murrellal

I had a similar problem when I turned USC and they suggested to get it fixed prior to petitioning. It took 14 months for my parents marriage certificate to get fixed.

Thanks for the reply...

We decided to include an explanation letter and two letters from relatives saying they were at the wedding.

We followed the directions on the I-130 instructions:

Will let you know the outcome...

I just became a US citizen and my mother and father are coming over on a I-130. They already have their passports and birth certificates but their marriage certificate has the wrong birth date of my mother. It is dated one year later on the marriage certificate.

It will take months to recieve the official marraige certificate with the revisions. I have heard that is better to send the original document in because it looks less fixed or should we wait for the revised one? Also, we could not mention anything and submit or

write an explanation with the I-130.

Any advice would be greatly appreciated.

Thanks...

Your case would have slipped through the cracks if they approved you while you were under the poverty line.

I fulfilled the requirements with the K-1 that was approved by the DOS in Manila, thus giving us a visa and permission to get married on American soil. After we got married now I don't fit the financial requirements and my wife is illegally in the country. It's harsh. But now we are moving forward.

Line 22 is actually "Total Income" and is higher than "Adjusted Gross Income" so I should have had more of a chance of satisfying the USCIS. If they would have done any trending I would have made it over the Federal Poverty Level.

Exactly. But you have to give them more than one tax return to review in order for that to happen.

Was Line 22 over the levels for 2008?

The rest seems more like a false claim or perjury. I stated the truth with documents and told them I could submit a joint sponsor and they said it is not necessary at this time.

And you got this information from - where? Calling the I-800 number?

I gave them three years worth of Taxes and Schedule C's. I mad way over the Federal Poverty Level in the previous years.

Yes, I called the 1-800 number and got the answer there...

Regards the I-800 number, it's long been known around here as the "Misinformation Line". They don't call it that for nothing. I've called them myself - anything they tell me I research after the fact.

Regards your tax returns - I'm curious what you mean when you say you sent "three years worth of Taxes and Schedule C's". Did you send the ENTIRE return? With attachments? Including ANY W-2's (if you had any?) If you didn't send ENTIRE COMPLETE returns (whether you qualify or not) they can kick out the affidavit right there.

If so - then you were originally on the right track but left out a step I would have taken. I would have EXPLAINED in an attachment why I was sending three years. In other words, I would have pointed out to them that my most recent return showed income considerably lower than other years because of capital investments. I would have pointed out to them that this could be proven by finding said investments on the Schedule C.

I know I said to you that they can read a tax return and understand trending and averaging. But as in any scenario where one is reaching outside the normal qualifiers, it doesn't hurt to lead the horse to water.

I had an unusual scenario with my affidavit when sponsoring my husband. When I submitted it, I explained all my logic in an attachment to the affidavit. I also included a joint sponsors affidavit (in case they didn't like mine) and I also EXPLAINED that I hoped they would find my affidavit suitable, but if not - here was another. I was successful in having the joint sponsors affidavit handed back to me at the face-to-face interview.

I submitted all three years 1040 along with the schedule C. I did write a letter both times, first with the taxes and the second time with my assets.

I appreciate your help and I should have done what you did by including a I-864 from my joint sponsor with the list of assets...

I am now getting off of here because I am more stressed over this posting on the forum than the actual immigration case. My wife is Filipina and is used to problems with paperwork and getting let down. She calls it a "Requirement", and we just need to work through it. In 11 years of owning a restaurant I have employed legal immigrant who had major problems with their papers and they all worked through it and are still here legally. There cases looked much worse than mine.

I am done with you calling me out as a victim, easy to do so on the internet... I will just post the outcome of this case. Thanks everyone for your help.

To the contrary... I am telling you to STOP with the victim idea (I am going to the press with this, it fell through the cracks) and get your act together so you can get the solution you need...

I appreciate your help and guidance but I think you are underestimating where I am on this situation. The final plan if all else failed would be to blow this up by involving the media and I am only at the beginning of this problem so that can change drastically.

