AOS Denial

[orang4 0]

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?

[orang4 0]

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.

[Hypnos 6,576]

Yes, you have previously applied for employment authorisation, and yes, you should use the alien number previously assigned.

[engineer21 51]

Dont forget to include documentation showing your current (2014) income is enough.

I would recommend Paystubs and letter from employer stating your annual salary.

I didn't include tax transcipts just copies of 1040, w-2, 1099, and 1098 and there were no issues.

Looks like you're already in the final stages of remedying the situation.Good luck and keep VJ posted!

[orang4 0]

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.

[Hypnos 6,576]

Provided it's a new copy in the sealed envelope then you should be able to (re)submit it with your new I-485.

[orang4 0]

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

[orang4 0]

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

[orang4 0]

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

[orang4 0]

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

[Harpa Timsah 13,258]

Looks good. If you get another RFE, come back here and have people look at it.

[Possiblymaybe 371]

I would also include a copy of your passport or birth certificate to establish that you are a US Citizen (for the I-864)

[Hypnos 6,576]

A letter stating why you need advance parole is not required for the I-131.

[orang4 0]

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.

[Harpa Timsah 13,258]

I would just include a copy of the I-485 denial. My feeling is that that part doesn't apply to you, because the EAD wasn't denied for any reason except that the I-485 was denied, but just to be safe, a copy of the denial notice seems prudent.

No negative effects in sending non qualifying tax returns.

Good luck.