AOS Denial

[Dragonmermaid 3]

Hi, there! I've been following your thread since you first posted in the forum and I wanted to make a comment. I filed my husband's I-485 with tax returns for 2010, 2011, and 2012 on March 6th and have also just received an RFE requesting tax returns for the "most recent tax year", which I am assuming is 2013. I plan to call the hotline to be super sure, but it sounds to me that the reason why you got denied is because you sent tax returns for 2012 and they wanted returns for 2013 because they started reviewing your paperwork so late in 2013. I hate that they don't specify WHICH year and that should be grounds for you to be appeal. $1070 to refile is not cheap and it's their fault for not specifying WHICH year, right? I wish that it would clearly state on the site: "If you apply late in the year or early in the year, wait until your tax returns are complete before you file because we're going to ask for them!"

Your application will most likely go through perfectly this time, but -seriously- there should be some kind of recourse for the first application because it's their fault for not specifying which year's returns when you filed Fall 2013 and at that time, 2012 WAS the most recent year! Good luck to you!

[Harpa Timsah 13,258]

2013 is NOT the most recent tax year until April 15.

[Dragonmermaid 3]

@Harpa Timsah - I thought so too but Orang4 and I both got RFE for the "most recent tax return" when we both submitted returns for 2012 so I just want to be super sure and careful for my own submission because I definitely do not have another $1070 to refile. I'm going to call the hotline to reconfirm, but I'm thinking I'm going to submit tax returns for 2013 AND 2012 to cover my bases.

[Harpa Timsah 13,258]

Hey Dragon,

I understand what you are saying. I think if 2013 is done then it is a good idea to send them in.

But, the most common issue is that people do not understand what a complete tax return is. That differs for every person, but includes a combination of 1040, W2s or 1099s, and all schedules and supplemental forms. A lot of people just read "tax form," send the 1040, and think that is all there is to it.

So if you sent 2012 forms that were incomplete, they would still RFE you for "most recent tax form." They say it like that because 3 years is not strictly required, just a complete copy of the most recent year.

[Dragonmermaid 3]

Thank you, Harpa - I appreciate your feedback. I will be sure to send your advice to the accountant to make sure that he submits a complete tax return for both 2012 and 2013. I know that joint sponsor and I both sent our 2012 tax transcripts, but I read that this would be sufficient. Crazy how there are always these little nuances to every request! Crossing my fingers for both Orang4 and myself!

[Harpa Timsah 13,258]

A transcript is good - it shows all the "parts" of a complete tax return. Getting transcripts is the most fool-proof method of success.

[orang4 0]

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.

[orang4 0]

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.

[Harpa Timsah 13,258]

Great news! Congrats!

[Darnell 8,478]

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.

Yay ! Congratulations !

Whatcha cooking, to celebrate ?

[Dragonmermaid 3]

That's so wonderful! Congrats! My husband and I have our AOS interview on July 1st so we hope to have good news in two week.... Fingers crossed! :-)

[sweet cakes 326]

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.

Congrats!

[genddob 10]

On the original RFE, I think they were very clear that they wanted the tax return, and supporting documents ie W2s etc. You sent a tax transcript which is basically a summary of the return, when they clearly wanted the detailed actual return. Probably to verify that you incorrectly added your father's income to your mother's. Don't read too much into the requests and instructions USCIS gives you - just give them exactly what they ask for.

[CdnRN 40]

Congrats orang4!!!