AOS AUGUST 2018 FILERS FROM K-1 [merged threads]

[Pbl 190]

Still waiting for biometrics letter. Deep breaths. This whole process too shall pass.

[DownToEarth 27]

19 hours ago, Daniel P said:

Yeah it's annoying to be in this situation, it just shouldn't take this long.

 

I think the interview is usually scheduled before the EAD comes, but I guess there are also cases in which they take longer to schedule it. I'm not completely sure though

May filer here. I received my EAD after 125 days. The green card interview will normally take place after you receive your work permit, unless you live in a city where the local office is moving really fast. 

You can check the processing times on the USCIS website, just search by the location where you had your biometrics taken.

Good luck!

[Tiny Cloud 5]

2 hours ago, Little_Vixen said:

Yes, it asked for a transcript of the tax return. But the tax return was over 100 pages. So I googled what pages were actually needed and it came back saying  they only need the w2s and 1099 form as that is what proves your taxable income. Apparently that was not enough.

I think we now got the transcript cause what we got from the tax preparer now is only 13 pages.

Got everything ready and will send back today. 

 

Do you think this means they're actively working on my case? With the k1 they only started doing rfe just before approval. According to the average green card processing times I still have 8 to 10 months to go?

Hi,

 

I know how you feel because the RFE of my K1 visa petition took me more than a month to respond. But always better safe than sorry, responding to RFE should be quick but not in a rush especially when you're still quite confused . Luckily, my AOS application got no RFE and I hope the following of how we did regarding tax info would help:

 

Go here https://www.irs.gov/individuals/get-transcript and sign up an account to get transcripts online in a minute. My USC husband who claims to be a techtard can easily do this himself so your husband will also be able to. The Tax return transcript you will get would look like attachment.

 

Also, to make my husband's tax filing situation easier for USCIS to understand , we also downloaded wage and income transcripts, which should be unnecessary if you submit tax return transcripts, and used them as alternatives of W-2, 1099....to further explained our case. (Please ignore this wage and income transcript if your case is rather simple.)

 

We submitted 3 years of tax return transcripts plus wage and income transcripts total in 15 pages only (will be even lesser if you only submit the most recent one) and highlighted the important info. Surely a breeze for you to prepare also for USCIS to figure out

 

[Daniel P 2,022]

17 hours ago, Little_Vixen said:

This is ridiculous. I didn't send in the whole pile, just the W2 and the form 1099 things (which were satisfactory for the embassy).

There was no mention of not meeting the poverty line (which my husband is way above too)

I was (and still am) as frustrated as you are. I also sent the exact same documents that I sent to the embassy (which they also accepted without any problem). In my case I won't risk it and will just send the IRS Tax Return Transcript. I won't give them the excuse to deny my case just because (according to them) I didn't send all they need once again. I sent the whole tax return and obviously that wasn't satisfactory for them.

 

Whatever you decide to send though, best of luck, because it seems that's what you need with these people...

Edited September 29, 2018 by Daniel P

[JayMar2019 2,741]

22 hours ago, Little_Vixen said:

This is ridiculous. I didn't send in the whole pile, just the W2 and the form 1099 things (which were satisfactory for the embassy).

There was no mention of not meeting the poverty line (which my husband is way above too)

I only sent the w2s and form 1099 as that's what I found online was what they'd want to see. We requested the bare tax return from our tax preparer and instead of the solid pound of paper we got 13 pages of bare tax return forms.

 

The rfe literally says: sponsor must submit a complete federal income tax return as submitted to the IRS. 

Please keep in mind that what was good for one process isn't necessarily good or the same for the next. Per the AOS instructions, it states that you were to submit the current year filed tax return ALONG WITH the W2s and/or 1099 that was used to file the tax return. Only submitting the W2s and 1099 was not sufficient. And actually it's surprising that your embassy didn't require the tax return too however, the AOS process is different because the standard and requirements are different. The only part of the tax return they're looking for is the federal tax return which shows your total amount of earned taxable income, deductions and/or dependents and how much was owed back to the IRS or not. They don't need the other pages. Just usually the first 2 of your 1040 federal tax return. And regarding your cosponsor, they have to submit the same financial documents and have to fill out their own I-864.

