Re-file I-485 after denial ( I-864 ) QUESTION

[MarieSZ]

Hi ,

My marriage based green card application was denied last week.

We didn't understand that the income the USCIS looks at is only the current gross income plus the last 3 years regardless of how much my self-employed husband made in 2014 on his bank statements with his fresh new business. Therefore we didn't not prove evidence of assets. That's why we were denied (his tax returns were clearly too low).

We now have a co-sponsor whose gross income + tax returns qualify.

A lawyer explained to me that in this situation it is better to re-file everything than to file I 290B to reopen or reconsider. She said it will be faster and I can file at the same time my Work Auth plus Advanced Parole. I was surprised we can just refile with our new sponsor.

Can you confirm with me that it is ok and that it happens to have people re-file everything because they failed on the affidavit of support ?

I want to send everything as soon as possible.

THANK YOU !

Marie

[genius]

Re file I 485 after denial I 864 QUESTION

I think so. But very expensive and busy too.

Do you have any suggestions for the lawyer expert in this kind of appeals/ case handling?

[rayb]

Refiling the Adjustment package (I-130 does not have to be repeated) is a safer strategy, as the "Reopen" option is subject to a decision supporting the original denial.

Petitioners routinely refile such procedures regularly, but get it right the second time, if they understand what went wrong the first time.

--Ray B

Hi ,

My marriage based green card application was denied last week.

We didn't understand that the income the USCIS looks at is only the current gross income plus the last 3 years regardless of how much my self-employed husband made in 2014 on his bank statements with his fresh new business. Therefore we didn't not prove evidence of assets. That's why we were denied (his tax returns were clearly too low).

We now have a co-sponsor whose gross income + tax returns qualify.

A lawyer explained to me that in this situation it is better to re-file everything than to file I 290B to reopen or reconsider. She said it will be faster and I can file at the same time my Work Auth plus Advanced Parole. I was surprised we can just refile with our new sponsor.

Can you confirm with me that it is ok and that it happens to have people re-file everything because they failed on the affidavit of support ?

I want to send everything as soon as possible.

THANK YOU !

Marie

[MarieSZ]

tax and vaccinations

Thank you Ray !

I rephrased the last 2 questions I posted on the forum to private message you. Hopefully last questions before sending it all out.

- I have the joint sponsor and my husband's tax return of 2013. We're in February now. Will it be good enough or will USCIS want the 2014 ? My husband say it's due for April so they should have to request it.
- Is it necessary to write the little assets my husband has in shares (4,000$) if we need a sponsor anyway to meet the required income ?

- on my I 131, advance parole, do I need to give evidence (certified translation of death certificate, ...) of why I want to travel (I wrote that my grand father passed away and that my grand mother needs me)? Or is it not required for adj of status applicants ? Or should I not write any reason ?

- It is said in the I-485 instructions that if you entered as a K1 and have done the medical exam through the fiancé visa within the past year, you only need to submit the vaccination sheet (I have done the TB skin test and blood test for my medical exam for my visa). Like everyone else, I only have the remaining DS 3025 vaccination sheet out of the sealed envelop given at the customs. I checked and it's the exact same content as the vaccination sheet of I 693 only with a different layout. Is it good enough ?

Thank you again !


Marie

Refiling the Adjustment package (I-130 does not have to be repeated) is a safer strategy, as the "Reopen" option is subject to a decision supporting the original denial.

Petitioners routinely refile such procedures regularly, but get it right the second time, if they understand what went wrong the first time.

--Ray B

[rayb]

Please see my responses in CAPS below:

Thank you Ray !

I rephrased the last 2 questions I posted on the forum to private message you. Hopefully last questions before sending it all out.

- I have the joint sponsor and my husband's tax return of 2013. We're in February now. Will it be good enough or will USCIS want the 2014 ? My husband say it's due for April so they should have to request it.

USCIS WILL TAKE WHATEVER TAX RETURN THEY CAN GET, 2013 OR 2014, BUT THE 2014 W2'S AND PROOF OF CURRENT INCOME ARE IMPORTANT.

- Is it necessary to write the little assets my husband has in shares (4,000$) if we need a sponsor anyway to meet the required income ?

NO, DON'T BOTHER WITH THAT SMALL AN AMOUNT OF SHARE ASSETS.

- on my I 131, advance parole, do I need to give evidence (certified translation of death certificate, ...) of why I want to travel (I wrote that my grand father passed away and that my grand mother needs me)? Or is it not required for adj of status applicants ? Or should I not write any reason ?

AN ATTACHMENT SPEAKING ABOUT YOUR POSSIBLE NEED FOR AN ADVANCE PAROLE FOR EMERGENCY FAMILY TRAVEL IS A GOOD IDEA.

