall back career so I am set you dont need to worry about me../

Its a bit creative but submitting proof of education and fall back options can sway them if they feel you are in a risky position or a shaky boat. Since your job has a prof license this may not apply to you- but maybe you are being viewed as little fish in big pond and they are doing so and think you will drown.

Another thing that is helpful besides highlighting deposits is having a monthly profit loss statement which you dont need a CPA to make up but if you have the money to waste on it you can. You can also make them up yourself and have them sign off on it. Your monthly statements should be mini versions of what your sched c is. Because technically you take your mini month versions and at the end of the year add them up for the sched C- and you can also have documents like- depending on the job- client lists, ledgers of work, appointment schedules, time management sheets. Basically something that shows when you actually work. (if I knew the job or category I could give more specific suggestions) You can look up things like how to prove I work from a home office because there are tons of tips of how to satisfy that requirement for the IRS. They love paperwork! Some of it may transfer over in regards to time management sheets and the what not.

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Now you can and probably should call up the tier 2 and try to get some clarification about what they want. What will probably happen. Youll call and they will have to open a ticket and ask your question. Youll probably have to call back a few days later to get the response. In the between time I would actively start preparing the rfe response.

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also want to add sorry- I didnt forget who you were. I mean I did but I didnt. this new migraine med is doing a number to my short term memory. when you take it you dont know where you park, dont take it and you suffer. So theres no answer.... Hmm, I also forgot about the attitude thing. I probably shouldnt have put up Crulla de Ville as a profile pic then huh? I just saw the movie the other day and thought she was so dastardly delightful and doesnt get much play I would give her some love but probably a bad idea.

[Ebunoluwa 6,136]

Im concerned about the identity theft/ someone else filing taxes situation as well. So it can be worth sending in the copies of whatever paperwork that was directed to be sent to the agencies when it happened to get it 'resolved' because as you see it never really resolves itself. Its a pesky crime. No paperwork was required to be send in, just a phone call

stating my SSN has been used to SS office, the 3 credit bureaus, FTC and IRS.

If they somehow feel based on that that your household size is larger (because typically the fraudulent return is sent in with minimum income and lots of dependents for a refund) and they are calculating that min income to you and all those dependents- or an even scarier scenario- somehow your social got tied to another aff of support- because it was stolen- proof of identity theft and a solid I swear I had nothing to do with this- I never gave out my #, signed and aff besides for my alien, or know of any others should negate the issue and prove they are fraudulent if they exist. The IRS has my tax return that I filed and can distinguish it from the fraudulent one. On my return there is nothing about

questionable household size. This 2014 transcript will be send in for the RFE as soon as I get it in the mail.

thats all speculation though. It could be truly an issue with your numbers. Youve given #s for the last 3 yrs but didnt say if they were all from self employment. Ive noticed that women seem to have harder time then men with this so its like sexist much- but it could just be the nature of the work- something else you didnt mention. (you of course dont have to provide any answers to anything these are just musing on the topic- hopefully something helps you) All were from self employment.

So it may not be sexism but just the type of work because they review the stability of the work and you mentioned prof license which is a huge ++. Alot of the women I have helped have assembled packages where there self employment income was from things like aff marketing like click through links or internet based and given a hard time where men who had trucking or cab delivery services or were accountants sailed through.

With self employment you need at least one solid year reflected in your taxes where you should have a profit. Again they will look at the stability of the work because you are looking at a potential 10 year to life contract of support- so is your income viable? If that particular one is not- like in regards to click through links submitting things like plans for the future can be helpful even if they are pipe dreams. Ex and Im totally making this up because I dont think its right to disclose others details in public- but saying to them yeah I currently make 30k on click ads and posting blogs of cats but I can expand that blog to a whole website if need be and I also have submitted proof that I have a nursing degree from X school and that pays X as a starting wage as a fall back career so I am set you dont need to worry about me../ I am a profitable sole proprietor of a licensed Therapeutic Massage Therapy

business for the past 20 years and work out of a Chiropractic clinic, not as sub contractor so no 1099. No click through cat blog !

Its a bit creative but submitting proof of education and fall back options can sway them if they feel you are in a risky position or a shaky boat. Since your job has a prof license this may not apply to you- but maybe you are being viewed as little fish in big pond and they are doing so and think you will drown. Still swimming after 20 years and the professional

license trumps the need to submit educational proof.