 

I strongly advised that you read the I-864 instructions thoroughly so that you and your cosponsor know exactly what is needed before you submit and respond back to your RFE.

[JayMar2019 2,741]

On 9/27/2018 at 4:22 PM, Daniel P said:

I got the same RFE... and we are not the only ones. After some research, there seems to be something in common… the damn full tax return (or according to them, an incomplete one). They clearly prefer the IRS transcript, if they get too stressed looking at that pile of paper, don't find or understand something, they just send the RFE. Did you also get that generic RFE stating that your spouse's income doesn't meet the 125%, even though it does?

 

 

I didn't submit my IRS transcript, I submitted my a copy of my filed 2017 Federal Tax Return with W2s and I didn't receive a RFE. My status changed "case ready to be scheduled for an interview" within 30 days of our received date. And I didn't give them the whole filed return...just the first 2 pages of my 1040 Federal Tax return which is what the instructions as asked for. They don't want or need to see the other pages. So you're statement about them preferring the IRS transcript is not necessarily true.

[rotarymaz 4]

Hi, for those that received a RFI, does that show up on the USCIS Case Status website?  We submitted our AOS back in 7/31/18 and received email/text confirmation it was received on 8/8/18, but never received our hardcopy of the NOA1.  USCIS website indicated that our AOS, AP and EAD notice was returned by the Post Office as "could not deliver" on 8/24/18.  😟  We called to have them re-send, including our Biometric appointment letter that we also did not get, which they had to re-schedule.  We finally got the Biometric letter on 9/8/18 and had the appointment on 9/14/18.

 

However, we just saw update on USCIS website yesterday indicating the notice was "could not deliver" again!!!  We have confirmed they have right address and we received all our other documents on same address, including the Biometric letter.  

 

We're concern the non-deliverable notice could be an RFI and not just the hardcopy of the NOA1.  We call the 1-800 number, but they can only request the notice be resend again and cannot tell us what the notice is for.  They also told us there's no other number or anyone else we can contact to ask about the case, other then just wait for the notice to be re-send, which is very frustrating.  We're hoping the missed notices are just hardcopy of the NOA1 and not an RFI.      

[KYICGM 70]

50 minutes ago, rotarymaz said:

Hi, for those that received a RFI, does that show up on the USCIS Case Status website?  We submitted our AOS back in 7/31/18 and received email/text confirmation it was received on 8/8/18, but never received our hardcopy of the NOA1.  USCIS website indicated that our AOS, AP and EAD notice was returned by the Post Office as "could not deliver" on 8/24/18.  😟  We called to have them re-send, including our Biometric appointment letter that we also did not get, which they had to re-schedule.  We finally got the Biometric letter on 9/8/18 and had the appointment on 9/14/18.

 

However, we just saw update on USCIS website yesterday indicating the notice was "could not deliver" again!!!  We have confirmed they have right address and we received all our other documents on same address, including the Biometric letter.  

 

We're concern the non-deliverable notice could be an RFI and not just the hardcopy of the NOA1.  We call the 1-800 number, but they can only request the notice be resend again and cannot tell us what the notice is for.  They also told us there's no other number or anyone else we can contact to ask about the case, other then just wait for the notice to be re-send, which is very frustrating.  We're hoping the missed notices are just hardcopy of the NOA1 and not an RFI.      

Yes it does shows on the Uscis case status website. 

[DownToEarth 27]

1 hour ago, rotarymaz said:

Hi, for those that received a RFI, does that show up on the USCIS Case Status website?  We submitted our AOS back in 7/31/18 and received email/text confirmation it was received on 8/8/18, but never received our hardcopy of the NOA1.  USCIS website indicated that our AOS, AP and EAD notice was returned by the Post Office as "could not deliver" on 8/24/18.  😟  We called to have them re-send, including our Biometric appointment letter that we also did not get, which they had to re-schedule.  We finally got the Biometric letter on 9/8/18 and had the appointment on 9/14/18.

