Denied without interview over Tax returns

[calico]

Got a letter today stating my AoS application has been denied.

I applied in Feb 2018, PD Feb 16th. Spouse of USC.
Did Biometrics March 18th

For a long time I didn't hear anything until August when I got RFIE.

They asked for Birth certificates of me and my spouse, our marriage licence, Form I-130A, and a copy of current tax return.

We ended up sending in his W-2 only because the IRS told him the previous year that someone else had already collected on his tax return and once he verified his identity they told him since someone else already collected his he wouldn't be getting anything back.

Since then we'd heard no updates about this tax fraud and so out of caution he didn't file taxes and included this note in our package, as it states that if you don't include your tax return to state a reason why you did not.

All this time almost 10 months I never got any news about EAD/AP either, so I sent in the electronic form to Ombudsman for help, as I've read they can help get your case moving. I inquired about why I had not had a decision on my EAD/AP. I had raised a couple of SR on USCIS website and only got back automated messages, even though the PD for EAD was already around the end of May when I filed back in February and waited 10 months as opposed to the 6 months they projected.

Well, I guess contacting Ombudsman pissed off whoever was working on my case because they sent me a flat out denial for my AoS citing the reason I'm ineligible is due to not having my spouse's tax return from the RFIE.

So now we can try to have them repeal it, which I've heard is useless or hope they give me a NTA and we can try to file his taxes in the mean time and hope someone didn't commit fraud on his SSN again.

Otherwise all we can do is come up with the cash to file a brand new AoS and start over again... this is so frustrating I can't believe it!

Somehow I feel like they should have sent me a RFE stating they must have my spouse's tax return or they cannot continue with my case.

Why a denial? I'm still in shock.

Happy Holidays from USCIS to me.

[RIMB]

Got a letter today stating my AoS application has been denied.

I applied in Feb 2018, PD Feb 16th. Spouse of USC.
Did Biometrics March 18th

For a long time I didn't hear anything until August when I got RFIE.

They asked for Birth certificates of me and my spouse, our marriage licence, Form I-130A, and a copy of current tax return.

We ended up sending in his W-2 only because the IRS told him the previous year that someone else had already collected on his tax return and once he verified his identity they told him since someone else already collected his he wouldn't be getting anything back.

Since then we'd heard no updates about this tax fraud and so out of caution he didn't file taxes and included this note in our package, as it states that if you don't include your tax return to state a reason why you did not.

All this time almost 10 months I never got any news about EAD/AP either, so I sent in the electronic form to Ombudsman for help, as I've read they can help get your case moving. I inquired about why I had not had a decision on my EAD/AP. I had raised a couple of SR on USCIS website and only got back automated messages, even though the PD for EAD was already around the end of May when I filed back in February and waited 10 months as opposed to the 6 months they projected.

Well, I guess contacting Ombudsman pissed off whoever was working on my case because they sent me a flat out denial for my AoS citing the reason I'm ineligible is due to not having my spouse's tax return from the RFIE.

So now we can try to have them repeal it, which I've heard is useless or hope they give me a NTA and we can try to file his taxes in the mean time and hope someone didn't commit fraud on his SSN again.

Otherwise all we can do is come up with the cash to file a brand new AoS and start over again... this is so frustrating I can't believe it!

Somehow I feel like they should have sent me a RFE stating they must have my spouse's tax return or they cannot continue with my case.

Why a denial? I'm still in shock.

Happy Holidays from USCIS to me.

HI,

I am sorry to hear what happened to your case.

Honestly, IRS responses should be submitted (if you have not done it) . If they sent your spouse letters, you should submit a copy to support the reason that your spouse wouldn't be able to submit tax return.

Also, Try to see if his family can be joint sponsors. With their tax return plus your spouse's W2 and IRS communication evidence, it should give your case a better argument.

I would also reach out to lawyer and see if anyone can help with re-submit the package under your situation. Don't commite to anyone until you are comfortable that they can handle it.

Good luck and stay positive.

[k6543]

Got a letter today stating my AoS application has been denied.

I applied in Feb 2018, PD Feb 16th. Spouse of USC.
Did Biometrics March 18th

For a long time I didn't hear anything until August when I got RFIE.

They asked for Birth certificates of me and my spouse, our marriage licence, Form I-130A, and a copy of current tax return.

We ended up sending in his W-2 only because the IRS told him the previous year that someone else had already collected on his tax return and once he verified his identity they told him since someone else already collected his he wouldn't be getting anything back.

Since then we'd heard no updates about this tax fraud and so out of caution he didn't file taxes and included this note in our package, as it states that if you don't include your tax return to state a reason why you did not.

All this time almost 10 months I never got any news about EAD/AP either, so I sent in the electronic form to Ombudsman for help, as I've read they can help get your case moving. I inquired about why I had not had a decision on my EAD/AP. I had raised a couple of SR on USCIS website and only got back automated messages, even though the PD for EAD was already around the end of May when I filed back in February and waited 10 months as opposed to the 6 months they projected.