Another thing that is helpful besides highlighting deposits is having a monthly profit loss statement which you dont need a CPA to make up but if you have the money to waste on it you can. You can also make them up yourself and have them sign off on it. Your monthly statements should be mini versions of what your sched c is. Because technically you take your mini month versions and at the end of the year add them up for the sched C- and you can also have documents like- depending on the job- client lists, ledgers of work, appointment schedules, time management sheets. Basically something that shows when you actually work. (if I knew the job or category I could give more specific suggestions) You can look up things like how to prove I work from a home office because there are tons of tips of how to satisfy that requirement for the IRS. They love paperwork! Some of it may transfer over in regards to time management sheets and the what not. Working on a profit/loss prepared and signed off by CPA. My current ledger contains client names which

would violate privacy laws if I disclosed them to anyone or any entity. Therefore working on a new ledger without client names. Hipaa privacy law. My appointment book

also contains names and numbers and personal client notes so that's a no go. Waiting for appointment with CPA.

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Now you can and probably should call up the tier 2 and try to get some clarification about what they want. What will probably happen. Youll call and they will have to open a ticket and ask your question. Youll probably have to call back a few days later to get the response. In the between time I would actively start preparing the rfe response.

Planning on doing that today.

--

also want to add sorry- I didnt forget who you were. I mean I did but I didnt. this new migraine med is doing a number to my short term memory. when you take it you dont know where you park, dont take it and you suffer. So theres no answer.... Hmm, I also forgot about the attitude thing. I probably shouldnt have put up Crulla de Ville as a profile pic then huh? I just saw the movie the other day and thought she was so dastardly delightful and doesnt get much play I would give her some love but probably a bad idea.

Even Cruella needs some love ! You really must try massage therapy for your migraines. Consistently once a week and I promise you will feel better

[Ebunoluwa 6,136]

Call to tier 2 was useless. After I rattled down my issue the IO just said that send as much as I can with a letter explaining why I can't

send certain things. She can't see the confidential specifics that our adjudicator has a problem with. Lovely. They should make this a game where

when you guess what they want then bells go off and I win a prize.

When asked if it will put the EAD/AP on hold she said no, only the I-485. I have read different sides of this, yes it does and no it doesn't.

[Villanelle 4,121]

I dont think the 864 holds up the EAD. I know some people get it held up, but I think thats only when specific docs like the marriage license is missing and the whole package is put on hold, but I can be wrong.

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I know its infuriating but I would try another tier 2 and take more control and be more like yes Im calling back because they said that you needed my specific case number and I didnt have it last time and you could send a message to the officer on my case and Im ready now so go ahead Ill wait and kind of boss them into opening a service request where they ask the officer what the deal is.

But hey Im either a nag or a really good motivator lol. Depends which way the wind is blowing. I get things done though. So Miss Ebun this is going to get fixed. There is no way that someone who has helped so many on here is going to go down like this. No/ Just no. Bah I think Im more angry then you are.. So a response will be sent.

No paperwork was required to be send in, just a phone call

stating my SSN has been used to SS office, the 3 credit bureaus, FTC and IRS.

Have you pulled up any of your free credit reports? It may show something on there reflecting the issue. You can get a free report from each agency once a year. If theres not- then make your own letter stating what the issue was, certify it and thats the paperwork.

profitable sole proprietor of a licensed Therapeutic Massage Therapy

business for the past 20 years and work out of a Chiropractic clinic, not as sub contractor so no 1099. No click through cat blog !

Still swimming after 20 years and the professional

license trumps the need to submit educational proof.

That means youre probably in the same age bracket as me. Did you tell them that? Well not that, but that you have all that experience? A summary letter detailing this is not your first rodeo. If all they got was numbers they have no idea that you have decades of experience with this and have been living off it. Sole proprietor is mighty impressive. BRAG.

Therefore working on a new ledger without client names.

^This. In your bus summary you can state that. Hippa laws and the what not. List how many clients, contracts you have- slam them with proff garble and jargon.

Your issue either had to be something with the tax return because another one was filed, so a statement from you clearing that up along with maybe a credit report backing up the claim of identity theft OR if you just sent in financial records and no explanation of what it was you do and how long youve been doing it and what they were looking at. Some like the resume style application with the I am a therapist I have been doing this 20 years, I have a client list of X amount with an average of X repeats and X contracts pending into 2015. I have a projected income of X. I went to school here. I operated locations here and there and serve clients suffering from X Y and Z. This is a steady business with no indication of ceasing as its medically based and people will always have the need for it. Its a field thats projected to grow in the future. Blah blah blah. Im attaching some monthly profit loss statements as well as my yearly schedule C, I always have profits in excess of my operating costs. I am also able to take on additional clients if need by to increase profits .

You really must try massage therapy for your migraines. Consistently once a week and I promise you will feel better

I have! And they do! its a dream.. I go for that and I have a broken tail bone that gives me back pain. once a week? You people are so expensive! yeah okay for the rest of my life Ill just sign my check over to you!! How ironic that USCIS says youre too broke to have a spouse. pssh.