Nikki D

Yay!!! Congrats! Lots of good news today That's really great!

Thank you! It's all very exciting that it's finally happening! xxx

Holy shitballs I spoke too soon - I literally just got my EAD!!! Card is in production!!!!

Card production finally.

Woot-woot!

Just got a text and an email saying my card has been ordered and let me tell you you all seemed so cool after your card was ordered but I just had a 10 minute panic attack i was crying i couldnt breathe and wait for it.. im a ###### guy that hasn't cried since he was 10 years old !!

Having said that me and my wife were under tremendous pressure for the last 4 months since we came to the US nad knowing that I can now work and I am only waiting for the card was overwhelming.. I thought the day would never come!!

Thanks everyone for being here and posting your updates, I think it helps everyone, and god bless the people who created visajourney.com

God bless you all guys.

Hurrah for you and congratulations!!!

And so, it seems, then there was one...

I am slowly dying inside little by little... Losing the will to go on.. Come on EADDD ((

I'm sending you big cyber hugs and a virtual bowl of ice-cream/bottle of wine - whatever your poison - to let you know I feel your pain.

I485 family based petition like K1 is handled national benefits center since 2012. All our cases here are in NBC. NBC will not transfer your case to the USCIS office unless all requirements are met before you may be scheduled for interview or potential waiver depending on the workload of the USCIS office concern.

But your EAD is separate from I485 regardless your I485 requires an RFE your EAD will be process although requires patience and time but doing the follow up will help expedite your EAD.

I've been through on the process and It worked.

Oh? I was under the impression the first three letters of one's receipt number indicates where one is being processed, and my first three letters are MSC, meaning M(isery)issouri. According to the notice I received regarding my RFE, both EAD and I485 were halted until my RFE was sorted. And now because of the nature of my RFE, I live in fear of receiving a second one.

In the meantime, I've been keeping track of other September filers who received RFEs and it seems the processing time following USCIS's receipt of RFE is about three weeks, so I predict I'll either hear wonderful news or rotten news on Friday.

You may get an INFOPASS appointment and bring all your documents... Our colleague here @asianculture requested for an infopass and 4 days before the appointment her EAD was approved.

There is no harm trying...

I suspect that part of the problem for me is that I'm being processed through the National Benefits Center in Missouri - so very slow! They don't call it Misery for nothing! I live in Pittsburgh, so I wonder if it's a Pittsburgh thing or an RFE thing.

getting exhausted now... no good news for my EAD yet. It's been 74 days now... :-(

I hear ya. For me it's been nearly 90 days. I feel like I'm never gonna get my EA. So deflating. Stupid RFE

Ok here's the update for my second RFE, it's the same reason affidavit of support. I don't know why they didnt include the 1099 of my Husband and it's worth 40k and the 1044 of 100k, but the letter said that he only have 27k on line 22 on his 1040 , well according to the TIER 2 today, just get co sponsor and send it right away so we can get the AED soon, but we continue to argue and said that maybe the one handling the case doesn't know how to look at the tax paper...... But he said no need to argue ( he was not very helpful and pleasant anyway) so I have an appointment to USCIS Ombudsman on Dec 5 ( the latest schedule we can get to follow up the AED) and for the mean time my aunt is willing to be our co sponsor, so once I get all the paper work this weekend I will send it on Monday.

It's just this immigration system is so broken and even the immigration officer that we spoke to can't give us clear answer. So I learned something today " DONT ARGUE!

Man, that sucks to hear, but a second RFE is better than a denial, right?

I feel I'm about to be in the same boat as you, seeing as my first RFE is currently under review due to my hubby not having a US tax return the first time around. I can't escape the fear and anxiety of us not quite being out of the woods just yet. I worry we've done the tax return wrong and we'll be getting a second RFE.

But here's a question for everyone - have any of you received an interview waver letter?

Updated!

To Mod please delete previous post Thank you

Wow Icebryker, you are amazing, clever and informative!

Anyone else getting processed by Missouri? I feel they're taking their sweet time there, too. Patience is wearing thin.

I've never had a drivers licence

Gosh, it sounds like everyone on here is really having a crappy downer of a week. It's totally true what someone posted - that we're all doing everything the legal, correct way and still being treated as inferiors compared to the illegal immigrants who the politicians are pandering to and shunting us for.

I know that feeling only too well, of feeling landlocked because you can't work, can't drive, don't have a car. As soon as we landed in Pittsburgh I bought a bicycle and joined the local gym - it's really helped to get me out of the house and focus on something other than this tiresome, endless process. Also, getting a bike has helped me become better acquainted with my new neighborhood and made me aware of what areas are best avoided if I'm by myself, and allows me to do a small grocery run without having to rely on my new relatives or hubby to drive me.

