Filing AOS again (merged)

[geowrian 22,337]

14 hours ago, p1po2w said:

srećno i nadam se će ovo uskoro da se reši i da je u pitanju samo neka greška.  

1 hour ago, kleenex said:

Hvala puno!  i ja se iskreno nadam. Mada mi se čini da smo mi pogrešili sa complete tax return. Čini mi se da nismo dali kompletnu dokumentaciju za to...

English only in the upper forums, please. Thank you.

[kleenex 2]

@geowrian my apologies  

[Hypnos 6,576]

2 hours ago, kleenex said:

I assume that once they RFE something and it’s incomplete they just deny the case without sending another warning. Which makes sense unfortunately. 

Yes, you usually only get one bite of the cherry with an RFE. Well, technically it's two because if they send you an RFE that means you've already failed to provide something they told you was needed at the outset. An RFE is a second shot at it, and another RFE would be a third shot. Some kind adjudicators will RFE you a second time for the same thing, but (and this is understandable given their workload) most will just deny after that.

Edited November 11, 2017 by Hypnos

[kleenex 2]

UPDATE: I have received the letter from USCIS. So like I mentioned before it turns out the reason for denial was incomplete tax return... 

now I have to right to file I-290B. Has anyone had experience with filing a motion? 

 

[Hypnos 6,576]

A MTR will not be successful because the error was yours. You were properly denied. 

 

You would need to show that USCIS made an error in either law or policy to be able to file a MTR and for it to be granted. 

 

You cannot correct a deficiency of your own making through a MTR. The only thing you can do is begin over with a fresh application, this time providing a complete copy of all requested documents. 

Edited November 14, 2017 by Hypnos

[EvieMN 105]

Agree with the above. I know it's the last thing you want to hear (read) right now and It's a lot of money but that's your only way. That I know of. You can consult with a laywer if you'd like just to get a different opinion. Good luck and keep us updated.

[Georgia16 2,858]

12 hours ago, kleenex said:

UPDATE: I have received the letter from USCIS. So like I mentioned before it turns out the reason for denial was incomplete tax return... 

now I have to right to file I-290B. Has anyone had experience with filing a motion? 

 

Start a new AOS and send that in with all the information. 

 

 

[kleenex 2]

It’s such a bummer!  Knowing I was just a few important documents away from getting it that we could have submitted had we been aware of it. I already got couple of job offers and was looking forward to starting to work again.  Moneywise and  timewise it’s very upsetting, but mistake is on our end. I already started preparing a new package. I will keep you updated. I am just hoping it won’t take another six months for EAD at least. 

 

Thank you all for your help! 

Edited November 14, 2017 by kleenex

[Georgia16 2,858]

8 minutes ago, kleenex said:

It’s such a bummer!  Knowing I was just a few important documents away from getting it that we could have submitted had we been aware of it. I already got couple of job offers and was looking forward to starting to work again.  Moneywise and  timewise it’s very upsetting, but mistake is on our end. I already started preparing a new package. I will keep you updated. I am just hoping it won’t take another six months for EAD at least. 

 

Thank you all for your help! 

You can request to get the EAD expedited with a letter from the employer that you got a job offer. 

 

But get the the whole package off first with the EAD/AP and then look into that once you have send your AOs package and gotten NOA1. 

[kleenex 2]

Hello everyone. I entered the USA on K1 visa. We got married May 17th, and my application was received June 9th.  After five months of waiting I was denied due to incomplete tax return documents ( we simply weren’t aware that it was incomplete). Now I am getting ready to send another package and I want to make sure I don’t make any mistakes. Since I entered on K1 visa I have already done my medical for that visa prior to coming here. Will I have to do it again now that I am re-filing for AOS? Has anyone had experience filing another AOS after being denied ? Do I still file it as as someone who came as K1 visa holder?

 

Thank you.

[Ebunoluwa 6,136]

Yes, you still file as a K1 entry.
If you file within one year of the date of your medical and your DS3025 is marked complete then you are fine.
You should have received a RFE so you could respond to the items that were missing before they denied you.
If you did not get one then figure out why so it won't happen again.
Send official tax transcripts from the IRS because they include all schedules.
See the AOS guide here under the guides tab on the complete package, look at the filled out example forms.
Mark your mail box with your name.

[Smooch-Esther 8]

Hi.. i just sent my AOS packet last nov. 3 and they sent me msg already that they received it last Nov. 13. I only included my husbands w2 forms from 2014-2016 since we cant have the 2017 copy yet til this year ends.

 

Now im apprehensive that i might experience the same as you. Is the IRS and w2 form the same? Coz my hubby said he only got that w2. 

 

Were you still able to recieve your EAD and AP despite of the denial? 

 

Thanks

[kleenex 2]

@Smooch-Esther you don’t have to worry about this year.  they care about the most recent one (2016) and they want complete tax return information. So just make sure you have everything tax related from the last year.

 

They RFE me complete tax return, but we did not really understand that they want complete documentation so we ended up mailing them only W2 which wasn’t sufficient and hence they denied my aplication. 

 

I did not get anything since those two applications require the same documentation. I did not get my work permit nor a green card.

 

i basically have to do it all over again and pay all the fees.

 

i am trying to figure out if by scheduling infopass I can convince them to reopen the case and take the additional evidence into consideration. I doubt they will since it was our mistake, but at least I’ll try. 

Edited November 15, 2017 by kleenex

[cyanmavi 101]

You can either send W2s, pay stubs, employment letter, 1040s OR you can send IRS transcripts. With IRS transcripts, you don't need supplement documents, but W2s need them.

[Ebunoluwa 6,136]

1 hour ago, cyanmavi said:

You can either send W2s, pay stubs, employment letter, 1040s OR you can send IRS transcripts. With IRS transcripts, you don't need supplement documents, but W2s need them.

Even with official IRS transcripts you still need pay stubs and an employment letter to prove income but all schedules are included in the transcripts.