I do truly feel my case has slipped through the cracks, but first things first. I figured out the best thing from my Dad, and that was to get FREE IMMIGRATION LEGAL AID in the form of an attorney. Locally, we have three non-profit companies that do this exact thing. That is step one, until I do that I don't know what step two will be. I have other plans for backup, but don't need to go there yet.

All this copy and paste and I think you should have added this, directions from the I-864:

"If you checked box 22(B) (self-employed), you should havecompleted one of the following forms with your Federalincome tax return: Schedule C (Profit or Loss from Business),Schedule D (Capital Gains), Schedule E (SupplementalIncome or Loss) or Schedule F (Profit or Loss from Farming).You must include each and every Form 1040 Schedule, if any,that you filed with your Federal tax return."

Line 22 is actually "Total Income" and is higher than "Adjusted Gross Income" so I should have had more of a chance of satisfying the USCIS. If they would have done any trending I would have made it over the Federal Poverty Level.

What is your point? They want to see the "source" of your income (Schedules C, D, F, E, 1099) just like they want to see the "source" of a regular wage earners income (W-2). But in the end, they look to LINE 22....

It does not help you to "pizz" at the people here and to continue this line of thinking. You need to organize you arguement in such a way that you will succeed... If you continue with the "injured applicant" and procedural failure tact... YOU WILL FAIL. Find the fact pattern that will get you success.

PS I have never said anything other than Total Income (Line 22). It was another poster that introduced the concept of AGI.

I am done with you calling me out as a victim, easy to do so on the internet... I will just post the outcome of this case. Thanks everyone for your help.

Line 22 is actually "Total Income" and is higher than "Adjusted Gross Income" so I should have had more of a chance of satisfying the USCIS. If they would have done any trending I would have made it over the Federal Poverty Level.

Exactly. But you have to give them more than one tax return to review in order for that to happen.

Was Line 22 over the levels for 2008?

The rest seems more like a false claim or perjury. I stated the truth with documents and told them I could submit a joint sponsor and they said it is not necessary at this time.

And you got this information from - where? Calling the I-800 number?

I gave them three years worth of Taxes and Schedule C's. I mad way over the Federal Poverty Level in the previous years.

Yes, I called the 1-800 number and got the answer there...

We would like to avoid an attorney if at all possible.

I assume that you have heard this saying: A man who represents himself has a fool for a client.

This is no time to be looking to save money. I'd go find a lawyer TODAY and get on this right away, it may take time to file things and get appointments so don't wait.

You are correct. This guy can NOT NOT afford to get a lawyer. He needs some big guns in his corner immediately. If he wants to keep wifey, now is NOT the time to cheap out. Go big or go home!

probably go home. op seems to not want advice from some of the best available here at vj. no I am not talkin about CINO.....

I am not trying to make problems here, just questioning. That's it. The go home part you said, I really doubt that will happen. I just need to pay the $585 and the I-290B with the new joint sponsor and it will be golden. First, I want to include the free attorney to see what they say and in turn may help people in the future that have a similar situation as I do. I am taking advice bu,t in the internet forum arena, I always need to digest what is on here and then make a decision that is intelligent, researched and one that I feel comfortable with.

Here it is, Murrellal - in writing (from the June 2006 USCIS memo I linked above):

IMPORTANT: USCIS may encounter a case in which the sponsor (i.e., a petitioning sponsor, substitute sponsor, or joint sponsor) neglected to file evidence corroborating the sponsor’s claims about his or her employment and anticipated income for the year in which the sponsor signed the Form I-864. Strictly speaking, failure to submit this evidence would be a sufficient reason to issue a request for evidence and to deny the Form I-485 if the requested evidence is not submitted. Before issuing a request for evidence, however, USCIS should consider whether other evidence in the record supports the conclusion that the sponsor’s claims on the Form I-864 about the sponsor’s current employment and anticipated income are true. Remember, the sponsor’s statements about his or her employment and anticipated income are made under penalty of perjury. Thus, these statements on the Form I-864 are themselves evidence.

"USCIS may encounter a case in which the sponsor (i.e., a petitioning sponsor, substitute sponsor, or joint sponsor) neglected to file evidence corroborating the sponsor’s claims about his or her employment and anticipated income for the year in which the sponsor signed the Form I-864. Strictly speaking, failure to submit this evidence would be a sufficient reason to issue a request for evidence and to deny the Form I-485 if the requested evidence is not submitted."

