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pilotkausa

Second RFE for I-864 (merged threads)

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I have filed for AOS in February 2016 through the marriage to US citizen, in March I have gotten 1st RFE asking for complete Federal Income Tax Return which we initially sent but only for 2014 as we were not required by law send 2015 income tax return yet, before April 18th 2016. I was surprised that USCIS already asked for 2015 taxes even though they haven't mentioned the year. The problem is that my husband is self-employed and he does not have w-2, he works for cash or checks. We even filed taxes together last 2 years and his income meets requirements on his own (I'm F-1 students so I work part time as a teaching assistant, but apparently USCIS doesn't take my legally obtained income into consideration).
We have filed for an extension to file income tax return for 2015. I even went to out local IRS office and stamped the form that is has been accepted by IRS. By the law this extension gives us 6 months to file out taxes until October 18th 2016. So replying to an RFE I attached copy of this extension, I also included amended i864 with some added assets (cars in mine and my husbands names), with KBB values and copies of car titles, just in case, to show that we have even income to support me (even though I still work), letter of employment from his job (his contractor, so he doesn't have a set salary), my W-2s etc.
2 weeks later I have gotten 2nd RFE stating that we need to send just complete Federal Tax paperwork for 2015 (2015 was hand written by IO). How can they ask for it, when I attached an extension to file taxes?
I even found official articles and policy manual on USCIS.gov when it stated that if customer provide them with an IRS extension, IO should consider 2014 year to be current.
We have found a joint sponsor but he hasn't filed his taxes yet and we were given only 45 days to reply to that RFE...
I have called USCIS customer service and talked to Tier 2 officer and she told me that I'm basically right and I have to resend all the paperwork I already submitted twice before the dateline...

I'm so confused. What are my options?


07.2012: First met my future husband
01.08.2012: Started dating
04.22.2014: Marriage

02.12.2016: Sent AOS/EAD package

02.16.2016: Priority date on NOA1

02.22.2016: NOA1 Texts/emails received

02.26.2016: hard copies of NOA1 in the mail

03.07.2016 walk-in Biometrics (scheduled for 3/15/2016)

03.21.2016 RFE for I-485

05.19.2016 Second RFE for I-485

07.15.2016 EAD approval notice

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I have filed for AOS in February 2016 through the marriage to US citizen, in March I have gotten 1st RFE asking for complete Federal Income Tax Return which we initially sent but only for 2014 as we were not required by law send 2015 income tax return yet, before April 18th 2016. I was surprised that USCIS already asked for 2015 taxes even though they haven't mentioned the year. The problem is that my husband is self-employed and he does not have w-2, he works for cash or checks. We even filed taxes together last 2 years and his income meets requirements on his own (I'm F-1 students so I work part time as a teaching assistant, but apparently USCIS doesn't take my legally obtained income into consideration).
We have filed for an extension to file income tax return for 2015. I even went to out local IRS office and stamped the form that is has been accepted by IRS. By the law this extension gives us 6 months to file out taxes until October 18th 2016. So replying to an RFE I attached copy of this extension, I also included amended i864 with some added assets (cars in mine and my husbands names), with KBB values and copies of car titles, just in case, to show that we have even income to support me (even though I still work), letter of employment from his job (his contractor, so he doesn't have a set salary), my W-2s etc.
2 weeks later I have gotten 2nd RFE stating that we need to send just complete Federal Tax paperwork for 2015 (2015 was hand written by IO). How can they ask for it, when I attached an extension to file taxes?
I even found official articles and policy manual on USCIS.gov when it stated that if customer provide them with an IRS extension, IO should consider 2014 year to be current.
We have found a joint sponsor but he hasn't filed his taxes yet and we were given only 45 days to reply to that RFE...
I have called USCIS customer service and talked to Tier 2 officer and she told me that I'm basically right and I have to resend all the paperwork I already submitted twice before the dateline...

I'm so confused. What are my options?


07.2012: First met my future husband
01.08.2012: Started dating
04.22.2014: Marriage

02.12.2016: Sent AOS/EAD package

02.16.2016: Priority date on NOA1

02.22.2016: NOA1 Texts/emails received

02.26.2016: hard copies of NOA1 in the mail

03.07.2016 walk-in Biometrics (scheduled for 3/15/2016)

03.21.2016 RFE for I-485

05.19.2016 Second RFE for I-485

07.15.2016 EAD approval notice

MYE7m6.png

305fm6.png

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Find another joint sponsor.


 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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Your options are basically

1) give them what they ask for (file your 2015 taxes & send the transcript)

OR

2) get a different joint sponsor (one whose 2015 taxes are already filed)

OR

3) get denied (most likely)

Sorry to be blunt, but that's basically it.

