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txvl66

i-485 non-sufficient evidence

By txvl66 in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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txvl66 Apprentice

txvl66   6

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Filed: K-1 Visa Country: Laos
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Hi again!

 

I submitted my spouse's application for AOS, however, we got this letter in the mail regarding our I-485 Affidavit of Support. I'm not entirely sure what went wrong. It says I'm not qualified (or they cannot determine my qualification for making above 125% of the poverty guideline. Last time I check, I make more than 125% (I make around 50K per year). I'm not entirely sure what else I'm missing. Can anyone help chime in? I can review what I submitted and what I speculate that might be missing - and I'll need everyone's thoughts on this.

 

What I submitted:

1) A completely filled out i-485 application

2) Signed and dated (paid)

3) IRS tax transcript of 2020 and 2021 (I went to their website and downloaded this)

4) A copy of my 2022 taxes, which I filed late so I couldn't get the transcript

 

What I think they may need:

1) Proof of employment? (Unsure on how to do this as I am self-employed with my own business)

2) Paystubs (Again, unsure how to do this as I am my own boss - I just do a bi-weekly owner's draw)

3) The 2022 should be an IRS tax transcript instead of being photocopied

 

Let me know what ya'll think!

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K1visaHopeful Experienced

K1visaHopeful   2,663

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Filed: Lift. Cond. (apr) Country: Canada
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For self employed individuals, Gross Adjusted not Gross Total applies. 

Does your Gross Adjusted as listed on your 2022 ITR match what you wrote in as your current income on the I864 (not I485)?

Does that amount meet the FPGLs?

Often SEs do not report all of their income to reduce the amount of taxes owed thus their GA never meets the guidelines. 

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txvl66 Apprentice

txvl66   6

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Filed: K-1 Visa Country: Laos
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29 minutes ago, K1visaHopeful said:

For self employed individuals, Gross Adjusted not Gross Total applies. 

Does your Gross Adjusted as listed on your 2022 ITR match what you wrote in as your current income on the I864 (not I485)?

Does that amount meet the FPGLs?

Often SEs do not report all of their income to reduce the amount of taxes owed thus their GA never meets the guidelines. 

 

Bingo! I think that might be the issue! I just looked over my taxes and it said I made 7K lol

 

I definitely made more than that though. Do you think i should adjust my taxes to reflect that or should I provide my K-1 tax filing along with an explanation? 

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K1visaHopeful Experienced

K1visaHopeful   2,663

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Filed: Lift. Cond. (apr) Country: Canada
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1 hour ago, txvl66 said:

 

Bingo! I think that might be the issue! I just looked over my taxes and it said I made 7K lol

 

Sadly, it's always the "issue" with SEs.

 

1 hour ago, txvl66 said:

I definitely made more than that though. Do you think i should adjust my taxes to reflect that

 

 

You're going to have to and take the tax hit and possibly be audited for other years as well for such a drastic "change" in income.

 

1 hour ago, txvl66 said:

or should I provide my K-1 tax filing along with an explanation? 

That's irrelevant.

Current tax year proof is required. 

And that tax proof must meet the FPGLs to be considered a viable sponsor.

 

Or you could just get viable Joint Sponsor.

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EM_Vandaveer Experienced

EM_Vandaveer   2,370

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Filed: Citizen (apr) Country: Hungary
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Get a joint sponsor.

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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txvl66 Apprentice

txvl66   6

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Filed: K-1 Visa Country: Laos
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Shoot.

 

I may have some tough decisions to make tomorrow then. I was gonna call to get my taxes readjusted but I will ask my brother to see if he can be a joint sponsor. 

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Pinkrlion Mentor

Pinkrlion   2,610

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Filed: Country: Jamaica
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57 minutes ago, txvl66 said:

Shoot.

 

I may have some tough decisions to make tomorrow then. I was gonna call to get my taxes readjusted but I will ask my brother to see if he can be a joint sponsor. 

Hopefully he is not self employed.  You gross adjusted is the only line they look at on your taxes as proof of income. 

Phase I - IV - Completed the Immigration Journey 

 

 

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Bob in Boston Rising Star

Bob in Boston   627

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Filed: Citizen (apr) Country: Philippines
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3 hours ago, txvl66 said:

I may have some tough decisions to make tomorrow then. I was gonna call to get my taxes readjusted but I will ask my brother to see if he can be a joint sponsor. 

I would call your brother, You dont want to wake up that IRS can of worms.

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txvl66 Apprentice

txvl66   6

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Filed: K-1 Visa Country: Laos
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I think I'll ask my brother for the joint sponsorship. 

 

Does anyone know if this will impact his sponsorship of his spouse in the future? He's currently doing the paperwork for her. 

 

Thanks!

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Crazy Cat Grand Master

Crazy Cat   39,312

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Filed: Citizen (apr) Country: Taiwan
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An RFE is an EXTREMELY serious situation.  You get only one shot at satisfying them.  Don't screw with your taxes.  By all means, find a WELL-QUALIFIED joint sponsor and submit accurate documentation asap.  

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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txvl66 Apprentice

txvl66   6

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Filed: K-1 Visa Country: Laos
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1 hour ago, Crazy Cat said:

An RFE is an EXTREMELY serious situation.  You get only one shot at satisfying them.  Don't screw with your taxes.  By all means, find a WELL-QUALIFIED joint sponsor and submit accurate documentation asap.  

 

Thank you for the reality check. I won't screw around with my taxes. I'll just get my brother to be a joint sponsor. 

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SalishSea Grand Master

SalishSea   16,791

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Filed: Lift. Cond. (apr) Country: New Zealand
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1 hour ago, txvl66 said:

I think I'll ask my brother for the joint sponsorship. 

 

Does anyone know if this will impact his sponsorship of his spouse in the future? He's currently doing the paperwork for her. 

 

Thanks!

Potentially, as he will have to list all sponsored immigrants.

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txvl66 Apprentice

txvl66   6

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Filed: K-1 Visa Country: Laos
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I'm new to the joint sponsor thing. Will my brother have to fill out his own i-864 form and send it along with mine along with his supporting docs?

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SalishSea Grand Master

SalishSea   16,791

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Filed: Lift. Cond. (apr) Country: New Zealand
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On 10/16/2023 at 2:01 PM, txvl66 said:

I'm new to the joint sponsor thing. Will my brother have to fill out his own i-864 form and send it along with mine along with his supporting docs?

Yep.

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