I understand this, read my posts and you will see...

The rest seems more like a false claim or perjury. I stated the truth with documents and told them I could submit a joint sponsor and they said it is not necessary at this time.

Guys guys guys! *blows whistle*

Here's where a little bit of research (before filing any document with USCIS/DOS) is critical. I think we need to have an exercise in calculating self-employment income. The thread may answer some questions for the OP - it will be beneficial for readers now and in the future.

First, here's a copy & paste directly from the instructions for the I864 itself:

You must provide either an IRS transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year. If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopiesof your Federal individual income tax returns for the three most recent years.

This instruction should be a clue to the self-employed individual. It's also a clue that proves USCIS is indeed willing to use the same methods applied by banks and other financial entities of trending income.

Here's a great link for anyone who is processing an I864. It's a lengthy interoffice memo to adjudicators which explains the changes to the I864 that took place in 2006. It is not all-encompassing but it explains IN WRITING to adjudicators the proper way to calculate and analyze the document.

http://www.uscis.gov/files/pressrelease/AffSuppAFM062706.pdf

Payxibka is correct in that Line 22 of the 1040 is where adjudicators look at the income. This holds true for the self employed as well the normal everyday wage earners. Here's another copy & paste from that directive:

(D) Federal Tax Return(s). No matter whether a sponsor submits Form I-864 or I-864EZ, the sponsor must provide a copy or an IRS-generated transcript of the sponsor’s Federal income tax return for the sponsor’s most recent tax year. Each Federal tax return must include all the supplements and attachments that were sent to the IRS with the tax return. For purposes of demonstrating means to maintain income, the determining income amount is the income, before deductions, on the sponsor’s income tax return. In other words, income means an individual's total income (adjusted gross income for those who file IRS Form 1040EZ) for purposes of the individual's U.S. Federal income tax liability, including a joint income tax return (e.g., line 22 on the 2005 IRS Form 1040, line 15 on the 2005 IRS Form 1040-A, or line 4 on the 2005 IRS Form 1040EZ or the corresponding line on any future revision of these IRS Forms).

This makes sense. As payxibka says, that's the figure where personal income resides. Despite some contentions in this thread, USCIS is sophisticated enough to read a tax return and understand that it is on this line of the tax return where CASH resides. As most prudent self-employed person do make choices to re-invest their income in their business in order for it to remain viable, the best way to prove consistency of income is through trending, which involves producing the last three years of tax returns and averaging the Line 22 figure from those three years.

All this copy and paste and I think you should have added this, directions from the I-864:

"If you checked box 22(B) (self-employed), you should havecompleted one of the following forms with your Federalincome tax return: Schedule C (Profit or Loss from Business),Schedule D (Capital Gains), Schedule E (SupplementalIncome or Loss) or Schedule F (Profit or Loss from Farming).You must include each and every Form 1040 Schedule, if any,that you filed with your Federal tax return."

Line 22 is actually "Total Income" and is higher than "Adjusted Gross Income" so I should have had more of a chance of satisfying the USCIS. If they would have done any trending I would have made it over the Federal Poverty Level.

Where does it say IN WRITING that you are given one chance on a RFE???

So you don't believe something if it is not in writing? anecdotal and other individuals experiences would indicate this....

Cut the big words. You send like a Democrat on Fox News... :) Just answer my question, yes or no?

Where does it say IN WRITING that you are given one chance on a RFE???[

I was told on the phone by a USCIS that if I didn't satisfy this I would get another RFE and I could then include a Joint Sponsor. So... That is hwere I think I fell through the cracks, but oh wait you want me to have "culpability".

Before you trust lawyers, trust yourself first. Haven't you heard that "Lawyers are liars".

They don't give a damn about you get your GC or not, they are only after your money.

This is my personal opinion, you believe whatever you want to believe.

I agree that some lawyers have stretched the truth so much that they don't even know the truth anymore.

Our legal system is a lot like Asia, where I have lived and travel to a lot, but Asia is more in your face with bribes. Which means you can get results fast. Here we have to hire lawyers to get results.

