AOS denied because of insufficient income evidence

[Kes66 4]

Hi. 

I just received a letter saying my AOS application was denied.

The reason being, that there was not sufficient proof of my husbands income for the latest tax year. We filed in 2018, so they were wanting 2017 income.

We received an RFE shortly after filing, asking for the details on his income for that year.

We had already submitted his W9’s and 1099’s. He is a freelance web developer.

Our lawyer responded to the RFE, and sent the same documents again, assuring us that it may have been an oversight or mistake, and that the documents we submitted in the first place were absolutely enough to prove his income, so we were thinking everything would be fine, and then I got the letter.

It says I have to depart in 33 days... etc... it sounds very scary. I am an overstay, so I can’t leave and be able to come back in until this is all approved.

I am just wondering, what else could we possibly give them other than 1099 and w9 to show his earnings better than those documents already can?

He has some tax debt, but I didn’t think that would factor in to the decision.

He made well over $50,000 that year, and it’s just the two of us.

I think we missed the window of opportunity to add a joint sponsor if need be, or more supporting documents, which we could have done in the RFE, only, we don’t have any more documents other than what we gave them twice already.

Why wasn’t this enough?

Does anybody have any insight?

I’m freaking out and can’t find much information online.

Speaking with lawyer tomorrow, but would still like to hear from y’all on this matter.

Thank you.

 

 

[Loren Y 2,755]

One of the important things for them to see is that you have filed taxes jointly. Not sure when you got married, but at the minimum they usually want to see tax transcripts from the last year or two for proof that taxes were filed. I also get 1099 income every year along with a regular w-2, but you have to show you filed taxes either jointly, or separately.  If he has some tax debt and just didn't file his taxes to avoid paying it, that could be an issue. I'm sure some other VJ'ers who have done the AOS can help with this. I just filed mine about 34 days ago, and I included tax transcripts in the I864 for proof of income.

 

[AnJay 137]

Sorry to hear that. Your husband is self employed so you have to send his IRS transcript from 2017 or Full tax return. The line 22 of the latest tax return ( 2017) shows how much he made and will be considered. Of course 1099 and w9 ( dont know what it is to be honest) wasnt enough. 

[Hypnos 6,576]

Tax transcripts are the way to go. 

 

If you decide to re-file for AoS, you should use those instead of tax returns. 

[Kes66 4]

What happens? Do we have to show this evidence in removal court, seeings as I’m denied?

There is no opportunity to send more evidence after a denial? 

I’m so scared.

We got married in 2017.

Filed AOS in 2018.

He filed taxes jointly for 2018, not sure about 2017 because we were not married the entire year. 

I don’t work.. well, because I’m out of status and can’t, so I have never filed taxes in America and don’t have a grasp on how it works here.

The letter says we submitted another copy of state and federal tax return in the RFE.

What is that exactly? 

Is that something anyone can write anything on?

Were we supposed to include invoices and where the numbers came from? Is this not all automatically verified on the state and federal tax return?

I’m sorry, I just don’t “get” it.

I hope my questions make sense.

 

 

[AnJay 137]

4 minutes ago, Kes66 said:

What happens? Do we have to show this evidence in removal court, seeings as I’m denied?

There is no opportunity to send more evidence after a denial? 

I’m so scared.

We got married in 2017.

Filed AOS in 2018.

He filed taxes jointly for 2018, not sure about 2017 because we were not married the entire year. 

I don’t work.. well, because I’m out of status and can’t, so I have never filed taxes in America and don’t have a grasp on how it works here.

The letter says we submitted another copy of state and federal tax return in the RFE.

What is that exactly? 

Is that something anyone can write anything on?

Were we supposed to include invoices and where the numbers came from? Is this not all automatically verified on the state and federal tax return?

I’m sorry, I just don’t “get” it.

I hope my questions make sense.

 

 

Do you have full tax return from 2017? You also should request IRS transcript from 2017. What the latest tax return shows on line 22? You didnt send proper documents. 

I can not tell you what to do as I am not an expert, but you have to file AOS again before 33 days gone. 

[SusieQQQ 11,586]

Without knowing details, I know some people (particularly self employed) have been caught out before by the difference between what they actually make, and what is shown on the tax return as income. Although, I would assume that the lawyer would have picked up on that if that was the issue.

[junkmart 320]

7 hours ago, Kes66 said:

Hi. 

I just received a letter saying my AOS application was denied.

The reason being, that there was not sufficient proof of my husbands income for the latest tax year. We filed in 2018, so they were wanting 2017 income.

We received an RFE shortly after filing, asking for the details on his income for that year.

We had already submitted his W9’s and 1099’s. He is a freelance web developer.

Our lawyer responded to the RFE, and sent the same documents again, assuring us that it may have been an oversight or mistake, and that the documents we submitted in the first place were absolutely enough to prove his income, so we were thinking everything would be fine, and then I got the letter.

It says I have to depart in 33 days... etc... it sounds very scary. I am an overstay, so I can’t leave and be able to come back in until this is all approved.

I am just wondering, what else could we possibly give them other than 1099 and w9 to show his earnings better than those documents already can?

He has some tax debt, but I didn’t think that would factor in to the decision.

He made well over $50,000 that year, and it’s just the two of us.

I think we missed the window of opportunity to add a joint sponsor if need be, or more supporting documents, which we could have done in the RFE, only, we don’t have any more documents other than what we gave them twice already.

Why wasn’t this enough?

Does anybody have any insight?

I’m freaking out and can’t find much information online.

Speaking with lawyer tomorrow, but would still like to hear from y’all on this matter.

Thank you.

