AOS Denial

[aussie_jason 195]

Exactly what did the RFE ask for? They do tend to be generic but it may help us help you, regardless at least part of the issue as explained by others is that you included your father's income when you should not have.

[NathanAndLiza 2]

When it comes to something like this now, its best to hire an immigration attorney

[bobototokoko 0]

Hello Orang4,

Here is were I would think the mistake happened.

Your scenario: the petitioner's I864 was filed ; and just one of the two parents helped co-sponsor and therefore another I864 was filed(since co-sponsor who does not share the same household)

you stated that the parents filled jointly, The only document that I see you might have missed is proof of your moms W2 and all other supporting docs to show her income alone. you are partially right though an IRS transcript does eliminate the need for supporting docs like (W2's and 1099's) for company employeed sponsors but since the co-sponsor is part of a joint tax filling she still needs to proof her individual income even if the IRS transcript is submitted.

---------------------------------

its a bit late for but's and if's ............but to help you understand this a bit better, if you would had submitted one parent as I864 and the other as I864A then the their IRS transcripts would have sufficed .

Cheers,

[Darnell 8,478]

Scenario 2 applies to us. We only filed the I-864 for my mother because her wages were sufficient for our purposes. Could you rephrase your comment about annual income for 2014. I'm not sure that I follow you.

The denial letter states that we can not appeal. We'll have to refile our application.

apologies - i've 2014 on the brain. my bad. dissection based on 2013 filing:

1. you - I-864 showing tax data for 2012, 2011, 2010 along with current annual income projection for 2013.

2. mom - I-864 showing tax data for 2012, 2011, 2010 along with current annual income projection for 2013.

3. dad - I-864A showing tax data for 2012, 2011, 2010 along with current annual income projection for 2013.

current income - is current annual income projection, always. it's not any 'as of' date - it's the entire year of 2013, and it's a projection, based on what transpired in earlier months.

shift to 2014, if'n you file a NEW AOS set in 2014. all of the stuff I wrote? add a year, 2010 drops off.

tax data for 2013, 2012, 2011 and current annual income for 2014.

I hope that was clear.?.?

[NikLR 13,220]

You also need to include proof of current ongoing income not just the previous tax transcripts. I'm unsure if you can apply again and ALL adjustment of status are not able to be appealed. You wife is likely out of status from when her b2 visit.

Edited March 12, 2014 by NLR

[Hypnos 6,576]

They can apply again.

[orang4 0]

We're working on reapplying now. Thanks again to everyone who is offering assistance. For the supporting tax documentation of the most recent year (2012 in my previous attempt, 2013 in this attempt), I have not yet received the confirmation from the IRS that we filed a 2013 tax return. We are applying for my wife's ITIN which might take another six weeks. Does anybody have any advice on how I should proceed with this?

Thanks for the clarification, Darnell.

[orang4 0]

One piece of good news is that since I was working the entire 2013 year in the USA, my income was sufficient to make me the sole sponsor for my wife. If there is a way to use the data from 2013 (which has been filed and is currently awaiting an ITIN), that should make it a more straight forward situation.

[aussie_jason 195]

How did you file without an ITIN? Don't you need to apply for the ITIN first and then file once you have that?

You could provide a copy of your 1040 and W2 instead of the transcript as I'm not sure how long it takes for a transcript to become available especially as it is currently peak tax season at the moment.

Before you send of the new package though please post here to have everything you are submitting checked over to avoid having similar issues.

[orang4 0]

aussie_jason, we had an appointment with the IRS office in Kansas City where they reviewed her passport and submitted her application for the ITIN. They stamped my completed tax return with "Received- Feb. 28, 2014", so I was assuming that this was a filing.

[Darnell 8,478]

We're working on reapplying now. Thanks again to everyone who is offering assistance. For the supporting tax documentation of the most recent year (2012 in my previous attempt, 2013 in this attempt), I have not yet received the confirmation from the IRS that we filed a 2013 tax return. We are applying for my wife's ITIN which might take another six weeks. Does anybody have any advice on how I should proceed with this?

Thanks for the clarification, Darnell.

you not need any 'notice' from the IRS on the filing,

instead you can submit a full photocopy of what you filed. you do have a full photocopy/scan of what you sent to the IRS, yes?

[Zee Zee 23]

There are several different transcript on IRS site - if you wish to use your mom as a joint sponsor again, the transcript you need is "Income and Wage" for her only. That will show her portion of joint return. The good news is that for 2012 (and previous years), you don't need to wait because you can download them directly from IRS site. For 2013 they could not be available until July, so Income return (plus accompanying forms) is what needs to be submitted. If you (like me) have trouble signing up, IRS will gladly fax it over. I know that 3 years of tax history is not required, but maybe they want to see there are no big income fluctuations? I apologize if I missed something from previous posts, but my understanding is that you were supposed to file I-864 and your mom I-864a only if she leaves in the same household (and you have to count her in your household size in Part 5). If not, than she files separate I-864 as 1d in part 1. That's how I understood the whole thing - I might be mistaken, but I'm usually very good with all sorts of forms (I speak their language most of the time xoxo). My situation is totally different, but I studied the process for a long time - and Visa Journey members were of huge help

P.S. Problem with transcripts - my Equifax account had some discrepancies that I haven't been concerned about for years... I didn't care because I ran my credit history with other agencies. However, IRS uses them for verification process, so I was unable to log in. We finally figured out that Equifax doesn't have my correct day DOB, go figure... this is just a note to people who might have similar problems with IRS transcripts for download. If you continuously get an error while signing up, and IRS locks your account - call Equifax. And call IRS, they will fax your transcripts in no time. I can find the 800 number options to reach them if needed, I have them somewhere around in this pile of notes and paperwork

[orang4 0]

Yes, we have a copy of the 2013 tax return. We filed with TurboTax, so should we just print everything (I believe the only tax documents that were necessary for our return were the 1040A, 8880, W-2s)? I'm a little wary of the "etc." in "Please send all supporting tax documentation (W-2s, 1099s, etc.) We also downloaded the past years tax transcripts from the IRS web site.

[Darnell 8,478]

all includes the w-7 and supporting documents for that, but it's photocopies, so that's a plus.

[orang4 0]

Great, thanks again for the advice, Darnell. It looks like I have all the necessary tax documents to file the I-864 by myself. I appreciate any more advice if someone thinks of something else. I'm going to start preparing the paperwork again. I'll post a list of our AOS packet when I have it completed. Thanks again to everybody!