Can you show any form that talks about AGI threshold? ahhh no! or even S.C.? ahhhh no, his gross is over P.G. Sorry but they are not widely published as you say. And you really don't know what your talking about. If they are looking at his S.C. on his tax return then they are "financial types"

125% of the Federal poverty level is the widely PUBLISHED guideline.... FWIW, they are NOT looking at his Schedule C, they are looking at Line 22 of the 1040. You don't need to be a financial type to locate one number on a tax return...

It is stated in the I-864 directions to include your schedule C so they probably are looking at it... Or the more I understand them maybe they aren't.

I am not a victim here, I do have "culpability." I chose to go through with the fiance visa process, knowing that the USCIS is not 100% flawless and could and should be simplified, especially for US citizens who fall in love with someone overseas. I am just saying that sometimes certain cases can just fall through the cracks, and I feel i am just one of them.

"you chose to go with assets instead of a co-sponsor. You chose that route and it failed.... " Pretty harsh. Come on, we all know this a profit center for them especially my case where they deny it and know I will get the joint-sponsor and they will make $585 bucks. It didn't say pick one or you lose your wife.

I am not defending the USCIS as they are not 100% flawless and things I imagine could be easier. However, I think you are somehow laying blame on the USCIS where it seems they did not do anything wrong as it relates to the processing of the application. As far as I can tell it did not fall through the cracks... What cracks do you think it went through? The known process is that you are give one chance to "cure" any fault in the application. You are not the first one who has experienced this.... There was a gal from Moldova who had the same issue... they failed on the I-64 evidence... You should consult with them as I believe they finally managed to get through it.

Where does it say IN WRITING that you are given one chance on a RFE???

Pretty basic. Shouldn't have taken all the write offs and met the financial requirements. Could always amend later.

Pretty basic? Schedule C's can be pretty complicated and they were necessary improvements. Anyways, that is history and now I am moving forward.

They are given adjudication rules... it is plain and simple... you meet the rules you get approved... if you don't you get denied... these people are not financial or accounting types.... you cannot ask them to know the idiosyncrasies of being self employed. The income standard is widely published so it should not have been a surprise when you submitted income below the threshold. In addition, they did give you a chance... you chose to go with assets instead of a co-sponsor. You chose that route and it failed.... You need to understand you have culpability here...

I am not a victim here, I do have "culpability." I chose to go through with the fiance visa process, knowing that the USCIS is not 100% flawless and could and should be simplified, especially for US citizens who fall in love with someone overseas. I am just saying that sometimes certain cases can just fall through the cracks, and I feel i am just one of them.

"you chose to go with assets instead of a co-sponsor. You chose that route and it failed.... " Pretty harsh. Come on, we all know this a profit center for them especially my case where they deny it and know I will get the joint-sponsor and they will make $585 bucks. It didn't say pick one or you lose your wife.

I have been self employed for 17 years. AGI worked for me! I just had to show three years of returns with my I-134 for USEM, and my latest return with my I-864 for her AOS. Something is messed up. See a lawyer.

Years of self employment don't count I have 21 they don't care!! if you have a low AGI they can tell you sorry you had a bad year.

2004, 2005, 2006 was good that is how I got the K-1 approved. 2007 with all the capital improvements is what put the nail in my coffin.

I'm in the same boat as you my 2008 AGI is low so I'm going with the Joint Sponsor. I'll save you some money my attorney told me to do the joint not co-sponsor with a projected income letter for 2009 Good Luck

Thanks for the good luck, i will need it.

The USCIS issued her a K-1 visa and required us to both have signed intentions of marriage before they gave her the visa. They gave us permission to get married. It has gone from being a devastating denial letter to a journey, just like the k-1 visa, that can bring us even closer together.

No they did not.... The sooner you understand this the better you will be when you attempt to argue your case. The USCIS is NOT bound to the financial review performed by the DOS. The financial capability was reviewed by the Department of State by the consulate and the consulate issued the K-1, two very different agencies with two different adjudication standards. You are now being asked to meet a differernt standard for the greencard...

Thanks for the information. First step is to see an attorney that the immigration legal aid will appoint. Then go from there.