Another thing that's helped me is having my pet rabbit with me. If I didn't have him as the center of my universe (honestly, he's not only my child but my BFF at this point) then I would have signed up at the animal shelter - and I might still sign up as a volunteer. It's true what they say, that being with animals is proven to be both calming and spirit lifting. A few weeks ago I paid a visit to the shelter and even just being there for half an hour made me feel good. I'd definitely recommend signing up as a volunteer - especially seeing as you don't need EA or a Green Card to hug a kitty or shovel dog !

hi there, how come you already had an ssn number? when you still dont have your EAD? can you share what are the things that you submitted to acquire an ssn? i want to have ssn so i can start applying online.

thank you!

Hello!

You can apply for SS with two forms of government ID, including your passport with your visa in it, and your I-94. I filled out the SS form at home and took my I-94 and ID - plus some additional pieces, like marriage certificate etc, just to be on the safe side - down to my local Social Security and waited in line. I told the lady who served me that I'm a K1 and she played with her computer for a few mins. She then said that while she was unable to verify right then and there if I'd received an SS number or not (I guess I wasn't in the system yet), within four weeks I'd either receive my card in the post or a letter telling me why I was ineligible. Sure enough, about two weeks later I received my card in the post. It's handy because now I've been able to open my own US bank account. So to break it down, you don't need EA to get a social security number, but when you show your SS number to get that job, you must also offer up your EA as proof you're legally allowed to work, as SS alone is not enough.

Also, I suggest that when you go down to the SS office you take a printout of "POM: RM 10211.530 LIST OF DOCUMENTS ESTABLISHING LAWFUL ALIEN STATUS FOR AN SSN CARD" so that if you encounter a public servant who is ignorant or convinced you're ineligible, just show them that list.

Yes I hope you guys won't have to pay anything! Well at least you got the RFE now and you know what it is for! Hopefully your accountant will work fast so you won't have too much delay!

Yes indeed - godspeed, Aussie numbers nerd! And godspeed international postal service! And may we have no nasty surprises re the taxman!

Oh that's good you received it! So what does it say exactly? Is it just about the most recent tax return? Well good thing is that your accountant is working on it so the problem can be fixed

Yeah, the RFE is requesting a tax return for the most recent tax year, then it gives us several pages of frequently asked questions so as to clarify why. I haven't read the RFE paperwork fully yet, due to the fact I had to get into my costume, greet the trick or treaters, then go out into the night and be a Halloween idiot. But according to our Aussie accountant, apparently if you earn below X dollars annually Down Under you're exempt from paying US taxes, so I'm pretty sure we're safe. .

It is never good news to see a RFE on the first day when it shows up because you have to wait forever while thinking what it could be. On the 7th of October I looked at the USCIS website I saw a RFE, I started wondering what it could be possibly be, of course I was thinking of the worst case scenarios. Well 4 days later I received it..it was a RFE for a Birth certificate which did not even cross my mind, worrying doesn't do one good. So weird, they wanted a copy issued by an appropriate civil authority. I finally got a copy issued by the "appropriate civil authority", two affidavits and a legalization copy done by foreign affairs. I sent it today after 21 days, I have promised myself not to look at the website until after Christmas. I have learned to be patient so you can learn too lol. All the best to everyone here, I am happy things are going well for most people, lets all continue praying for one another.

So I received the RSE in last night's post - my hunch was correct and hubby does indeed need to file a US tax return for the most recent financial year. As I said, we have an accountant in Sydney who is on it, but we now have to wait until Sunday evening to phone him - due to the time difference - and communicate the importance of him making it happen ASAP so as to not jeopardise my Green Card. I hate being reliant on other people!

Yes the situation does suck! That's good that your husband made your accountant work on his US tax returns! You will definitely need that if your RFE is for the affidavit/tax return. And since you seem to have enough with assets, then it should be ok

It usually doesn't take too long to get the hardcopy of the RFE. Maybe you'll get it tomorrow! Keep us posted!

Will do, and happy first Halloween to all September filers!

Aw sorry I didn't mean to make you feel bad The affidavit of support has been the worst part for us for the K-1 and for the AOS as well so I understand how you feel. And waiting for the RFE without knowing what it is for is so stressful!

Oh you've not made me feel bad at all - it's the situation that sucks! Just spoke to hubby and apparently he made a preemptive strike and had our Sydney accountant start the process of doing his US tax return some time ago. He's just taking his sweet time! Everything has to go back and forth by snail mail for some reason.

It's funny - looking at the time frame for when others received their RFEs and then the hardcopy version in the post, it seems that was significantly quicker for them too! The service in Pittsburgh sucks, man!

I agree with divikaki. You can't use foreign earned income and Aussie tax returns for the affidavit of support. And it's not because he didn't have any income in the US that he wasn't required to file US taxes. So that is most likely why you're getting a RFE. You can use assets and you need to send bank statements covering the last 12 months (that's what my RFE said about assets part).

My head, it hurts :,-(

I'm pretty sure our bank statements covered the last 12 months, if not more.

As I understand it, foreign earned income is not applicable for meeting I-864 requirements. However, you can use the savings you have from this. Savings is counted at something like 1/5 the value of current income (therefore you'd need something close to 100,000 for a family of two, which I believe you said you have). You just need to show proof of this. Did you include your bank account info with these savings?

