need advise

[flustered 14]

We filed a I-130, 485 and 765 all at the same time for my 18 year old daughter..We got a RFE on the 485 asking for a complete copy of the most recent tax documents filed with IRS.We had sent this application to INS on April 9 prior to 2009 taxes being due. When we got the RFE after April 15th I called to find out what exactly they were looking for 2009 taxes or 2008. They would not answer as I was not the petioner my husband is. We assumed they were needing 2009 tax so I sent a copy of our filed extension with IRS and sent what I thought was a complete copy of the file 2008 taxes. Next we get a denial letter on the 485 saying that the Schedule C for the 2008 tax year was missing and because we did not sent a complete 2008 return we are being denied..Our I-130 is still pending. I have filed a motion to reopen as the missing Schedule C was in error on our part. My husbands liability insurer was doing an audit and asked for a copy of his 2008 Schedule C so we pulled it out and faxed it to them..we stupidly forgot to stick it back in the tax file we keep so when we copied the 2008 to send to INS it of course was missing. I have sent them a copy of the fax we sent to the auditors at the insurance company as proof of our oversight and of course mailed off my $585 with the I-290 form. When we filled out the affidavit of support we filled out a joint showing both me and my husbands income..my income alone would have been more than sufficient but since I am only a permanent resident and my husband is a US citizen we filled out the joint one. I can't believe they denied the 485 based on a missing Schedule C..Any thoughts on my success rate of having this reopened and approved???

Edited June 24, 2010 by flustered

[Bobby+Umit 161]

. I can't believe they denied the 485 based on a missing Schedule C..Any thoughts on my success rate of having this reopened and approved???

Yes they can deny it - you did not properly answer the RFE, so they had no choice but to deny it. (in this case, a copy of your IRS transcripts would of prevented any issues - they have all the info needed - yes, I know, too late for you now.).

You should have a pretty good chance on re-opening it and going forward with it. Just keep on top of it to make sure it's rolling along (and answer any RFEs with all the correct info requested)

good luck!

[flustered 14]

Yes they can deny it - you did not properly answer the RFE, so they had no choice but to deny it. (in this case, a copy of your IRS transcripts would of prevented any issues - they have all the info needed - yes, I know, too late for you now.).

You should have a pretty good chance on re-opening it and going forward with it. Just keep on top of it to make sure it's rolling along (and answer any RFEs with all the correct info requested)

good luck!

I would have thought that the I-130 would have to be approved or denied before they even began to look at the 485 and 765

[flustered 14]

I would have thought that the I-130 would have to be approved or denied before they even began to look at the 485 and 765

Ok well they cashed my check today for the MTR so I will cross my fingers and hope to have an answer soon