Altamonte Springs, FL asked in Immigration Law and Appeals / Appellate Law for Florida

Q: Can USCIS use a self employed persons write offs to deny them as a sponsor for a I-485

My wife's I-485 was denied this week because my evidence of assets doesnt meet the federal poverty line. They sent us an RFE in December asking to see my entire 2017 tax return and my bank statements for every month in 2017. My tax return showed that I grossed over 69k in 2017. I had over 87k in deposits into my personal checking account in 2017. However, Im a 1099 employee and in B2B sales. I write off vehicle depreciation and a ton of other things. My accountant wrote me down to 16k of taxable income in 2017. Its ridiculous that they are holding that against me. What can I do?

2 Lawyer Answers

Kevin L Dixler

  • Immigration Law Lawyer
  • Chicago, IL

A: More information is needed. What date was the decision? Is it more than 33 days ago m? You may want to consider whether to file a motion to reconsider or a new filing. Many choose the latter, but it depends.

As a result, I strongly recommend an appointment with a competent and experienced immigration attorney before there are any other complications. You should find one who will spend enough time and ask enough questions. You may be best paying for it to avoid excessive fees after you leave the first consultation. Good luck.

The above is general information, not legal advice, and does not create an attorney client relationship.

Kevin D. Slattery Esq. agrees with this answer

Kevin D. Slattery Esq.

  • Immigration Law Lawyer
  • Tampa, FL
  • Licensed in Florida

A: I agree with my colleague Kevin L. Dixler, in that you may wish to consult with a competent immigration attorney to see whether pursuing a motion to reconsider is in order or simply re-filing the case. I would note, however, that the instructions to Form I-864 provide: "For purposes of this affidavit, the line for Total Income on IRS Forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040 EZ, the line for adjusted gross income will be considered." So, by taking the various tax deductions to which you were likely entitled, for immigration purposes doing so may have made your affidavit of support insufficient. If you have qualifying assets, did you include mention of those on your affidavit of support form? In the Request for Evidence of which you spoke, did USCIS provide you the option of providing documentation from a joint sponsor? The answers to these and other questions may help determine what is the best course of action from this point. Again, consider scheduling a consultation with a competent immigration attorney.

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