AOS denied because of insufficient income evidence

[Mrsjackson 300]

7 minutes ago, junkmart said:

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.

I would say it’s a mistake either way. Because even if you get a good lawyer you’ve still wasted money (likely a decent amount) on something that’s easily DIY with a great resource like VJ. But glad it worked out better for you than the OP.

[Kes66 4]

The lawyer was very reputable and only practices immigration.

 

I thought it odd that she insisted on only sending the bare minimum, when everything I read said the more information the better.

Her less is more approach certainly got us in some trouble here.

After reviewing what was sent, there were no W9’s, 1099s, even though my husband provided them.

It was just the tax return that was sent with no other documents.

She said the tax return was enough, obviously it wasn’t, or we wouldn’t have got the RFE.

She still thought it was enough, and resent it with a letter stating that the tax return met the requirements for approval.

OMG. What a mess.

The letter says I can’t appeal, so I suppose we have to apply all over again.

She is not in the office today and I can’t reach her.

I’m very disappointed and confused.

 

[cyclone27 710]

If you send tax return its expected to send the full return with all accompanying supporting documents. I think you need a new lawyer because this is rather basic. 

[geowrian 22,337]

The lack of complete returns was probably the issue.

That said, is the >$50,000 actual income or was it revenue? Basically, was that how much he claimed after business deductions? It's not uncommon for self-employed individuals to be able to write off large parts of their income for various business expenses. However, that is no longer income - you can't count something twice (i.e. you can't say it's needed for the business and therefore tax deductible AND it's income available for me to support somebody).

 

A past tax debt (this is different than having to pay taxes out of pocket for the year) may play a role, if it impactful and the IO is aware of it. The IO makes a decision based on the totality of the circumstances.

[SRNCR 6]

15 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.

 

 

I don't think much has been done to quash your worries here! You can either file a motion to reopen or file again. I would file again, despite it being more expensive. If you file again before the 33 days you won't have to leave. You also wont be put in removal proceedings until after the 33 days at the earliest so dont stress to much. Just act quickly, ask your lawyer for a copy of everything that was filed on your behalf and then fire them. Good luck. 

[discoverusa 268]

Definitely press the lawyer for a refund and if it doesn't work report to state bar. I would not hire that lawyer again. 

My husband is self employed (sponsor) and I have sent complete tax return including schedule C, official tax transcript from IRS, 1099 misc, no issues and case was approved on the day of the interview. 

Make sure his adjusted gross income (AGI) is meeting income requirements for family of two. 

Edited March 12, 2019 by discoverusa
Typo

[USS_Voyager 1,972]

3 hours ago, Kes66 said:

It was just the tax return that was sent with no other documents.

She said the tax return was enough, obviously it wasn’t, or we wouldn’t have got the RFE.

She still thought it was enough, and resent it with a letter stating that the tax return met the requirements for approval.

Oh no, that is clear incompetence and negligence on her part because the instructions are clear on what’s needed. I would even sue her and report to the state bar.

[Mrsjackson 300]

What exactly was missing from this? Because I thought only the w9 and 1099s were sent. Turns out she did send the return? Did you not send any of the schedules (my husband is also self employed and so I sent schedule c). Also, geowrian as usual asks a good question - $50,000 in income or revenue? That’s important. What does it say his income was on his tax return (line 22)?

[SalishSea 17,842]

4 hours ago, Kes66 said:

The lawyer was very reputable and only practices immigration.

 

I thought it odd that she insisted on only sending the bare minimum, when everything I read said the more information the better.

Her less is more approach certainly got us in some trouble here.

After reviewing what was sent, there were no W9’s, 1099s, even though my husband provided them.

It was just the tax return that was sent with no other documents.

She said the tax return was enough, obviously it wasn’t, or we wouldn’t have got the RFE.

She still thought it was enough, and resent it with a letter stating that the tax return met the requirements for approval.

OMG. What a mess.

The letter says I can’t appeal, so I suppose we have to apply all over again.

She is not in the office today and I can’t reach her.

I’m very disappointed and confused.

 

A tax return alone proves nothing.  You could fill one out, and never file it, right?  That is why the tax transcripts are so much better as evidence, or if it really must be tax return, tax return + W-2 from employer. 

 

This is super basic stuff.  Really unfortunate your lawyer messed up here!

[Rocko20 159]

12 hours ago, junkmart said:

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.

Yup, and tax transcripts can be requsted  online via the IRS free of charge 

 

https://www.irs.gov/individuals/get-transcript

 

Me and several other posters had a similar  tax related RFE. We submitted all tax information but still got an RFE because USCIS lost the paperwork. 

 

So I literally re-sent the USCIS every single page of tax transcript available for the RFE last October and so far so good, haven’t had any issues since. 

 

Tax transcripts are a must and lawyers must know the difference. The lawyer in the Op sadly did not do their job. W2 and other forms are not enough.

Edited March 12, 2019 by Rocko20