RFE problems

[magandy 0]

hi everybody,

we're getting desperate and frustrated and angry here, after a serie of mailing back and forth with USCIS since february after filing, they keep asking for a RFe about tax serie 1099. we had sent the 2007 W2 in our package but they started asking for 2006.

we sent the 2006 W2 back, then they replied that we sent the same twice (???!!?) and wanted 1099 again for 2006. we sent 1099 for 2006 for my husband (i wasn't living nor working in the USA in 2006 so i didn't file for taxes) . and yesterday they sent us a letter rejecting the affidavit saying that we are below the poverty line... how come with the same tax papers we were above it when the accorded me the VISa, and now not enough???!?!?!?!?!??!?!

they say to get a joint sponsor, ####### ?!

PLUS, and this is REAAAAAALLY annoying us, they kept mispelling worse and worse my husband's name in their mails, even if i kept correcting them, to the point that now, in their last letter , my husband isn't even carrying the same FIRST NAME !!!!!!! not to mention the last name, over and over mispelled.

IT MAKES ME WONDER IF IN THE END THEY'RE NOT TALKING ABOUT SOMEONE ELSE!!!!!!!!!!!!!

what the heck is going on at USCIS ??! this is so insulting right now....

we're going to call them in a minute. i wonder who's the lady handling our case but i hope she retires SOON!!!

Help....

[macutelit 0]

I feel sad to hear that...

[Cassie 8]

If I remember correctly, the percentage to cover the AOS form when filing your K-1 was 100% of the poverty level, when you are doing the Adjustment of Status once in the US, it's 125%, so it is possible to comply with the K-1 and still come up short during the AOS phase. I am not sure if I explained this properly, I am sure someone will come along and fix that for me.

Your second problem is that they were very specific in asking what they needed in the RFE, and you kept sending back the wrong stuff.

As for the misspelling of your husband's name, just keep being persistent in correcting it (especially if your husband is the petitioner).

Edited April 29, 2008 by Cassie

[motu 6]

Many people get confused by tax periods - you get a W2 or 1099 for the year e.g. 2006 - the taxes for that year 2006 are filed in 2007. So, you need to pay attention to which tax return they are asking for - which year's taxes are in question and go with that. (The W2 will have the year for which you worked and the tax return will match that year but would have been filed in the next year.) Good Luck

Edited April 29, 2008 by motu

[mariapoe 0]

Magandy, sorry to hear about all the troubles you're going through.

However, it's always 125% of poverty line - either for k1 of AOS. 100% is for petitioners who are military, I think.

It's really frustrating though. We just filed and we also submitted my husband's tax info only for year 2007. I don't understand though you first say W2, then 1099 - isn't it two different forms? You get 1099 if you're self-employed and W2 is if you work for a company and on a payroll? So, if you submitted W-2 for 2006, may be he also was paid as a contractor in 2006 and would have receieved 1099 from whoever he made a work for and, may be, forgot about it? My husband is self-employed and he never gets W2s from the companies he works for; last year he got about eight of 1099 forms and we photocopied and submitted all of them with the Affidavit. Sorryr, I'm just guessing what may have happened to your docs.

I hope it will all get better for you soon.

[EstebanTrabajos 7]

Schedule an infopass appt. and take all the documentation. Calls, mailing back and forth and getting frustrated is not going to help; during the infopass you can explain your situation to an actual officer that can give you reasonable advice.

[Rob & Jin 0]

Also you are reqiured to file taxes every year, even if its 0, you need to file a late return for 2006.

[magandy 0]

Hi everybody

thanks for your answers.

indeed, the first mistake was ours, we didn't send the 1040 forms, but only our W2's...we apologized to USCIS for that, and will again.

i gues the trouble is that my husband really was under the poverty guideline as of 125% required. His mom filed for joint sponsor, and we now all hope that it's gonna work.

about the typo, (the mispelling error), the lady i spoke with on the phone was so rude and semi-threatening us for "complaining". anyways. we are sending the joint sponsor affidavit tomorrow morning, along with a "humble" letter saying sorry for the delay and etc...

hopefully this time it'll get us on track for ITW and biometrics! this process is such a hassle.

[Caladan 19]

One thing that they recommend in the instructions for AOS is to get a tax transcript, which you can get for free from the IRS mailed to you. It saves you from having to have both a copy of your income forms and tax forms. Basically, you're playing a matching game: match the income to the IRS filings, so that both are substantiated. The transcript does both at once.

In any case, if you send them the right things you should be in good shape. If you're not sure what they want, it's probably worth it to schedule an Infopass appointment rather than deal with the telephone.