Adjustment of status denied!!

#1
Hello everyone! I applied for AOS back in July 2018 after entering US on K1 Visa. We got married within 90 days and I filled for AOS together with EAD and advanced parole. We used a Joint sponsor because we didn’t meet income requirements, my wife is a graduate student so she didn’t have enough income to sponsor me. In December 2018 I got RFE due to the incorrect household size on the form I-864 affidavit of supporting for joint sponsor and request evidence of joint sponsor status even if I had sent a copy of his I-1551form. They gave me an option to obtain another qualifying joint sponsor which I did because the first joint sponsor was not available and I couldn’t wait him in order to meet submission deadline. I responded to the request of evidence using another joint sponsor and submit: - completed signed I-864 affidavit of support - his birth certificate -2015,2016,2017 form W-2s, wage and tax statements Yesterday I got notice of decision in my mailbox stating that after reviewing the evidence ,USCIS has concluded that I am not eligible to adjust status because I failed to submit 2017 federal income tax return for joint sponsor. My form I- 1485 has been denied and I have 30 days remaining before USCIS commence removal proceedings... Kindly share your experiences on my issue. Thanks .
 

SusieQQQ

Well-Known Member
#2
Did you not submit irs tax transcripts? Tax returns? What “tax statements” were submitted?

It appears you may have been caught in the new policy of denying incomplete applications rather than sending RFEs.
 
#3
I failed to submit federal tax return, I wrongly sent w-2s only.
what’s my option , should I file motion to reopen or wait the notice to appear?
I have now all federal tax return..
It is hard these days with the new policy.
 

SusieQQQ

Well-Known Member
#8
I thought in motion to reopen you can present new evidence that’s you didn’t send for one reason on another..
This is part of the reason they tightened the policy, because people keep sending incomplete packages, often to act as a "placeholder". They are trying to incentivize people to only send complete packages rather than having cases drag on forever with continual RFEs. You already had one RFE so luckier than some under the new system...
I'd agree with jbuff that if they are talking about removal proceedings, it's time to get a lawyer.
 

1AurCitizen

Registered Users (C)
#11
This is part of the reason they tightened the policy, because people keep sending incomplete packages, often to act as a "placeholder". They are trying to incentivize people to only send complete packages rather than having cases drag on forever with continual RFEs. You already had one RFE so luckier than some under the new system...
Exactly

Placeholders (and in some cases frivolous attempts) backlog USCIS and add to the ever growing processing times.
 
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