Help: Form I-485 rejected for Federal Tax Income Return & Evidence to Establish Petitioner is US Citizen (all forms were sent)

[Clink2023 3]

Help,

We received a notice of decision that our I-485 was denied, with strong messaging that my husband would have to leave the country within 33 days and that employment authorization would be removed!? My husband and I got married on the K1 visa within 90 days of entry and followed all requested documents and protocol. We submitted all documentation in April, and November we've received notice of denial for complete Federal Tax Return information and evidence of my citizenship (all of which I included). We are terrified. What do we do next?

Thank you,

Dixie

[appleblossom 2,539]

33 minutes ago, Clink2023 said:

Help,

We received a notice of decision that our I-485 was denied, with strong messaging that my husband would have to leave the country within 33 days and that employment authorization would be removed!? My husband and I got married on the K1 visa within 90 days of entry and followed all requested documents and protocol. We submitted all documentation in April, and November we've received notice of denial for complete Federal Tax Return information and evidence of my citizenship (all of which I included). We are terrified. What do we do next?

Thank you,

Dixie

 

Can you tell us exactly what you did include for evidence of citizenship/tax info?

 

You'll either need to file again, or file a I-290B if it's a USCIS error, but if you can give more info on what you included, somebody can help you figure out which may be best. 

[OldUser 6,689]

First of all, do not panic.

The wording is misleading.

Yes, your spouse is out of status right now.

However, you can refile I-485 or file I-290B to reconsider. If you do it fast enough, your spouse would not be placed in removal and can remain in the US until I-485 is decided.

 

1. What evidence of citizenship did you submit?

2. What tax information did you submit?

 

Also, can you post redacted version of denial letter here? E.g. without names and addresses.

Edited 13 hours ago by OldUser

[Clink2023 3]

Hi all, I'm trying not to panic, but getting this letter has hit us both hard. Thank you in advance for your help.

We are trying to determine whether to refile I-485 or file I-290B to reconsider or reopen. We did miss a critical point at the end of the letter to provide supporting documentation for my citizenship - they have all my social security and other evidence submitted to receive our 129F petition and approval. However, in our first RFE we provided complete federal tax income returns for the joint sponsor (shown in our USCIS profile) so this is an error on their part. It was 2022 tax returns submitted in April of this year - as 2023 returns were unavailable then. So unsure of what to do next. 

 

 

Denial Notice_Redacted.pdf Request for Evidence Form 1-485_Redacted.pdf

Edited 10 hours ago by Clink2023

[SalishSea 17,834]

58 minutes ago, Clink2023 said:

Hi all, I'm trying not to panic, but getting this letter has hit us both hard. Thank you in advance for your help.

We are trying to determine whether to refile I-485 or file I-290B to reconsider or reopen. We did miss a critical point at the end of the letter to provide supporting documentation for my citizenship - they have all my social security and other evidence submitted to receive our 129F petition and approval. However, in our first RFE we provided complete federal tax income returns for the joint sponsor (shown in our USCIS profile) so this is an error on their part. It was 2022 tax returns submitted in April of this year - as 2023 returns were unavailable then. So unsure of what to do next. 

 

 

Denial Notice_Redacted.pdf 118.5 kB · 2 downloads Request for Evidence Form 1-485_Redacted.pdf 1.63 MB · 2 downloads

If you failed to provide documentation of your citizenship, then you have no choice but to refile.

[K1visaHopeful 2,816]

1 hour ago, Clink2023 said:

Hi all, I'm trying not to panic, but getting this letter has hit us both hard. Thank you in advance for your help.

We are trying to determine whether to refile I-485 or file I-290B to reconsider or reopen. We did miss a critical point at the end of the letter to provide supporting documentation for my citizenship - they have all my social security and other evidence submitted to receive our 129F petition and approval.

 

Each new petition requires required proofs. 

1 hour ago, Clink2023 said:

However, in our first RFE we provided complete federal tax income returns for the joint sponsor (shown in our USCIS profile) so this is an error on their part.

And you provided YOUR proof of filing taxes for YOURSELF as the original sponsor as well? 

If you are going the complete federal tax returns route rather than the much easier Return Transcript route as proof, "complete" means all schedules PLUS earnings statements for employed and 1099s for self employed?

Did you provide that for ALL  sponsors?  You are always sponsor regardless of your financial ability TO sponsor.

 

If not, an motion to reconsider wpuld not apply to a miatake on your part.

1 hour ago, Clink2023 said:

It was 2022 tax returns submitted in April of this year - as 2023 returns were unavailable then. So unsure of what to do next. 

 

 

Denial Notice_Redacted.pdf 118.5 kB · 2 downloads Request for Evidence Form 1-485_Redacted.pdf 1.63 MB · 4 downloads

Sorry I'm not going to download that so sorry if my above is repetitive/irrelevant.

 

Also, you filed when? (You've confused your VJ timeline and input K1 info into your AOS timeline. Please correct).

If you filed after April 15th, 2023 tax proofs would be required not 2022.

Edited 9 hours ago by K1visaHopeful

[OldUser 6,689]

The denial notice lists very clearly the reasons why I-485 was denied and next steps. It is really really helpful if you follow what it says. Do you have any questions?

[Clink2023 3]

We have received various opinions regarding our next steps. The options outlined in the notice of decision are: 1. filing a motion to reopen or reconsider using form I-290B, although many have advised against this due to potential delays, and 2. departing the United States. It’s worth noting that the notice does not mention the possibility of refiling. However, from discussions in forums and advice from others, there seems to be a suggestion to consider refiling, indicating that not all options are clearly presented.

 

To address additional questions: I have already submitted my complete tax returns as the original sponsor when we submitted our initial documents in January 2024, along with the joint sponsor's complete tax returns in April 2024 when requested from the RFE. We did not have access to the 2023 tax returns at the time of providing the additional documents for the RFE.

 

 

 

[powerpuff 6,703]

Refiling is absolutely an option and has been done before.

[appleblossom 2,539]

7 hours ago, Clink2023 said:

We have received various opinions regarding our next steps. The options outlined in the notice of decision are: 1. filing a motion to reopen or reconsider using form I-290B, although many have advised against this due to potential delays, and 2. departing the United States. It’s worth noting that the notice does not mention the possibility of refiling. However, from discussions in forums and advice from others, there seems to be a suggestion to consider refiling, indicating that not all options are clearly presented.

 

To address additional questions: I have already submitted my complete tax returns as the original sponsor when we submitted our initial documents in January 2024, along with the joint sponsor's complete tax returns in April 2024 when requested from the RFE. We did not have access to the 2023 tax returns at the time of providing the additional documents for the RFE.

 

 

 

I don’t think I-290b is relevant as you’ve said you didn’t provide proof of citizenship, so it wasn’t USCIS error. 
 

I’d just file again asap. Good luck.