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

[Clink2023 4]

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 3,047]

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 7,425]

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 November 26, 2024 by OldUser

[Clink2023 4]

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 November 27, 2024 by Clink2023

[SalishSea 18,123]

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 2,876]

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 November 27, 2024 by K1visaHopeful

[OldUser 7,425]

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 4]

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 6,748]

Refiling is absolutely an option and has been done before.

[appleblossom 3,047]

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. 

[Bob in Boston 767]

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

I know from personal experience tax return transcripts are available 10 to 20 days after a return is filed. Your RFE was due on May 10th. Even if you couldnt get the transcript the paper copies should have been filed by 15 or 17 April and you could have sent them. Not their error. I think a new 485 is what you need to do to get back in the program. I have a little saying. Its their game and you need to play by their rules.

Edited November 27, 2024 by Bob in Boston

[wazzujoel 77]

I would highly advise you to hire a lawyer. 

 

I read your RFE and they bulleted everything that was required and the denial letter very clearly states why you were denied. The RFE stated you needed to submit 

 

1. Provide i-864 from Joint Sponsor ✅

2. Provide Social Security Number of Joint Sponsor on i-485 ⚠️

3. Provide correct calculated household size on -485 ⚠️

4. Provide Joint Sponsors complete tax return including W2's and schedules for last year ❌

5. Submit evidence that joint sponsor is a US Citizen ✅

6. Verify that Joint sponsor + you meet income requirements with lots of ways to verify that. ⚠️

7. Proof that you are a US Citizen ❌

 

And then from the denial letter documented what you actually submitted in response to this RFE was 

 

1. A 2020 copy of W2 from joint sponsor -  . ❌  Not asked for.

2. A copy of 2022 W2 for the petitioner -   ❌ Not asked for 

3. A copy of 2022 W-2 for joint sponsor -   ⚠️ ❌ Close, but where is their full tax return? 

4. A copy of the 2021 W-2 for the joint sponsor -   ❌ Not asked for

5. A completed USCIS form i-864 for the joint sponsor - ⚠️✅ Good this was asked for. BUT Did you include their SSN, correct household size, and was it signed? 

6. A copy of the joint sponsors birth Certificate. ✅ Great! They asked for this. 

 

With all due respect, the RFE is very clear what they were asking for and your response to the RFE did not respond with the items they were asking for AND you provided stuff they were not asking for. You are certainly not the first person to do this, nor will you be the last... But to me it is just wild that people receive RFE's or do the original application and just regurgitate a lot of irrelevant information not being asked for like that is somehow going to help their case? For what reason would you supply W2's from 202 and 2021 when they were asking for the full tax return for 2022??!?! You see, it's irrelevant. When an RFE is issued one should read it very closely, take a separate piece of paper and write down a numbered list of everything they are asking for, and then work on getting exactly that evidence and nothing further. I personally even like including a cover letter that documents what was requested, and what I am sending to meet the evidence for the request. This probably isn't necessary however I like making the connection between request and evidence extremely obvious. 

 

I really suggest you hire a lawyer because I have concerns about you being able to successfully navigate this process. Please don't take that as harsh criticism because I really do wish you all the best on this process. Based on this RFE and Denial though, this might be beyond your ability to navigate. To be successful you really need to read the rules and regulations carefully and provide exactly what is required and respond with exactly what they are asking for. 

 

Edited November 27, 2024 by wazzujoel

[Clink2023 4]

@wazzujoel Thank you for taking the time to review and provide feedback. I’d like to clarify a few points while addressing your concerns.

You are correct that we missed submitting the full tax transcript for the joint sponsor, and we recognize this was an oversight on our part. However, your claim that the RFE did not ask for W-2s is not accurate. The RFE specifically requested evidence of income, which included W-2s as part of the required documentation. While our response to the RFE wasn’t complete, providing the W-2s was an attempt to comply with what was requested, even if additional documents were needed.

That said, your tone comes across as unnecessarily condescending. Navigating the immigration process is complex, and while we welcome constructive feedback, there’s a way to offer it without being dismissive or rude. We’re all here to share experiences and help each other.

We appreciate your perspective and will focus on fully addressing the RFE requirements moving forward. 

[wazzujoel 77]

44 minutes ago, Clink2023 said:

@wazzujoel Thank you for taking the time to review and provide feedback. I’d like to clarify a few points while addressing your concerns.

You are correct that we missed submitting the full tax transcript for the joint sponsor, and we recognize this was an oversight on our part. However, your claim that the RFE did not ask for W-2s is not accurate. The RFE specifically requested evidence of income, which included W-2s as part of the required documentation. While our response to the RFE wasn’t complete, providing the W-2s was an attempt to comply with what was requested, even if additional documents were needed.

That said, your tone comes across as unnecessarily condescending. Navigating the immigration process is complex, and while we welcome constructive feedback, there’s a way to offer it without being dismissive or rude. We’re all here to share experiences and help each other.

We appreciate your perspective and will focus on fully addressing the RFE requirements moving forward. 

 

Apologies that you read my comment as condescending/rude, it certainly wasn't my intent. My intent was to show you what was requested versus what you submitted and why this wasn't sufficient such that if you attempt to continue to do this on your own then you will see your errors and hopefully learn not repeat. My comment intent was to provide insight and thus by providing insight you might learn and then have success in the future. If I wasn't trying to help you, I wouldn't have taken the time to write such a long post. I'm too busy with life, and too old in life to waste my time with non-sense. 

 

The RFE did not ask for W-2's from 2020, 2021. The RFE specifically asked for "The joint sponsors most recent year tax return and all supporting tax documents (W-2's, 1099s, Form 2555, and tax schedules)". So although it was good that you submitted the W-2 for 2022, that was only a small part of what they asked for because you are missing the 2022 1040, 1099's, 2555, and tax schedules (or alternatively the tax transcript). They also did not ask for your 2022 W-2, just your joint sponsors. Do you understand this? My goal of this paragraph is to make sure you understand that you didn't need to supply documents they didn't request - In this situation W-2's from 2020 and 2021. When dealing with USCIS, always respond with the most concise evidence that address the request. Don't over-think it, don't try and swamp them with documentation you think proves the case, but only provide them exactly what they request. If you go the route of submitting a new i-485 then make sure you provide them exactly what they need which you have a good guide since you saw this RFE. reread my last comment and make sure you have concise evidence for the 7 items they asked for. 

 

Sincerely I am wishing the best for you, even though I don't know you.  I have empathy for you because I also went through the K1 process and I understand how mentally exhausting the process can be. Best wishes.

 

Note - I don't have an opinion on if you should refile i-485 or if you might have success with a I-290B. Is it possible to do both? I am not sure if a I-290B would allow the application to be reconsidered with new evidence that was previously not submitted in response to the RFE. If I was you, for this reason alone, I would probably want a quick consult with a lawyer at least. 

Edited November 27, 2024 by wazzujoel

[Marieke H 2,523]

Your response to the RFE clearly was insufficient, so filing an I-290B is pointless as this is not a USCIS error.

 

Just refile the I-485 as soon as possible. And I agree, it would be good to hire professional help to make sure your application is complete this time.