orang4

My wife and I wanted to give an update on our case. We had our AOS interview today and were approved! Thanks again to everyone who offered assistance.

Many thanks again to all the people giving us advice. We put the AOS packet in the mail this afternoon. We'll keep everyone informed of the process along the way.

Good evening,

I have two final questions before I resubmit the AOS packet:

On Form I-765, question 11 asks for me to submit all documentation regarding my previous filing. Should I submit the I-485 denial letter along with the notices of action? Are there other documents that I should submit that I'm not thinking of?

For tax years 2011 and 2012, I did not make enough to be the only sponsor for my wife. In 2013, I made enough to be the only sponsor. Will submitting my tax transcripts for 2011 and 2012 have any negative effects?

Thanks again to everyone who has helped so far.

Could somebody take a look at the evidence that we have ready to submit?

I-131 section should read:

I-131

Copies of passport identity page, B-2 visa, I-94, and entrance/exit stamps

Letter stating reason for advance parole

2 passport sized photos

If the members here would be so kind as to glance over our AOS packet, my wife and I would be very appreciative. Our new AOS packet contains:

Check in the amount of $1070 to Dept of Homeland Security (we'll need to do the biometrics appointment again, correct?)

G-1145 signed by Applicant (necessary if the I-130 is still in process?)

G-325A for Applicant

Certified copy of marriage license in English

Form I-797C Notice of Action for I-130 (which is still in "Initial Review" on the USCIS webpage)

I-485

Copies of applicant's passport identity page, B-2 visa, I-94, and entrance/exit stamps

Copy of Applicant's birth certificate

Translated (by the applicant) copy of birth certificate

Letter accompanying translated birth certificate stating applicant's proficiency in English/Spanish

2 passport sized photos

I-864

Supporting tax documentation from petitioner's 2013 tax return (1040A, 8880, w-2s, w-7, Form 14562 (states that ITIN is being processed)

IRS tax return transcripts for 2012 and 2011

I-765

Copies of passport identity page, B-2 visa, I-94, and entrance/exit stamps

2 passport sized photos

I-131

Copies of passport identity page, B-2 visa, I-94, and entrance/exit stamps

Letter stating reason for advance parole

We have our new I-485 packet assembled and ready for mailing. I have called the tier 2 USCIS officials on a daily basis for the past week and have been given a lot of contradictory information. I have been told to file an EOIR29, an I290B, and an I-485. I have also been unable to talk with anyone who can give me a definitive answer on why exactly the denial was issued (the denial and RFE just stated that I did not submit supporting tax documentation for the joint sponsor even though tax transcripts were sent). One immigration official petitioned to have an official letter specifying the reason for the denial, but the letter that was sent has less information than the denial notice. I know that the consensus seems to be that the incorrect value that I entered for the joint sponsor for the 2012 tax year was the cause of the denial, but I was hoping to hear it from the horse's mouth to avoid any more misunderstandings. Our denial letter gives us the option of filing an I290B at a cost of $700. Obviously we are trying to get this done as quickly and as cheaply as possible, so we would like to avoid filing an I290B if there is little chance of it being approved. I just wanted to double check with everyone here that the best action in my case is indeed to refile.

The denial reads as follows:

The evidence submitted with your Application on Oct. 21, 2013 was not sufficient to establish your eligibility for the benefit sought. On Nov. 12, 2013, the USICS sent you a Request for Evidence which required that you submit:

All supporting tax documentation from the joint sponsor on Form I-864 for the most recent tax year.

You were given 87 days to submit the documentation.

On December 9, 2013, you responded to the request by submitting:

Cover letter from the applicant and petitioner.

The petitioner's 2012 IRS-issued tax return transcript.

The joint sponsor's jointly-filed 2012 IRS-issued tax transcript.

You failed to submit:

All supporting tax documentation from the joint sponsor on Form I-864 for the most recent tax year.

As you have submitted a partial response, you have requested a decision based on the record. Accordingly, the application is denied.

There is no appeal to this decision. If you desire to file a motion,k you must do so on Form I-290B within 30 days

Thanks for the tip, Engineer21. When we have our packet together, I'll post a list of its contents. Hopefully someone will find this thread useful and avoid making the same mistake that we did!

One additional question that someone might be able to answer for us. Since we have to reapply for the I-485, we'll need to send in the I-693 medical form as well. I contacted the civil surgeon who performed the examination and was told that the results are valid for one year. They are going to mail us a sealed copy of the form from the previous AOS attempt. I also verified this information with a tier 2 USCIS official. Does anyone foresee a problem with this? Thanks.

Another question: When it asks for my wife's A-Number, I can continue to use the number provided to us when we originally filed the AOS, correct? Thank you very much.

When the forms ask, "Have you every applied for employment authorization with the USCIS before?" I should mark "Yes", correct? It also asks for documentation of the application, so would it be appropriate to attach a copy of the 797 form or the denial letter?

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!

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.

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.

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.

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.

According to the USCIS webpage, the I-130 form is still in initial review.

The check was for $1070, not $1010... just a typo.

Darnell, could you explain:

"oops. was that it? No current annual income for 2014? OUCH !"

I have income from 2014, but I don't think that is relevant. We filed for the adjustment of status in October of 2013.

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.

I must have missed the requirement to send current income proof. When you say to refil AOS for $1070, does that mean that I am not required to re-file form I-130? Do you know if we also need to have a second exam with the civil surgeon? We appreciate your help.

I'm assuming that we'll need to make another exam appointment with the civil surgeon as well, correct?

I see. Is that all it takes to deny an application? How would anyone who made the mistake I made know how to correct the mistake with an RFE that requests tax information? Is there any way to get this information added on to the existing application, or is my only recourse to file again?

My wife and I both express our deepest gratitude for everyone who is offering help and information. We weren't able to get any useful information from the 800 number or from the InfoPass appointment.

For my mother's I-864, I used the income reported on the tax transcript which included my father's social security.

Did I mistakenly file an I-864 for my mother when I should have filed an I-864a? I was under the impression that the I-864a is filed when you share a household, and a second I-864 is filed when there are separate households. Again, the reason for the denial is stated:

On December 9,2013, you responded to the request by submitting:

Cover letter from applicant and petitioner

Petitioner's 2012 IRS-issued tax return transcript

The joint sponsor's 2012 jointly filed IRS-issued tax return transcript

You failed to submit:

All supporting tax documentation from the joint sponsor on Form I-864 for the most recent tax year.

My father is retired but my mother is still working so we used her name on the accompanying I-864. Her income is high enough to be our joint sponsor without considering my father's social security.

Just to clarify, the joint sponsor would be my mother. She filed the I-864, but she happens to file married jointly with my father.