Also, just a note, your husband was not exempt from paying US taxes just because his income wasn't from the US. Americans are required to pay taxes on US and foreign-earned income. This could create an issue for you all later with the IRS if you don't sort it.

Hello!

We included his Aussie tax returns really just as a matter of full disclosure, transparency and to show his potential earning capacity, especially as we knew he'd be jobless at the point of filing.

We are a household of two and we included all of his bank accounts, all of my bank accounts, our retirement funds, and a paper trail to show that the monies have existed in our accounts for a significant amount of time.

We attached a written explanation as to why he didn't file a US tax return.

Also, according to the I-864 instructions:

"Do not submit any tax returns that you filed with any foreign government unless you claim that you were not required to file a Federal tax return with the US government and you wish to rely on the foreign return solely to establish the amount of your income that is not subject to tax in the US."

Regarding his exemption from paying US taxes, we were given so much conflicting information regarding this, all from financial professionals. Our previous accountant literally scoffed in my face (he was such a douchebag) when I expressed to him I was under the impression hubby would need to file a US tax return.

At this point I believe that while hubby was living in a foreign country, earning a foreign income, earning zero US income, not using the US system in any way and being classed as an Aussie resident for taxation purposes, while he still may need to file a US tax return, he does not necessarily owe any money to the taxman. Fortunately, we now have an accountant back in Sydney who is an expert is Aussie-US taxes and who is sorting it out for us.

This is what makes our situation so complicated!

Having said all that, I still don't know that the RFE is about this, but I just have a hunch.

Welcome! Sorry for the RFE. I had one too and I know it sucks! Did you guys use a joint sponsor?

G'day! Yes, I saw you got one too as I read this entire thread yesterday while feeling sorry for myself. It made me feel a bit better to feel not so alone.

While I await the hardcopy RFE in the post, I can only guess at what it's in regards to and of course my mind goest straight to what I feel is the worst case scenario, which is something to do with the Affidavit.

We didn't use a joint sponsor because my hubby's last three Aussie tax returns showed his earnings far exceeding the 125% poverty guideline. We included a statement as to why he didn't file US tax returns (due to zero US income earned) and additional pay stubs from his freelance work apart from his Aussie full-time job. While he currently doesn't have US employment, he does have savings that exceed the poverty guideline, as does his retirement fund. Also, we decided to use my monetary assets, which is allowable according to the i-864 instructions:

"You may use the assets of the intending immigrant regardless of wherever he or she resides. The intending immigrant must provide evidence of such assets with this form."

We even included an up-to-date currency conversion to show how Aussie dollars compare to US currency. While Australia is incredibly expensive and the cost of living is high, so are the earnings, which means we were able to save a lot of money in the lead-up to our big move.

It would suck to fritter away our hard-earned savings, but our proof of available funds show that it would be a long time before we'd potentially be a drain on the US system, unless of course disaster or bad luck strikes.

Welcome to the broken immigration system of America...Lols

It's a waiting game

Patience has never been one of my virtues.

Hello all and happy Halloween!

I'm super late to the conversation, but better late than never, right? And what better time than the spookiest day of the year for an angry rant?

Here goes. My USC man and I touched down on US soil on August 19 and married on August 20. I think our story is a little different to a lot of posters on this thread because my fiance/now-hubby has been living in Australia for 11 years, six of those years in a relationship with me. In a sense that really has made this whole K1/AOS process so much easier, but it has also made it rather tricky, seeing as we now have to reestablish him back in America while at the same time getting me through this GC process and integrated into society.

After arriving in his home town Pittsburgh where we are living in an apartment owned by his mom, we filed for AOS and EA on September 9 and I have to say the longer this process takes, well, the longer this process takes!

It feels like we are now crawling at a snail pace - so frustrating, seeing as we have so much to establish us as a bona fide couple. It feels like, compared to a lot of you lucky September filers who are moving at lightening speed, our service center is on permanent vacay and that our postman is constantly out to lunch.

And when it comes to the Affidavit of Support (definitely the biggest headache), seeing as hubby didn't have any US Tax Returns (he's been in Australia since he was a teen and has never earned a US income), we provided his last three Aussie Tax Returns, multiple pay stubs, his hefty retirement fun and more than enough monetary assets between the two of us to exceed $100k.

So yesterday I checked my case status online and was so crestfallen to see that after doing my biometrics three weeks ago, I was issued with an RFE on October 27. Dammit! We've been so good thus far, never retaining the services of a lawyer and never receiving a single RFE before this moment. I can't help but think that, after reading posts from other September filers, it has something to do with the Affidavit, seeing as hubby does not currently have a job.

This waiting game just sucks. I'm almost embarrassed to say i feel so jealous of all the September filers who have been issued with EA and letters about their impending GC interviews. So not fair!

End rant.

Ooh, Bruins! That's bound to cause a little healthy friction at this time of year! I knew nothing of hockey before I met my fiance, but now I wear my Malkin jersey - which is made for a seven-year-old - with pride (yet still a little ignorance. "Where's the crease again?").

And one more thing - GO PENS!