 

However, we just saw update on USCIS website yesterday indicating the notice was "could not deliver" again!!!  We have confirmed they have right address and we received all our other documents on same address, including the Biometric letter.  

 

We're concern the non-deliverable notice could be an RFI and not just the hardcopy of the NOA1.  We call the 1-800 number, but they can only request the notice be resend again and cannot tell us what the notice is for.  They also told us there's no other number or anyone else we can contact to ask about the case, other then just wait for the notice to be re-send, which is very frustrating.  We're hoping the missed notices are just hardcopy of the NOA1 and not an RFI.      

You could try and schedule an infopass appointment at your local USCIS office. They can access your file. Also try to find out from your post office what the problem is. Are you receiving other mail? 

[rotarymaz 4]

1 hour ago, KYICGM said:

Yes it does shows on the Uscis case status website. 

 

Thanks KYICGM, that makes me feel a little better, since our case history doesn't indicate any RFI request.

 

 

[rotarymaz 4]

55 minutes ago, DownToEarth said:

You could try and schedule an infopass appointment at your local USCIS office. They can access your file. Also try to find out from your post office what the problem is. Are you receiving other mail? 

DownToEarth, thanks for suggestion.  We were told by the agent on 800 number that they have request the notice be resend and we should get an email confirmation from the National Benefit Center by 10/13/18.  I guess if we don't get anything by then we will try our local office, but last time we were down there to do our Biometric, we asked the info desk person about speaking to someone regarding our non-deliverable notice.  We want to see if they can give us a copy or provide info regarding the notice.  We were told no, since they don't have access to it and it has to be sent out by the national center.  We'll still going to try doing a infopass apt. if we don't get anything by 10/13/18.

 

We did notice we have received a couple of our neighbors mail in the past few month, but nothing out of ordinary, this happens once in a while.  It's just strange we got the Biometric letter the second time, but both time the notices for the NOA was non-deliverable.  I did speak with our local post office and told them my concerns.  They said they will put card inside my mailbox with my wife's name, to make sure mail person delivers all mail with that last name to my mailbox.  The thing is, my wife have been getting other mails no issue, so frustrating. 

[KYICGM 70]

59 minutes ago, rotarymaz said:

 

Thanks KYICGM, that makes me feel a little better, since our case history doesn't indicate any RFI request.

 

 

Your welcome . I got my rfe showing up on my Uscis case website lol 

Edited September 29, 2018 by KYICGM

[Daniel P 2,022]

7 hours ago, Trinab80 said:

I didn't submit my IRS transcript, I submitted my a copy of my filed 2017 Federal Tax Return with W2s and I didn't receive a RFE. My status changed "case ready to be scheduled for an interview" within 30 days of our received date. And I didn't give them the whole filed return...just the first 2 pages of my 1040 Federal Tax return which is what the instructions as asked for. They don't want or need to see the other pages. So you're statement about them preferring the IRS transcript is not necessarily true.

I've seen too many cases here of people getting RFE's because of an incomplete (or even a complete) tax return to have reasons to believe they're not that fond of the full return. Also, on a legal book I got at the beginning of the process about fiancé and marriage visas, they literally advised IRS Tax Transcripts are preferred by USCIS. No one said they only accept these nor that they won't accept the full return. If you got your case accepted only submitting an incomplete tax return, you might have gotten an adjudicator who doesn't necessarily care about what form he gets as long as the gross income is on it, but that doesn't necessarily mean that's the norm.

[JayMar2019 2,741]

40 minutes ago, Daniel P said:

I've seen too many cases here of people getting RFE's because of an incomplete (or even a complete) tax return to have reasons to believe they're not that fond of the full return. Also, on a legal book I got at the beginning of the process about fiancé and marriage visas, they literally advised IRS Tax Transcripts are preferred by USCIS. No one said they only accept these nor that they won't accept the full return. If you got your case accepted only submitting an incomplete tax return, you might have gotten an adjudicator who doesn't necessarily care about what form he gets as long as the gross income is on it, but that doesn't necessarily mean that's the norm.

