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scottv009

got denial notice after RFE

By scottv009 in Bringing Family Members of US Citizens to America

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scottv009 Newbie

scottv009   0

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Hi family and friends, 

I am currently exhausted by my situation right now. I applied the I-485 for my mom who is 3 years overstayer. We went to the interview a week ago, everything went well except the officer asked for the 2018 tax transcript of my aunt( who is sponsoring for my mom because I have not enough income to sponsor her by myself) and I did not have that. He then sent me a RFE of my aunt 2018 tax which (W2, 1099 or transcript), I replied right a day after by sending him 2018 tax return (which what my aunt gave me). Today I received a decision letter of denial which saying that we failed to provide what they want. 

So please, anyone can help me with some advises what should I do next? should I hire a lawyer to help us in this case? 

Thank you All

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geowrian Grand Master

geowrian   22,336

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Filed: Lift. Cond. (pnd) Country: Philippines
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 What precisely did the denial letter state? That they never received a response to the RFE? Or that the response did not include what they asked for?

When did you send the response? Was it sent with a tracking number (and if so, I'm assuming it indicates it was delivered, right?)?

 

If the refusal is due to not responding by a certain date and you have evidence of sending the response to the proper address (from the RFE) before that date, then you can request that they reopen the case. A Motion To Reconsider (MTR) may or may not be necessary.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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scottv009 Newbie

scottv009   0

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7 hours ago, geowrian said:

 What precisely did the denial letter state? That they never received a response to the RFE? Or that the response did not include what they asked for?

When did you send the response? Was it sent with a tracking number (and if so, I'm assuming it indicates it was delivered, right?)?

 

If the refusal is due to not responding by a certain date and you have evidence of sending the response to the proper address (from the RFE) before that date, then you can request that they reopen the case. A Motion To Reconsider (MTR) may or may not be necessary.

The one that I sent them wasn't what they ask for. That was my mistake of misunderstanding the tax papers.   

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SusieQQQ Grand Master

SusieQQQ   11,585

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Filed: Citizen (apr) Timeline
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15 minutes ago, scottv009 said:

I sent them the 1040 tax form, I guess what they wanted to see is the tax transcrip

It's a pity, as you said they specifically asked you for one of the W2, 1099 or transcript. Did your aunt not understand what they wanted? For future reference, it's important to always be clear about what they want and provide that to them.

 

I am not sure if this means you need to file again from the beginning or if you can still somehow try reopen the case though, I will leave that to others to comment on.

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Hypnos Grand Master

Hypnos   6,576

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Filed: Citizen (apr) Country: United Kingdom
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They wanted either your aunt's complete tax return, which includes all forms and schedules she submitted (not only the 1040), or a tax transcript, which has all of that information on it by default. 

 

You will probably need to reapply, this time supplying all of the information and documents they request. 

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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scottv009 Newbie

scottv009   0

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49 minutes ago, Hypnos said:

They wanted either your aunt's complete tax return, which includes all forms and schedules she submitted (not only the 1040), or a tax transcript, which has all of that information on it by default. 

 

You will probably need to reapply, this time supplying all of the information and documents they request. 

do you think it's possible to request them to reopen the case? anyone is successful by doing that?

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Hypnos Grand Master

Hypnos   6,576

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Filed: Citizen (apr) Country: United Kingdom
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You can try, but I would be surprised if that worked. 

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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SalishSea Grand Master

SalishSea   17,033

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Filed: Lift. Cond. (apr) Country: New Zealand
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16 minutes ago, scottv009 said:

do you think it's possible to request them to reopen the case? anyone is successful by doing that?

Unlikely, as the mistake was not theirs in the first place, and they already gave you an opportunity to correct the mistake.

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