VWP AOS - Got RFE need some help

[MrMadCat 18]

Hey guys, I just got an RFE for my i-485 requesting more initial evidence. The first is for all supporting documentation for the most recent years tax returns. My wife is going to make sure she gets the w-2s and to be on the safe side we think we should just return 3 years worth instead of the requested1. I take it that it should be sufficient?

The second one is in relation to my legal entry to the US. It says.

"1. Evidence of your lawful admission or parole into the Unisted States. Such evidence includes, but is not limited to. Form I-94, form I-512 with completed arrival stamp, or a copy of nonimmigrant visa page of your passport showing admission into the United States

OR

2. If you entered under inspection...blah blah section 245. Please fill in i-485 suppliment A"

Ok now I am pretty sure I know what the problem is.. See when I enterered under VWP at POE the officer let me though then stamped my passport, but the stamp is incomplete/unreadable. It's like there just wasn't enough ink or something or he didnt press very hard. Question is how do I go about getting this stamp now for the RFE? Any advice? 'cause obviously I don't have an I94 or whatnot since I came on VWP. Also would it be wise that once I do get some sort of proof of my legal admission, to also send back with the RFE anything else that would show I was legally let in? All that happened was dude asked me how long, who was I visiting, did I Have a return flight and bam let me through after fail-stamping my passport. Wanna get this right with the RFE since don't want to screw it up as may not get another chance.

Edited August 13, 2012 by MrMadCat

[MrMadCat 18]

I'm sorry guys I posted this in the wrong forum I think!!!

[Harsh_77 718]

I m not sure the faint stamp is the issue or something else.

I believe they do not just go by the stamp, your passport is entered in the system so there should be a digital record of you entering on that particular day, at particular time and particular POE.

[MrMadCat 18]

I m not sure the faint stamp is the issue or something else.

I believe they do not just go by the stamp, your passport is entered in the system so there should be a digital record of you entering on that particular day, at particular time and particular POE.

Yeah this is what is confusing me and worrying. Everything is digital and they should see I entered, my passport was scanned, my fingerprints were taken and other ####### at poe as was everyone elses. Why on earth are they asking me to provide I entered legally if all that info they should have anyway. I even provided all pages from my passport with my aos package, including the faint stamp. They should be able to look it up that I entered legally just by my passport biometric page anyone, but they aren't? Or what?

Edited August 13, 2012 by MrMadCat

[Xanax 349]

- Maybe they just didn't see the stamp within all your page, possibly could you single print the vwp stamp page and the Bio page?

- We sent 3 years of tax returns.

Edited August 13, 2012 by Xanax

[Nich-Nick 3,354]

. They should be able to look it up that I entered legally just by my passport biometric page anyone, but they aren't? Or what?

I think the problem is you are expected to lay it out for them...connect the dots, so to speak, not expect them to research and find your evidence for you.

[Xanax 349]

I agree with NICH, that's why I made my suggestion.

[MrMadCat 18]

Yeah that's what I was thinking too. Like I have my ESTA number and stuff so I'm thinking of sending that too. I also must admit the stamp is SO faint that it takes me a few times going through my passport to even see it. THe only thing you really see is the date entered and the initial of the officer or whatnot, everything else is unreadable. Also again sorry for posting this in wrong forum. Obviously I am not a visa holder but I coulda sworn I sent this on the non visa section.

Anyway I think, I can go to a deferred inspection center or whatever they are called and explain that my stamp is unreadable? and when I send the stuff back I should include the following.

- ESTA number

- Stamp

- anything else I could throw in there to show I enterered legally? (Like I still have my boarding pass that I printed out and used to board the plane to US, should I shove that in there too?)

Edited August 13, 2012 by MrMadCat

[Hypnos 6,576]

Send them everything you have have to support that you entered the country legally, be that boarding passes, ESTA numbers, passport scans; the whole shebang.

[Harpa Timsah 13,258]

MadCat - Didn't you ask about this before? I swear I remember advising someone to make a color copy of the page, to help the stamp show up better. Did you do that?

Regarding tax returns, what did you send the first time? If you send the wrong thing a second time, your AOS can be denied, so I would be careful and make sure you are sending the right thing. Randomly sending something you think is right might be devastating. So, what did you send the first time? What did you think was required?

Edited August 13, 2012 by Harpa Timsah

[MrMadCat 18]

MadCat - Didn't you ask about this before? I swear I remember advising someone to make a color copy of the page, to help the stamp show up better. Did you do that?

Regarding tax returns, what did you send the first time? If you send the wrong thing a second time, your AOS can be denied, so I would be careful and make sure you are sending the right thing. Randomly sending something you think is right might be devastating. So, what did you send the first time? What did you think was required?

Hi, yes I did send a color copy of all the pages in my passport. I did not however mark on any page where the stamp was located, because I figured they'd go through it and find it themselves.

