bellaesq

I think this is the forum for this question, and I hope someone here can answer this question for me....

I am the petitioner for my husband.

(1) He entered and was issued an I-94 in 2004.

(2) He was paroled into the country for asylum proceedings and was denied in asylum in 2005. We believe an order of voluntary removal was issued to his attorney in Miami, but he has no record of what it said. He has lived in NY since.

(3) We got married in 2012 and filed the I-130 and it was approved in about 6 months.

(4) In August 2016 we filed the I-485 and I-765. Biometrics, fingerprints, all completed.

(5) In September 2016 we received the 1st RFE letter asking for financial information and the I-864 form.

(6) In November 2016 we received a 2nd RFE asking for 12 months of bank statements. We are sending that tomorrow.

Here are the Qs:

Is he in what is considered "removal proceedings?"

We anticipated that we would have to go back and reopen the asylum case (motion to reopen) and show the new evidence of our marriage.

Since we are now on our 2nd RFE, does that mean we will not be required to reopen the case? Can they deny the I-485 based on the order of removal from 2005? Would they continue to ask for information if they would deny and send us back to the beginning?

Should we send in the 601?

Thank you!

I think this is the forum for this question, and I hope someone here can answer this question for me....

I am the petitioner for my husband.

(1) He entered and was issued an I-94 in 2004.

(2) He was paroled into the country for asylum proceedings and was denied in asylum in 2005. We believe an order of removal was issued to his attorney in Miami, but he has no record of what it said. He has lived in NY since.

(3) We got married in 2012 and filed the I-130 and it was approved in about 6 months.

(4) In August 2016 we filed the I-485 and I-765. Biometrics, fingerprints, all completed.

(5) In September 2016 we received the 1st RFE letter asking for financial information and the I-864 form.

(6) In November 2016 we received a 2nd RFE asking for 12 months of bank statements. We are sending that tomorrow.

Here are the Qs:

Is he in what is considered "removal proceedings?"

We anticipated that we would have to go back and reopen the asylum case (motion to reopen) and show the new evidence of our marriage.

Since we are now on our 2nd RFE, does that mean we will not be required to reopen the case? Would they continue to ask for information if they would deny and send us back to the beginning?

Should we send in the 601?

The only thing I can think of in the case of a business owner is that your expenses may be bringing down your profit. I believe there was someone on this website a couple of years ago whose company brought in plenty of revenue but then almost all of it went on expenses leaving something like $5k which was all that was counted for the I-864. Obviously not enough.

Thank you for the response, and I absolutely considered that. It's not the case, plus I have proof of home ownership with equity and sufficient savings. I'm sending the package out again tomorrow, I'll keep you updated on the response!

Get an IRS transcript.

What does your Total Income line from your most recent tax return show? Line 22 of your 1040? That is what they will go by.

Not sure what assets you are using, but if it is your home, they need a professional appraisal and proof of any liens in order to get the net value. If using an automobile, you must own more than one. You have to provide proof of ownership and value of every asset. They tend to ask for 12 months of bank statements when using money in an account as an asset.

Thank you so much for the response - I outlined the sums in line 22 of the 1040 for the last 3 years. The only year that is a problem is the 2015 because all the income went to a C-corporation and it was filed on Form 1120. I sent all the 1120s and CT3s in as well.

I have the county tax assessment on the home, a copy of the mortgage statement and the net value is approximately $ 160,000. Even if they ignore the C-corp return and they say that my 2015 income on the 1040 of $ 2000 is short by $ 18,025 x 3 = $ 54,075, this is more than sufficient.

Add the bank statements of about $ 100,000. Do you see where there could be a problem? Should I go to infopass or try to call?

I have the same problem - maybe someone could help?

I am the petitioner for my spouse. I sent in all tax returns, schedules and accompanying balance sheets. I own 2 companies so I sent in the Sch Cs as well. I do not have W-2s as I am self employed. My income for the past 3 years ( I sent 3 years of taxes) was more than the 125% poverty guideline of $ 20,025. I also sent evidence of assets valued over $ 400,000 and my bank statement ( I sent 3 months and now they are asking for 12 months).

I'm confused. I tried to send a solid package and the RFE letter still says the net value of the assets do not make up 3 times the difference between the income and guidelines.

Am I missing something?

I have the same problem - maybe someone could help?

I am the petitioner for my spouse. I sent in all tax returns, schedules and accompanying balance sheets. I own 2 companies so I sent in the Sch Cs as well. I do not have W-2s as I am self employed. My income for the past 3 years ( I sent 3 years of taxes) was more than the 125% poverty guideline of $ 20,025. I also sent evidence of assets valued over $ 400,000 and my bank statement ( I sent 3 months and now they are asking for 12 months).

I'm confused. I tried to send a solid package and the RFE letter still says the net value of the assets do not make up 3 times the difference between the income and guidelines.

Am I missing something?