UK AOS 2009 Thread

[rocks 494]

If you get an RFE at the NBC stage (which yours would be) it holds up the EAD and the AP. The only time it doesn't hold them up is once a case has been transferred to CSC and CSC send out an RFE.

yeah i just got an rfe (for something they already have ) and it clearly stated it would delay ead and gc but it didn't mention ap... it delays that too?

[English Muffin 59]

Hmmmm, maybe not AP. I got an RFE from the NBC for W2s and I definitely remember it saying that it holds up the EAD and I assumed it would hold up AP too but I could be wrong about that.

[rocks 494]

Hmmmm, maybe not AP. I got an RFE from the NBC for W2s and I definitely remember it saying that it holds up the EAD and I assumed it would hold up AP too but I could be wrong about that.

that's what my rfe was for, tax information. i sent them a w-2, i don't understand why i got an rfe...

anyone have any ideas?

[mr and mrs 187]

Hmmmm, maybe not AP. I got an RFE from the NBC for W2s and I definitely remember it saying that it holds up the EAD and I assumed it would hold up AP too but I could be wrong about that.

that's what my rfe was for, tax information. i sent them a w-2, i don't understand why i got an rfe...

anyone have any ideas?

did you send only a w-2? or did you send a w-2 with a copy of the corresponding year's tax return?

[rocks 494]

Hmmmm, maybe not AP. I got an RFE from the NBC for W2s and I definitely remember it saying that it holds up the EAD and I assumed it would hold up AP too but I could be wrong about that.

that's what my rfe was for, tax information. i sent them a w-2, i don't understand why i got an rfe...

anyone have any ideas?

did you send only a w-2? or did you send a w-2 with a copy of the corresponding year's tax return?

only w2 because when i spoke to the customer service center they said w2 was fine.. i'm so confused by this all. we got the transcripts today, so at least i can send those in if they complain again. were we supposed to send the stuff from turbo tax with the w2?

[English Muffin 59]

If you send tax transcripts then W2s are not required. If you send tax returns you also need to send W2s. W2s on their own are never enough.

[rocks 494]

If you send tax transcripts then W2s are not required. If you send tax returns you also need to send W2s. W2s on their own are never enough.

ok thanks for the info people. i love how the customer service center doesn't know what they're talking about.

[mr and mrs 187]

yeah, like the muffin says:

tax RETURNS required a corresponding w-2 (yes, the turbo tax print out.)

tax TRANSCRIPTS do not (can be sent on their own).

send the tax transcripts and that should satisfy the requirement.

edit: did you re-send the w-2 on it's own again in reponse to the RFE?

Edited April 23, 2009 by mr and mrs

[rocks 494]

edit: did you re-send the w-2 on it's own again in reponse to the RFE?

yes, because that's what the call center told me to send... i'm about ready to go back home lol

[mr and mrs 187]

yes, because that's what the call center told me to send... i'm about ready to go back home lol

dummies.

does anyone know if it's better to re-RE-send the RFE with the correct documents now, or once the next RFE comes?

[rocks 494]

yes, because that's what the call center told me to send... i'm about ready to go back home lol

dummies.

does anyone know if it's better to re-RE-send the RFE with the correct documents now, or once the next RFE comes?

good question

i still have a copy of the letter but i don't know if that would work...

[Nich-Nick 3,354]

Send the complete tax return (all tax forms plus W2) or send your transcripts along with a photocopy of the RFE letter since the original is gone. There is no "next" RFE with AOS unless it's on a totally different subject. It works like this...they send RFE...you send something back...if it's not enough, then the deny you. They don't ask you twice for the same info. Then you have to try to get the case re-opened. I've seen people post about this. They thought everything was fine because they mailed something back. Then they get a denial letter based on failure to provide enough information to approve.