Well, I guess contacting Ombudsman pissed off whoever was working on my case because they sent me a flat out denial for my AoS citing the reason I'm ineligible is due to not having my spouse's tax return from the RFIE.

So now we can try to have them repeal it, which I've heard is useless or hope they give me a NTA and we can try to file his taxes in the mean time and hope someone didn't commit fraud on his SSN again.

Otherwise all we can do is come up with the cash to file a brand new AoS and start over again... this is so frustrating I can't believe it!

Somehow I feel like they should have sent me a RFE stating they must have my spouse's tax return or they cannot continue with my case.

Why a denial? I'm still in shock.

Happy Holidays from USCIS to me.

Extremely sorry to hear that...
You did not hire a lawyer to at least check the paper work?
You can find a cheap one in Community centers locally who works for Immigration's.
Not an expert, just a suggestion contact the IRS and get a letter from them first stating same, you writing on a note to USCIS on application will not help, neither they have time to call IRS and confirm same.
Best approach is to contact a lawyer, if your marriage is legitimate I think you have nothing to fear about.
eventually you would get it.

[DreamBig13]

You should hire a CPA if you can’t fix the tax issue by yourself. Also, hire a lawyer for your AOS paper work. In the long run, it’s worth to spend the money to make sure everything goes well. Someone stole my SSN five years ago, they got in a car accident and the insurance company was suing me, I had to prove that it wasn’t me. I also set a Fraud Alert on my credit so they wouldn’t ruin my credit or try to buy things under my name. It’s hard for me to apply for credit cards now, but I know the alert is working.

[UScitizenFilingforspouse]

USCIS wants either an IRS transcript with W2s & 1099s OR a complete tax return 1040, W2s & all 1099s. To clarify, your federal tax return is the whole thing that you file. Your TAX REFUND is the money you overpaid through the year. Someone committed identity fraud, pretended to be your spouse and filed a tax return under your spouse's identity AND collected your spouse's TAX REFUND. Then, in that case you work with the IRS to verify your spouse's identity. They drop the other -fraudulent- and they give you the opportunity to file a tax return for that year. Typically, you do it on paper.

To anyone reading this, you have to follow through every process with the IRS and USCIS. You cannot just send them W-2s in place of the required federal tax return. You either fix the tax return situation NOW and file for AOS when you have ALL the required documents to file a complete application. Do not file place-holder applications. USCIS is striving to eliminate place-holder applications.

Dealing with the IRS takes a long time. At this point, you may need to find a joint sponsor and refile everything. Consult an attorney. Do not just go by the non-legal opinions that you get on the forum. There are plenty of pro-bono lawyers that work through community centers that help immigrants.

I hope you take all the steps necessary to make this situation work out for you.

All the best,

USCFFS

[krypton9591]

I agree this is one of the few and I stress FEW times that I would recommend hiring a lawyer to look over everything and an immigration attorney. normally I'd say self file and follow the instructions but since the IRS is involved you'll need all the help you can get.

[WaitedLongEnough]

USCIS wants either an IRS transcript with W2s & 1099s OR a complete tax return 1040, W2s & all 1099s. To clarify, your federal tax return is the whole thing that you file. Your TAX REFUND is the money you overpaid through the year. Someone committed identity fraud, pretended to be your spouse and filed a tax return under your spouse's identity AND collected your spouse's TAX REFUND. Then, in that case you work with the IRS to verify your spouse's identity. They drop the other -fraudulent- and they give you the opportunity to file a tax return for that year. Typically, you do it on paper.

To anyone reading this, you have to follow through every process with the IRS and USCIS. You cannot just send them W-2s in place of the required federal tax return. You either fix the tax return situation NOW and file for AOS when you have ALL the required documents to file a complete application. Do not file place-holder applications. USCIS is striving to eliminate place-holder applications.

Dealing with the IRS takes a long time. At this point, you may need to find a joint sponsor and refile everything. Consult an attorney. Do not just go by the non-legal opinions that you get on the forum. There are plenty of pro-bono lawyers that work through community centers that help immigrants.

I hope you take all the steps necessary to make this situation work out for you.

All the best,

USCFFS

THIS ADVICE !
Read , take every single necessary measures to file all documents diligently. Read over documents , whatever USCIS as you for you must submit and not send whatever you feel like. If there is an issue with IRS. That must be dealt with first.

All the best !

[pika]

register with irs online account and you can see your wife past return transcript, you can download also and figure out ware is tax proble, you can see past five year tax return history online

- - - Updated - - -

this is the fastest way to deal with irs

[UScitizenFilingforspouse]

register with irs online account and you can see your wife past return transcript, you can download also and figure out ware is tax proble, you can see past five year tax return history online

- - - Updated - - -

this is the fastest way to deal with irs

Unfortunately, once you get flagged for possible identity fraud, they IRS will not let you access transcripts or even your IRS account. You have to go in person to your local IRS office and clear it up. They move at glacial pace, too.