Jumping ahead... If it did come down to her getting taken, i would contact every local news agency and state representative and blow this story up. Problem is, every couple that is going through this process is unique and we have our own situation. USCIS needs to understand this. They need to hire competent people that can think outside the box and have the rules to allow their employees to do this.

I am just saying that the person who denied my I-485 did not look at the whole picture and when my assets where denied, did not give me chance to send in a joint sponsor's I-864. They expect me to fork over $585 and I may but for now, the government will be paying for this "under poverty level" couple by giving us free legal aid. Hopefully the attorney will see this and contact the person who denied my case. But now one step at a time...

I made 9,000 last year. My situation is that I want to keep my adjusted gross income low to avoid a high tax bracket. I do that by investing in my business, in items that improve sales. Increasing sales, then I can grow and hire more people, etc... Plus, I hit the 11 year mark so I had to repurchase a lot of restaurant equipment. I don't have many assets besides my restaurant because I went through a divorce over three years ago. Had to give absolutely everything away to keep my business.

The fear is gone now and I now have knowledge and faith. I am ready to fight this now. My head is clear and I am starting to build a game plan thanks to everyone on here and a lot of due diligence. Since I am so-called poor, I have contacted free immigration legal aid.

The USCIS issued her a K-1 visa and required us to both have signed intentions of marriage before they gave her the visa. They gave us permission to get married. It has gone from being a devastating denial letter to a journey, just like the k-1 visa, that can bring us even closer together.

Sorry about all the spelling errors. I am typing fast and I need to proofread before I post it. I can't find the edit link...

I assume that you have heard this saying: A man who represents himself has a fool for a client.

I'm guessing an attorney said that. Not everyone has the money to throw at an attorney. It's common sense advice, but should never be the only advice for any forum since most come here for free advice in the first place! Heck, I'm way above the poverty line and still can't afford an attorney.

Good luck! I'm about to file for my wife and posts like these scare the heck out of me!

Yeah, I really didn't think it would happen to me. I called them after the RFE to make sure I satisfied them and they said it has now cleared... Yeah, deniad. I was already to send in a joint sponsor I-864.

I really don't think I need an attorney, because it says I have the right to file a I-290B which i will submit with the new joint sponsor I-864, but I am using the free legal aid to see if they can reopen my case without costing me $585.

Thanks for all the help.

Well, since USCIS is calling me unfit to financially sponsor my wife I have called my local free immigration legal aid. I have an appointment set up with them and they will join me during my infopass appointment. The legal aid seemed really interested because I already was qualified to bring my wife here on a K-1 and then we got married. Then the turn in the economy and my restaurant got affected, not to bad but bad enough for USCIS standards. Maybe this will change my outlook on these free services... Meanwhile my father i completing a joint sponsor I-864.

It's funny because my restaurant has been open 11 years and I have 10 employees and if I would have been any of my employees even the dishwasher I wouldn't be having this problem.

Thanks everyone, I will keep everybody posted.

Thanks everyone. A good nights sleep helps a lot, but I we did a lot of tossing and turning.

It says "You have failed to establish your eligibility for the benefit sought. Accordingly, the application must be, and hereby is, denied." Then it says "There is no appeal to this decision. However, if you are placed in removal proceedings, you may be able to renew this application in such proceedings before an Immigration Judge. Furthermore, the decision is without prejudice to future applications filed with the appropriate USCIS office." Followed by "If you desire to file a motion, you must do so on Form I-290B within 30 days from the date of this notice, (33 days if this notice was received buy mail). The motion shall be filed on form I-290B, together with the current fee and mailed to"....

I will go ahead and make an infopass appointment now. Does anyone have any experience or suggestion with any government official in Oregon? Whta really gets my blood going is, it says my WIFE is "now present in the United States in violation of the law." "You are required to depart the United States within thirty (30) days from the date of this decision, or be subject to removal proceedings. Remaining in the United States beyond this time will affect your ability to return to the United States." Just typing that elevated my heart rate. Time to go to the gym and trow some weights around and hit cardio hard.

Overall, I am just shocked. I need to stay in action and not give up.

I meant I-864 not I-134...