[rocks 494]

Send the complete tax return (all tax forms plus W2) or send your transcripts along with a photocopy of the RFE letter since the original is gone. There is no "next" RFE with AOS unless it's on a totally different subject. It works like this...they send RFE...you send something back...if it's not enough, then the deny you. They don't ask you twice for the same info. Then you have to try to get the case re-opened. I've seen people post about this. They thought everything was fine because they mailed something back. Then they get a denial letter based on failure to provide enough information to approve.

as i said, i called the customer service center twice and they told me that sometimes they ask for the same information twice and that if i sent a w-2 again it would be ok so that's what we did... we finally got the tax transcripts yesterday, they were supposed to take a lot longer... so due to being told the wrong information twice, i'm going to get denied? is there anything you think i can do about this now? i'm so close to moving back home, this is ridiculous.

[rocks 494]

Send the complete tax return (all tax forms plus W2) or send your transcripts along with a photocopy of the RFE letter since the original is gone. There is no "next" RFE with AOS unless it's on a totally different subject. It works like this...they send RFE...you send something back...if it's not enough, then the deny you. They don't ask you twice for the same info. Then you have to try to get the case re-opened. I've seen people post about this. They thought everything was fine because they mailed something back. Then they get a denial letter based on failure to provide enough information to approve.

as i said, i called the customer service center twice and they told me that sometimes they ask for the same information twice and that if i sent a w-2 again it would be ok so that's what we did... we finally got the tax transcripts yesterday, they were supposed to take a lot longer... so due to being told the wrong information twice, i'm going to get denied? is there anything you think i can do about this now? i'm so close to moving back home, this is ridiculous.

ok i just sent a photocopy of the letter with copies of the tax transcripts. i wrote a little note to explain what happened and to apologize, i hope it appeals to their emotional side. we are speaking with an immigration lawyer my husband knows, just to see if there is anything else we can do. thanks for the advice Nich-Nick. i hate how i'm made to feel bad by the government for trying to be with the man i love.

[Nich-Nick 3,354]

Applying for AOS requires the I-864 Affidavit of Support. The instructions for that for say on p. 8

You must provide either an IRS transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year.

and a lttle farther down that page it says:

If you provide a photocopy of your tax return(s), you must include a copy of each and every FormW-2 and Form 1099 that relates to your return(s). Do not include copies of these Forms if you provide an IRS transcript of your return(s) rather than a photocopy.

So if I'm understanding, you sent only a W2 with the I-864. Then you got a RFE and wondered why they wanted a W2 when you already sent one. Then customer service told you to send a W2. So you sent W2 only again.

I think you've missed the basic instructions of sending a tax return or transcript of your tax return. That's why I suggested you use that copy you made of the RFE letter to send the tax transcripts right now without waiting. The RFE photocopy should get the tax information routed to your file. I guess you need to see where the RFE letter should go. If the address isn't California (where the case is now) then maybe a call or infopass appointment to verify how to get the tax transcipt to your file at CSC would help.

About the customer service person. They don't look at your file or have much access to your specifics. I think the biggest cause for AOS RFEs that I see over and over again on VJ is failure to included W2s when sending the photocopy of the tax return. So maybe the lady was not understanding you and was giving the standard answer of "send in your W2" since that's the most common mistake that people make with the I-864. You actually did the opposite, sent W2 without the return.

The people that get denial letters are outraged that nobody told them that their RFE answer wasn't enough. It seems that if USCIS asks for some more information (RFE) and the date has expired and they still don't have what they need, then they consider the petition abandoned eventually, and close out the case with a denial. It's just something anecdotal I've read about on VJ and thought I should pass on since Mr/Mrs commented that they would ask again. They might ask for something different later, like medical info, but I don't think they ask for the same info (tax return) twice. Just my opinion based on months of reading and studying this process and nothing more. There are notes in the adjudicators field manual or a memorandum that say the USCIS adjudicator can at his own discretion determine from a W2 that there is enough money to support an alien and do not have to ask for anything more. But because somebody sent you an RFE, then that means the W2 alone didn't satisfy the person that sent it.

Edited April 24, 2009 by Nich-Nick