Filing AOS again (merged)

[Smooch-Esther 8]

22 hours ago, kleenex said:

@Smooch-Esther you don’t have to worry about this year.  they care about the most recent one (2016) and they want complete tax return information. So just make sure you have everything tax related from the last year.

 

They RFE me complete tax return, but we did not really understand that they want complete documentation so we ended up mailing them only W2 which wasn’t sufficient and hence they denied my aplication. 

 

I did not get anything since those two applications require the same documentation. I did not get my work permit nor a green card.

 

i basically have to do it all over again and pay all the fees.

 

i am trying to figure out if by scheduling infopass I can convince them to reopen the case and take the additional evidence into consideration. I doubt they will since it was our mistake, but at least I’ll try. 

But all i sent them was a photocopy of my hubby's W2 forms only from 2014-2016. That's all. Would that be enough? Coz you said W2 wasn't sufficient in your application also. Coz i dont know if IRS and W2 is the same thing really. But since my husband said all he got was w2, then i just sent a copy of it. That's the same copy we gave on his K1 petition for me too.

 

Im scared i will be denied too becoz of that now..huhu

[N-o-l-a 7,168]

1 minute ago, Smooch-Esther said:

But all i sent them was a photocopy of my hubby's W2 forms only from 2014-2016. That's all. Would that be enough? Coz you said W2 wasn't sufficient in your application also. Coz i dont know if IRS and W2 is the same thing really. But since my husband said all he got was w2, then i just sent a copy of it. That's the same copy we gave on his K1 petition for me too.

 

Im scared i will be denied too becoz of that now..huhu

 

No, just the W2 is not sufficient.  Does your American husband not know what a tax return is?  Or what the IRS is?  Google is your friend here.

 

W2s or 1099s + the complete tax return    OR  tax transcripts.  It is that simple.

[Smooch-Esther 8]

19 hours ago, N-o-l-a said:

 

No, just the W2 is not sufficient.  Does your American husband not know what a tax return is?  Or what the IRS is?  Google is your friend here.

 

W2s or 1099s + the complete tax return    OR  tax transcripts.  It is that simple.

That's what his employer gave him every year, his w2 form since theyr the one dectucting it from his salary automatically. 

 

I actually checked in google IRS vs W2 and it says "When a person is paid on the form W-2, the employer automatically withholds and pays all of the necessary employee income taxes as required by the IRS."

 

So a complete w2 of a whole year round is not a complete tax return yet? Or he needs to request a tax transcript from IRS still. 

 

Enlighten me please. Thanks

[N-o-l-a 7,168]

20 minutes ago, Smooch-Esther said:

That's what his employer gave him every year, his w2 form since theyr the one dectucting it from his salary automatically. 

 

I actually checked in google IRS vs W2 and it says "When a person is paid on the form W-2, the employer automatically withholds and pays all of the necessary employee income taxes as required by the IRS."

 

So a complete w2 of a whole year round is not a complete tax return yet? Or he needs to request a tax transcript from IRS still. 

 

Enlighten me please. Thanks

 

The IRS is an agency of the government, not a form.

 

 

Perhaps your husband should help you with this.

Edited November 16, 2017 by N-o-l-a

[Smooch-Esther 8]

19 hours ago, N-o-l-a said:

 

The IRS is an agency of the government, not a form.

 

Perhaps your husband should help you with this.

Yeah. I got it now. We'll just request for it now so when RFE arrives, we can just send it right away. Thanks. 

[kleenex 2]

I was told by an officer to file an appeal for my denied AOS. Anyone had experience doing this in San Diego? 

[milimelo 4,733]

Weren’t you told in your previous topics that will be futile and that you should re-file AOS? 

 

And why why start a new topic when you have other still going? 

[kleenex 2]

On 12/1/2017 at 10:07 PM, milimelo said:

Weren’t you told in your previous topics that will be futile and that you should re-file AOS? 

 

And why why start a new topic when you have other still going? 

Dude. Thats not what my paper says. It says I can file a motion to reopen. The only thing I need to know is whose name should be on the I-290B. My husband or Mine? does anyone know?

[geowrian 22,339]

1 hour ago, kleenex said:

Dude. Thats not what my paper says. It says I can file a motion to reopen. The only thing I need to know is whose name should be on the I-290B. My husband or Mine? does anyone know?

You can file an appeal or motion to re-open. That doesn't mean it's a good idea to to do so. As stated in your other thread, this path does not have a high chance of success.

 

The I-290B would be completed and signed by the person with the denied application that is being appealed / requested to be reopened. AOS is the intending immigrant's application.

[kleenex 2]

13 minutes ago, geowrian said:

You can file an appeal or motion to re-open. That doesn't mean it's a good idea to to do so. As stated in your other thread, this path does not have a high chance of success.

 

The I-290B would be completed and signed by the person with the denied application that is being appealed / requested to be reopened. AOS is the intending immigrant's application.

Thank you for your reply. We really appreciate it.

Yeah, we are beginning to lean towards just re-filing the AOS and EAD.

Do you know if I need to do anything different when re-filing the I-485 and I-765? 

Do I attached my previous attempt along with the refile? i.e - NOA's, RFE and Decision Notice?

Or do I just re-apply like I did the first time, as if nothing happend?

 

Thanks in advanced.

[kleenex 2]

My I-485 was denied due to incomplete tax return documentation. I am trying to file a motion to have my case reopened and decision reconsidered. However, I have been told by USCIS Officer at the infopass that I need to provide a statement as why they would reopen it. How do I go about writing this statement? Is it a general statement or is there some standard I need to follow? 

 

Please help! Thank you!

[BuiQuang 95]

u need to give a reason why uscis was wrong to close the case.  what did uscis do wrong?

[Ontarkie 14,942]

~~Make that 4 threads merged. Please do not start more then one thread for related topics, it is considered spamming.~~

Edited December 6, 2017 by Ontarkie

[N-o-l-a 7,168]

1 hour ago, kleenex said:

My I-485 was denied due to incomplete tax return documentation. I am trying to file a motion to have my case reopened and decision reconsidered. However, I have been told by USCIS Officer at the infopass that I need to provide a statement as why they would reopen it. How do I go about writing this statement? Is it a general statement or is there some standard I need to follow? 

 

Please help! Thank you!

 

Statement would go something along the lines of and I'm paraphrasing here to make a point, "My petition was super perfect and correct, and USCIS denied it because the IO had a reading comprehension problem and thought I was applying for my second cousin 8 times removed rather than my husband."

 

See, yours would read something like "USCIS asked me to send correct paperwork, but I didn't and now I don't want to bother sending a new petition with the correct forms even thought it would be quicker at this juncture to do it."

[kleenex 2]

10 hours ago, N-o-l-a said:

 

Statement would go something along the lines of and I'm paraphrasing here to make a point, "My petition was super perfect and correct, and USCIS denied it because the IO had a reading comprehension problem and thought I was applying for my second cousin 8 times removed rather than my husband."

 

See, yours would read something like "USCIS asked me to send correct paperwork, but I didn't and now I don't want to bother sending a new petition with the correct forms even thought it would be quicker at this juncture to do it."

That's a very good point. Okay so my next question is, how do I go about re-filing a new AOS and EAD? Is there anything particular I need to add to my application or do I just apply regularly as I'd nothing happened before?