For the rax returns I left that to my wife. We actually got into an argument about it, because I didn't want to get too involved in something that I believe is completely her responsibility since there's no joint sponsor or anything. Anyway we made a copy of our entire package and she added 1) a letter from her employer stating she is in full time employment, as well as her yearly salary. She attached for 2011 form 1040A and 8888. I remember telling her and saying what someone said on the forum to include W-2s with that etc but she said it wasn't needed. NOw I believe, this is why we got the RFE on this? So this time around I said, she should get her transcripts directly from the IRS site. They are only asking for one year but should I tell her to get at least 2 years of transcripts? I also said she doesn't need her w-2s if she gets the transcripts from the IRS but she said she's going to send them anyway this time around. Good or bad idea on her part?

But yes I don't know what to send about the other bit in regards to my "legal" entry into US. I guess I could send a cover letter with the RFE and the same page, and explain the stamp is there but it's barely visible. But what if that's not good enough? So I'm thinking, if I include an ESTA, even though it doesn't prove I entered legally, it would stil go in my favour. Why would someone who has an approved ESTA and a legal means to enter the US go through an illegal means of entering? Doesn't make sense. SO it could help, what do you think?

Edited August 14, 2012 by MrMadCat

[JoannaV 174]

Hi, yes I did send a color copy of all the pages in my passport. I did not however mark on any page where the stamp was located, because I figured they'd go through it and find it themselves.

For the rax returns I left that to my wife. We actually got into an argument about it, because I didn't want to get too involved in something that I believe is completely her responsibility since there's no joint sponsor or anything. Anyway we made a copy of our entire package and she added 1) a letter from her employer stating she is in full time employment, as well as her yearly salary. She attached for 2011 form 1040A and 8888. I remember telling her and saying what someone said on the forum to include W-2s with that etc but she said it wasn't needed. NOw I believe, this is why we got the RFE on this? So this time around I said, she should get her transcripts directly from the IRS site. They are only asking for one year but should I tell her to get at least 2 years of transcripts? I also said she doesn't need her w-2s if she gets the transcripts from the IRS but she said she's going to send them anyway this time around. Good or bad idea on her part?

But yes I don't know what to send about the other bit in regards to my "legal" entry into US. I guess I could send a cover letter with the RFE and the same page, and explain the stamp is there but it's barely visible. But what if that's not good enough? So I'm thinking, if I include an ESTA, even though it doesn't prove I entered legally, it would stil go in my favour. Why would someone who has an approved ESTA and a legal means to enter the US go through an illegal means of entering? Doesn't make sense. SO it could help, what do you think?

Very good idea to get the transcripts. All they are asking for and all they need is the additional evidence (W2s etc) relating to the most recent tax return. So I would send them that as that's what they are specifically asking for, but if your receive the transcripts in time send that too as then you should be ok if you accidentally miss out something. There's no need to send extra transcripts though if it makes you feel safer by all means send the previous year's too... But put the stuff they asked for on top

Yes you could write a cover letter saying here is the stamped page of my passport. You don't necessarily need to say "that you missed seeing because it's barely visible", they can work that out themselves Include boarding passes and your ESTA information as additional evidence, so they are able to verify your information if they want to as easily as possible. I don't know how it works with getting a new stamp, I recall people getting new I-94s but not sure about stamps. Perhaps worth a try.

[DandT14 272]

My guess would be that you should have sent the w-2 with the 1040 copy. For one thing, the w-2 is supposed to be included with your tax return, if you were to mail it to the IRS. Also, I don't know specifically what it says on the I-864, but I know on the I-864ez it says you have to include your w-2. I can't imagine the I-864 would require less documentation.

Transcripts include the w-2, because they reflect exactly what the IRS received from you. You should be fine with the transcripts, but I would probably send the w-2 just to be on the safe side.

As for your passport stamp, if you sent copies of all the blank pages then I'll bet they just missed the stamp. It was hard to see, they flipped through a bunch of blank pages and figured that's all that was there.

By all means, send anything you have that would prove you entered legally, but the most important is to get a high quality color copy of that stamp. I'd even write along side the copy "passport stamp dated xx/xx/xx" or something along those lines.

Good luck.

[Harpa Timsah 13,258]

Good plan with the tax transcripts, and yes, highlight or point to the stamp in your passport. You can't expect them to search forever; make it easy for them Also, in the cover letter I would explain that the stamp is light, please find here, etc.

[Nich-Nick 3,354]

Hi, yes I did send a color copy of all the pages in my passport. I did not however mark on any page where the stamp was located, because I figured they'd go through it and find it themselves.

I mark up everything I send with a highlighter or red Sharpie notes written on the photocopy to point out what I want them to find Put a red arrow to the stamp with a note-- entry on [date]. Maybe sharpen or darken the photocopy to get the best image possible.

For the rax returns I left that to my wife.

A complete tax return is all pages, forms, schedules, and W2 (or 1099s) that go with a mailed in tax return. Otherwise you could crank out a TurboTax return and put any kind of info on it. The W2 verifies the income you show on the return.

A transcript comes from the IRS, so it's verified by them. You can't fake it. A transcript is a stand alone document by itself with nothing else sent with it.