Filing AOS again (merged)

[ThomasNC1988 762]

This is just a thought as I am not experienced in these things, but could if have something to do with the fact you requested it be expedited because your husband would no longer be able to support you then sent them documents as to why he would be able to support you? In that you basically said I need you to hurry up because my sponsor is no longer eligible to sponsor me?

[Suss&Camm 2,213]

4 minutes ago, ThomasNC1988 said:

This is just a thought as I am not experienced in these things, but could if have something to do with the fact you requested it be expedited because your husband would no longer be able to support you then sent them documents as to why he would be able to support you? In that you basically said I need you to hurry up because my sponsor is no longer eligible to sponsor me?

No - expedites are requested based on financial loss, not inability to support. They are not in contradiction and it's done all the time. 

Edited November 10, 2017 by Suss&Camm

[Suss&Camm 2,213]

12 minutes ago, kleenex said:

@Suss&Camm this is the only RFE they requested. I did send these pages too - they faxed me one RFE and mailed me the same one too.

From this it looks like they just requested the complete tax return. 

 

9 minutes ago, DrEllaNJ said:

They would "straight up deny you" if there were missing documents after having sent an RFE. But from the RFE and your response it doesn't seem like you missed documents. 

Wait for the letter and then get back to us!

I agree.

[ThomasNC1988 762]

Okay I was just curious because it seems like if you said hey my sponsor no longer makes enough money to be eligible to sponsor me but hurry up and approve me it would be kind of counter intuitive. This is the government however so it doesn't have to make sense. Hopefully it is just a clerical issue for OP.

[EvieMN 105]

I'm more curious about what you said about your birth country?

You were born in Bosnia but you said in your forms you were born in Serbia?

Why? That could be a red flag in your background check.

If you file again, put the real country of birth and then in address history put where you actually resided in the last 5 years.

[kleenex 2]

@EvieMN I stated I was born in Bosnia, and I put my citizenships as both Serbian and Bosnian - I have dual. However, I entered the country on K1 visa as a Serbian citizen since I lived and worked in Serbia at the time of the application.  When I was an international student I was On a student visa as a Bosnian citizen. I don’t know if that would form some discrepancy. 

[EvieMN 105]

That's an interesting case but I don't see how it could be a reason for denial.

Keep us posted and good luck!

[kleenex 2]

Will provide more info as soon as I get the letter from them. Thank you @EvieMN

[Ray&Ash 271]

I hope the income for you stayed well over the minimum limit for a household of two. Because your fiance moved from fulltime to part time, did his salary come down drastically? That could be one reason. PLease make sure all the copies of documents you sent in original or in RFE response are genuine copies and you sent them everything they asked for. Also is there any part of your case related to DACA? They're going very strict on those these days.

Just one more thing I recalled - AoS can be affected by your past criminal records. Many times people think some 20 year old case they were cleared of, still shows up in uscis checks. 

And last of all - hope you didnt get married before your k1 was approved. You never know how and what they might find out.  (In this case you have to go back to your country, get married there and then file i130) 

 

If you feel all other stuff is fine from your side, you may get a lawyer. 

 

Wish you luck! Tc

[Ray&Ash 271]

10 minutes ago, kleenex said:

@EvieMN I stated I was born in Bosnia, and I put my citizenships as both Serbian and Bosnian - I have dual. However, I entered the country on K1 visa as a Serbian citizen since I lived and worked in Serbia at the time of the application.  When I was an international student I was On a student visa as a Bosnian citizen. I don’t know if that would form some discrepancy. 

This seems confusing. Im sure we all have heard of dual citizenships and usa approves of it, but i think you would have to forfeit one of the citizenships before you file for AoS. I dont think any country allows you to keep 3. Contact someone in immigration dept otlr your countries embassy and just make sure. 

Good luck

[kleenex 2]

@Ray&Ash thank you for your input. I don’t have any form of criminal record. I came to the United States six years ago. I didn’t even get a ticket - my record is clean. 

My husband had to go to the court for speeding in VA and that shows on his record. He had to hire a lawyer and pay a fine, but that was cleared up. Other than that none of us has any criminal/misdeameor history.

 

In regards to the income - he only makes 6k less since his hourly rate went up, but number of hours are only 32. He transferred from MD office to California office and they were able to give him only 32 hrs at the moment, but the rate for his position is higher here. 

 

And no, we got married after the K1 was approved and I was in the States. I applied for K1 while in my country and our visa was process and approved very quickly. That’s why I’m confused about what happened here. 

 

That is also what I was thinking in terms of my citizenship. I am trying to find out if having dual citizenship while filing for AOS can hurt my chances of getting a green card. 

 

Thanks a lot for your insight. 

Edited November 10, 2017 by kleenex

[Hypnos 6,576]

When you say your sent them your husband's tax returns, were they complete tax returns, including all schedules and forms that were originally submitted to the IRS? 

 

For a tax return to be acceptable to USCIS it must include every form and schedule; for this reason, many people instead submit IRS tax transcripts, which combine everything you submitted in a tax return into a single self-contained document, and are acceptable to USCIS. 

Edited November 10, 2017 by Hypnos

[Suss&Camm 2,213]

32 minutes ago, Ray&Ash said:

 I dont think any country allows you to keep 3. 

Actually many do.

[kleenex 2]

@Hypnos thinking now it could definitely be that then! I never had to file taxes so to be honest I do not even know what complete tax return has to include. We mailed them the “summary” so to speak, the one page IRS tax return transcript with all the information. I don’t know if that suffices ....

Edited November 10, 2017 by kleenex

[N-o-l-a 7,167]

5 minutes ago, kleenex said:

@Hypnos thinking now it could definitely be that then! I never had to file taxes so to be honest I do not even know what complete tax return has to include. We mailed them the “summary” so to speak, the one page IRS tax return transcript with all the information. I don’t know if that suffices ....

 

You had a one page tax transcript?  That sounds unusual.  Off the top of my head, mine are usually over 6 pages.

 

Either it is the returns with all the forms and W2, etc. or the full tax transcript.