You can try to re-send the extension, but you've already done that and it did not work so it's likely it would not work the second time, either.

Edited by EM_Vandaveer

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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We had a similar situation and also filed in feb of 2016. We turned in everything they asked for, including taxes for 2012-15, but since they didn't accept the fingerprint filing for AOS until April, we got an RFE. Come to find out, our wonderful immigration lawyers left ALL of our income and assets blank on the form and just sent in copies of some of what we had turned in. Needless to say, we fired them and did it ourselves. We refilled out the papers, included documentation and a cover letter, and did the 2016 taxes.

I would suggest going ahead and doing a quick file for your taxes (IRS has free ones on their website) then sending in an amended return later. Get USCIS whatever they need ASAP! Right now, they're more important than the IRS.

Good luck!!

Edited by Valkyrja

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~Duplicate threads merged~

~Moved to from Fam.-based AOS to WStudentT-based AOS forum, adjusting from student visa~

~Please refrain from multiple posting of same topic~

Pitaya

VJ Moderation


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

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Your options are basically

1) give them what they ask for (file your 2015 taxes & send the transcript)

OR

2) get a different joint sponsor (one whose 2015 taxes are already filed)

OR

3) get denied (most likely)

Sorry to be blunt, but that's basically it.

You can try to re-send the extension, but you've already done that and it did not work so it's likely it would not work the second time, either.

Just wanted to update just in case if someone else is in the same boat....

None of what you have mentioned above has happened so far.

We haven't submitted 2015 IRS income tax return with our second RFE response nor did we find a co-sponsor.

Instead I have written 3 pages long explanation letter with quotes from immigration and IRS official articles stating that in our circumstances with on time filed extension form, USCIS should accept previous year tax return as current... after I sent my response, 2 weeks later I have gotten EAD approval notice, so I'm guessing my explanation was accepted and AOS has not been denied!!!!

so not every case is straight forward!


07.2012: First met my future husband
01.08.2012: Started dating
04.22.2014: Marriage

02.12.2016: Sent AOS/EAD package

02.16.2016: Priority date on NOA1

02.22.2016: NOA1 Texts/emails received

02.26.2016: hard copies of NOA1 in the mail

03.07.2016 walk-in Biometrics (scheduled for 3/15/2016)

03.21.2016 RFE for I-485

05.19.2016 Second RFE for I-485

07.15.2016 EAD approval notice

MYE7m6.png

305fm6.png

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Your options are basically

1) give them what they ask for (file your 2015 taxes & send the transcript)

OR

2) get a different joint sponsor (one whose 2015 taxes are already filed)

OR

3) get denied (most likely)

Sorry to be blunt, but that's basically it.

You can try to re-send the extension, but you've already done that and it did not work so it's likely it would not work the second time, either.

Just wanted to update just in case if someone else is in the same boat....

None of what you have mentioned above has happened so far.

We haven't submitted 2015 IRS income tax return with our second RFE response nor did we find a co-sponsor.

Instead I have written 3 pages long explanation letter with quotes from immigration and IRS official articles stating that in our circumstances with on time filed extension form, USCIS should accept previous year tax return as current... after I sent my response, 2 weeks later I have gotten EAD approval notice, so I'm guessing my explanation was accepted and AOS has not been denied!!!!

so not every case is straight forward!


07.2012: First met my future husband
01.08.2012: Started dating
04.22.2014: Marriage

02.12.2016: Sent AOS/EAD package

02.16.2016: Priority date on NOA1

02.22.2016: NOA1 Texts/emails received

02.26.2016: hard copies of NOA1 in the mail

03.07.2016 walk-in Biometrics (scheduled for 3/15/2016)

03.21.2016 RFE for I-485

05.19.2016 Second RFE for I-485

07.15.2016 EAD approval notice

MYE7m6.png

305fm6.png

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On 7/16/2016 at 3:58 PM, pilotkausa said:

Just wanted to update just in case if someone else is in the same boat....

None of what you have mentioned above has happened so far.

We haven't submitted 2015 IRS income tax return with our second RFE response nor did we find a co-sponsor.

Instead I have written 3 pages long explanation letter with quotes from immigration and IRS official articles stating that in our circumstances with on time filed extension form, USCIS should accept previous year tax return as current... after I sent my response, 2 weeks later I have gotten EAD approval notice, so I'm guessing my explanation was accepted and AOS has not been denied!!!!

so not every case is straight forward!

Fist of all, congratulations on your belated green card.

I am in the similar situation. I am a US citizen sponsoring my mother and I have joint sponsor, who is self employed and filled an extension. Also got RFE

Would you mind sharing your magical letter?

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