- It is said in the I-485 instructions that if you entered as a K1 and have done the medical exam through the fiancé visa within the past year, you only need to submit the vaccination sheet (I have done the TB skin test and blood test for my medical exam for my visa). Like everyone else, I only have the remaining DS 3025 vaccination sheet out of the sealed envelop given at the customs. I checked and it's the exact same content as the vaccination sheet of I 693 only with a different layout. Is it good enough ?

GET AN UPDATED VACCINATION SHHET FROM A USCIS-LISTED DOCTOR IN A SEALED ENVELOPE.

Thank you again !


Marie

[MarieSZ]

Wow thank you ! You're fast and clear.

Please see my responses in CAPS below:

[MarieSZ]

Last question about tax return

Hi Ray,

I finally have my vaccination sheet in a sealed envelop and attached evidence for I 131 like you suggested.

Last question : is it ok to send our joint sponsor 's premilinary 2014 tax return as a proof a current income ? Or should we wait to get the final one ?

Here's what we got :

my husband's tax returns of 2014, 2013, 2012.
Our joint sponsor's tax returns of 2013, 2012, 2011. Plus his preliminary tax return 2014 which numbers are going to be close to the final one. All big numbers between 85k and 110K

I was denied Jan 22nd. And want to send my second application asap. What is best in your opinion ? Is there any sort of deadline in my situation ? (married Aug 2nd 2014)

Thank you !!!

Please see my responses in CAPS below:

[rayb]

Marie,

A "preliminary tax return" is the same as "no tax return" if it hasn't been submitted to IRS. While you may include copies of 2014 W2 and /or 1099-MISC forms, including a preliniary draft of the tax return can be interpreted as misrepresenting the status of the co-sponsor's tax filing.

There is no particular "deadline" for an Adjustment resubmittal.

--Ray B

Hi Ray,

I finally have my vaccination sheet in a sealed envelop and attached evidence for I 131 like you suggested.

Last question : is it ok to send our joint sponsor 's premilinary 2014 tax return as a proof a current income ? Or should we wait to get the final one ?

Here's what we got :

my husband's tax returns of 2014, 2013, 2012.
Our joint sponsor's tax returns of 2013, 2012, 2011. Plus his preliminary tax return 2014 which numbers are going to be close to the final one. All big numbers between 85k and 110K

I was denied Jan 22nd. And want to send my second application asap. What is best in your opinion ? Is there any sort of deadline in my situation ? (married Aug 2nd 2014)

Thank you !!!

[MarieSZ]

Thank you Ray ! Well that wouldn't have been good !

My co-sponsor tells me everything (1099 MISC) is at his CPA's office until he completes his returns which can take another week or two.

I want my work authorization and travel document to be processed as fast as possible.

In your opinion, should I wait or can I send my application now ? If yes, should I mention that my co sponsor 2014 tax return is just not ready yet ?

The 2014 tax return shouldn't be required because we're not passed April 15th yet. His numbers for 2011, 2012, 2013 plus his self employment letter about 2014 are really good already. Plus I provided my husband 2014 return which is above the poverty guideline.

If I wait, will I have to reprint the forms (dated of beg of Feb) with a more recent date ?

Thank you ! Your help is greatly appreciated.

Marie

Marie,

A "preliminary tax return" is the same as "no tax return" if it hasn't been submitted to IRS. While you may include copies of 2014 W2 and /or 1099-MISC forms, including a preliniary draft of the tax return can be interpreted as misrepresenting the status of the co-sponsor's tax filing.

There is no particular "deadline" for an Adjustment resubmittal.

--Ray B

[rayb]

Just send the co-sponsor's 2013 Federal tax return, 1099-MISC documents and credible proof of self-employment.

USCIS staff are not interested in an explanation for nonavailability of a 2014 return before its deadline.

--Ray B

Thank you Ray ! Well that wouldn't have been good !

My co-sponsor tells me everything (1099 MISC) is at his CPA's office until he completes his returns which can take another week or two.

I want my work authorization and travel document to be processed as fast as possible.

In your opinion, should I wait or can I send my application now ? If yes, should I mention that my co sponsor 2014 tax return is just not ready yet ?

The 2014 tax return shouldn't be required because we're not passed April 15th yet. His numbers for 2011, 2012, 2013 plus his self employment letter about 2014 are really good already. Plus I provided my husband 2014 return which is above the poverty guideline.

If I wait, will I have to reprint the forms (dated of beg of Feb) with a more recent date ?

Thank you ! Your help is greatly appreciated.

Marie