AOS Denial

[orang4 0]

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.

[aaron2020 11,651]

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

There is your problem.

You are improperly including your dad's social security income without him signing an I-864a.

You need to either exclude dad's income on mom's I-864 or get dad to sign on as mom's household member with an I-864a.

[orang4 0]

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?

[orang4 0]

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

[milimelo 4,481]

Couple of missing pieces I see - while your mother completed I-864, your father didn't do the I-864a. Also, you only sent mother's tax transcript when you're also to include the current income proof in the form of the letter from her employer or pay stubs. You were given an RFE and failed to respond to it fully.

I'd say re-file AOS (yes, that $1070 will hurt), get your Affidavit of support correct from the get go and now you have to include the newest (2013) taxes as well.

[orang4 0]

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.

[Darnell 8,478]

Yes, with the initial AOS packet, I sent my and my parent's birth certificates.

All three of us are US citizens.

scenarios:

1. you live with parents, parents file Jointly:

you - I-864 - dad - I-864 - mom - I-864-A

2. you not live with parents, parent file Jointly:

you - I-864 - dad - I-864 - mom - I-864-A

which scenario fits you and your parents?

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.

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

[Avery Cates 1,141]

Haven't I heard that if a visitor/VWP AOS is denied, there's no appeal?

[orang4 0]

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.

[Ketsuban 1,034]

Haven't I heard that if a visitor/VWP AOS is denied, there's no appeal?

Only VWP has no appeal.

[mike79 0]

Here is the pertinent information from our cover letter accompanying the AOS packet:

Nature of the submission:

Concurrent filing of I-485 - Immediate Relative (Spouse) Family Based Adjustment of Status Application, I-130 Petition for Alien Relative, I-765 Employment Authorization, and I-131 Application for Travel Document.

To Whom It May Concern:

Enclosed please find my concurrent filing of I-485 - Immediate Relative (Spouse) Family Based Adjustment of Status Application, I-130 Petition for Alien Relative, I-765 Employment Authorization, and I-131 Application for Travel Document and supporting documents as follows:

I-130 Packet:

- Personal check in the amount of $420.00 payable to U.S. Department of Homeland Security

- G-1145 – Form for E-notification of Application/Petition Acceptance

- I-130 – Petition for Alien Relative

- Birth Certificate of Petitioner

- Birth Certificate and Translation of Beneficiary

- Passport Biographical Page of Beneficiary

- Passport Entrance/Exit stamps and I-94 of Beneficiary

- Certified copy of Marriage certificate

- G-325A- Biographic Information for Petitioner

- Passport photos for Petitioner

- G-325A- Biographic Information for Beneficiary

- Passport photos for Beneficiary

- Evidence of Bona Fide Marriage

I-485 Packet:

- Personal check in the amount of $1,010.00 payable to U.S. Department of Homeland Security

- I-485 - Application to Register Permanent Residence or Adjust Status

- Passport Biographical Page of Non-US Citizen

- Passport Entrance/Exit stamps, B-2 Visa, and I-94 of Non-US Citizen

- Copy of birth certificate with Translation

- Certified Copy of Marriage License

- G-325A, Biographic Information for Non-US Citizen

- 2 passport photos of Non-US Citizen

- I-693

- I-864 - Affidavit of Support Under Section 213A of the Act, completed by Jonathan Stow

O Copy IRS Tax Transcript for 2012 tax year

- I-864 - Affidavit of Support Under Section 213A of the Act, completed by Mary Stow

O Copy IRS Tax Transcript for 2012 tax year

o Copy of Birth Certificate for Joint Sponsor- Mary Stow

I-765 Packet:

- I-765, Application for Employment Authorization

- Passport Photos

- Passport Biographical Page

- Passport Entrance/Exit Stamps, B-2 Visa, and I-94

I-131 Packet:

- I-131, Application for Travel Document

- Passport Photos

- Passport Biographical Page

- Passport Entrance/Exit Stamps, B-2 Visa, and I-94

I noticed your check for the I 485 was $1,010.00 it should have been $1,070.00

[Ketsuban 1,034]

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.

Along with tax returns, you should also send proof of current income. I.e. paystubs for the last 6 or so months, and possibly (not all employers will do it) a letter from your mother's employer stating her job title, salary, that her job is permanent and in good standing, how long she's been working there, etc.

[Darnell 8,478]

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'm not certain how to rephrase my comment about current annual income for 2014,

as

it's covered in the instructions for the I-864. I know of no other way to write about it.

[Hypnos 6,576]

The I-130 would likely not be denied at the same time the I-485 was. What exactly is the status of the I-130 right now? Still pending or approved, or something else?

It seems like you've identified the issue, so filing a whole new AoS (with a new medical) is probably the way to go. You should be able to use the existing I-130, unless for some reason it was also denied (which it shouldn't have been); you would just include a copy of the I-130 NOA with the fresh AoS packet.

[orang4 0]

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.