I didn't submit an incomplete tax return. First of all, I do my own taxes so I'm fully knowledgeable on what is or is not considered a complete tax return. Secondly, the I-864 clearly states in the instructions that you are to provide the FEDERAL Filed Tax Return of the current year along with your W2s and/or 1099 that was used to file or you can provide your IRS transcript. I provided the same documents at my husband's interview at the embassy as I attended the interview with him AND provided the SAME EXACT documents with my I-864 that was attached to my AOS filing. Received no RFEs....for either process to be honest.

 

So to say I provided an incomplete tax return and was able to slide through is completely false and 100% inaccurate. While I do make way over poverty lines, I doubt that particular adjudicator just overlooked my tax returns. The point of supplying the tax information isn't just about confirming the income is over threshold because they can see that with the paystubs, W2s, and employer verification letter. They also want to see if the USC is filing taxes every year and accurately reporting their taxable income.

Edited September 29, 2018 by Trinab80

[Daniel P 2,022]

10 hours ago, Trinab80 said:

I didn't submit an incomplete tax return. First of all, I do my own taxes so I'm fully knowledgeable on what is or is not considered a complete tax return. Secondly, the I-864 clearly states in the instructions that you are to provide the FEDERAL Filed Tax Return of the current year along with your W2s and/or 1099 that was used to file or you can provide your IRS transcript. I provided the same documents at my husband's interview at the embassy as I attended the interview with him AND provided the SAME EXACT documents with my I-864 that was attached to my AOS filing. Received no RFEs....for either process to be honest.

 

So to say I provided an incomplete tax return and was able to slide through is completely false and 100% inaccurate. While I do make way over poverty lines, I doubt that particular adjudicator just overlooked my tax returns. The point of supplying the tax information isn't just about confirming the income is over threshold because they can see that with the paystubs, W2s, and employer verification letter. They also want to see if the USC is filing taxes every year and accurately reporting their taxable income.

I didn't mean an incomplete tax return as in a faulty one, just not all the pages usually submitted to the IRS. I didn't mean that you slipped through the cracks as if you were a criminal, either. I also submitted the SAME EXACT documents with my I-864 that I did at the interview, which was accepted then but not now. If that's not adjudicator-dependent I don't know what is then. Besides, it won't be me now who uncovers USCIS randomness when processing cases and giving away RFE's. It's enough to do a little of research to find that people with similar cases sending the exact same documentation get different outcomes. Adjudicators aren't machines, just human beings with different experience and different ways to do their jobs, so provided that you really don't mess up anything, even then your paperwork could be acceptable for one adjudicator but not for another. Been seen before, nothing new under the sun. Considering this, yes, I'd say luck is an important factor too, even though it shouldn't be.

 

When it comes to the IRS Tax Return Transcript, it makes sense to think that they prefer the summarized version, uniform format, with all the info they need of your taxes against the pile of paper people usually send, not knowledgeable enough to know the exact documents containing the info USCIS actually wants to see. Again, this shouldn't be reason enough for a RFE, as long as all the documents they need are in that pile of paper but, again, human beings with different experience, different ways to do their jobs and even different preferences. For me at least, it's not that difficult to picture this new employee that after ten straightforward cases with tax transcripts and another eight with tax returns with more or less consistent documentation, encounters a ninth with a stack of 60 pages, different order and format, and a boss demanding a minimum number of cases processed per day. Will the stressed out and not that experienced new employee spend 30 minutes looking through that pile of paper or just send a RFE and go for the next case?

 

I just gave an opinion, based on my own research and also on the advice given in a specialized book on the matter. That being said, I will be the first one to say  to anyone with this or any other RFE to do their own research and then decide the best approach for their own cases before following any particular opinion.