 

 

W-9, 1099, w-2, etc. are not sufficient to prove income. The instructions are clear, provide IRS transcripts, or COMPLETE tax return including all forms, schedules, w-2, 1099s, W-9s, etc.

 

You only provided part of a tax return, twice, hence the denial.

 

I would fire your lawyer. Any competent immigration attorney should have known what to submit.

[Hypnos 6,576]

You didn't provide the requested information in the RFE (a full and complete copy of your husband's tax return or a tax transcript, that you can get for free from the IRS in a few days) so you were properly denied. 

 

You can apply again as a fresh filing, but would need to pay all of the fees again. 

 

Just make sure to use tax transcripts this time around. And as already stated, fire that lawyer. This was a very elementary mistake that an immigration attorney should not be making. 

Edited March 11, 2019 by Hypnos

[databit 328]

"We got married in 2017.

Filed AOS in 2018.

He filed taxes jointly for 2018, not sure about 2017 because we were not married the entire year. "

 

Well, if he didn't file as married for the 2017 tax year, this is the problem. As long as a couple is married by December 31, they are considered married for the entire tax year. He may need to go back and amend his 2017 tax return.

Edited March 11, 2019 by databit

[SusieQQQ 11,586]

Filing married and filing jointly is not necessarily the same thing. Can be married filing separately. More clarity needed?

 

1 hour ago, databit said:

"We got married in 2017.

Filed AOS in 2018.

He filed taxes jointly for 2018, not sure about 2017 because we were not married the entire year. "

 

Well, if he didn't file as married for the 2017 tax year, this is the problem. As long as a couple is married by December 31, they are considered married for the entire tax year. He may need to go back and amend his 2017 tax return.

 

Edited March 11, 2019 by SusieQQQ

[Kes66 4]

I really don’t think the joint filing is the issue.

I think it’s an incomplete tax return that was sent. Twice.

Oh my gosh.

Thanks guys.

I’m very annoyed. I was so careful with every single step, got the lawyer and everything.... the tax stuff just wasn’t something I had educated myself on.

I trusted my husband and the lawyer with that, I wish I had known more, and asked more questions about the RFE, and responded to that correctly. Insisted the lawyer ask my husband for more supporting documents... my husband is very difficult, it’s like getting blood from a stone trying to get him to be helpful.

when she said we didn’t need anything else, we were both relieved and didn’t even question it.

Oh gosh.

Please wish me luck fighting this.

 

 

 

 

[Mrsjackson 300]

Your first mistake was hiring a lawyer unfortunately. It is shocking how many times I have seen people come on here and describe very simple errors that really messed their case up. Had you come on here to VJ in the first place and asked you would have been told to send the TRANSCRIPT. They issued you an RFE giving you the opportunity to do that and your incompetent cash grabbing lawyer didn’t know what the heck he was doing or bother to look that much into it. I’m so sorry because I know you thought a lawyer would give you accurate information and you should have been right about that. So because you have now been denied I believe you need to start all over again with a spouse visa. I don’t think showing up to removal proceedings with the evidence they asked you for before will help now. Someone please correct me if I’m wrong about anything (I’m not as seasoned a VJer as some on here are so I hope you get more detailed info soon!). Good luck with everything. 

Edited March 11, 2019 by Mrsjackson

[junkmart 320]

2 hours ago, Kes66 said:

I really don’t think the joint filing is the issue.

I think it’s an incomplete tax return that was sent. Twice.

Oh my gosh.

Thanks guys.

I’m very annoyed. I was so careful with every single step, got the lawyer and everything.... the tax stuff just wasn’t something I had educated myself on.

I trusted my husband and the lawyer with that, I wish I had known more, and asked more questions about the RFE, and responded to that correctly. Insisted the lawyer ask my husband for more supporting documents... my husband is very difficult, it’s like getting blood from a stone trying to get him to be helpful.

when she said we didn’t need anything else, we were both relieved and didn’t even question it.

Oh gosh.

Please wish me luck fighting this.

 

 

 

 

Good Luck! You might want to talk to the lawyer who told you that a W-9 and 1099 were sufficient to prove income, show them the instructions to the forms which show a complete return or transcript is required, and ask them for free legal services to get it straightened out, or a refund due to their gross negligence. After all, you are out quite a bit of money due to their mistake. If that doesn't work, I'd report them to the state bar. You may not get anywhere, but it might make you feel better

Edited March 11, 2019 by junkmart

[junkmart 320]

5 minutes ago, Mrsjackson said:

Your first mistake was hiring a lawyer unfortunately. It is shocking how many times I have seen people come on here and describe very simple errors that really messed their case up. Had you come on here to VJ in the first place and asked you would have been told to send the TRANSCRIPT. They issued you an RFE giving you the opportunity to do that and your incompetent cash grabbing lawyer didn’t know what the heck he was doing or bother to look that much into it. I’m so sorry because I know you thought a lawyer would give you accurate information and you should have been right about that. So because you have now been denied I believe you need to start all over again with a spouse visa. I don’t think showing up to removal proceedings with the evidence they asked you for before will help now. Someone please correct me ignore I’m wrong about anything (I’m not as seasoned a VJer as some on here are so I hope you get more detailed info soon!). Good luck with everything. 

I wouldn't say its a mistake to hire a lawyer. It's a mistake not to research that lawyer, get references, etc. I have a great lawyer! If a lawyer practices in several areas, e.g. immigration, bankruptcy, divorce, then keep looking. A good immigration attorney doesn't need to dabble in other areas of law to make ends meet. A bad lawyer can make this experience a living hell, and no one needs the extra stress during this process. As many have said, if you've got a straightforward case, and can read and follow instructions CAREFULLY, then do it yourself.