RedAndChile

9 hours ago, ManoelSena said:

Uma 

Parabéns pelo processo, amigo.

Estou passando pela mesma situação!

Uma dúvida ao preencher o formulário i-864: Seu endereço de correspondência e seu endereço físico, você colocou o do Chile ou o dos Estados Unidos?

Obrigado.

I will paste what google translate gave me as translation, so everybody can understand:

Question:
"Congratulations on the process, friend. I'm going through the same situation! One question when filling out the i-864 form: Your mailing address and your physical address, did you put Chile or the United States? Thanks"

Answer:

Thank you very much @ManoelSena. So, about the address question, the US citizen (my wife) was living with me in Chile, so her mailing address and physical address were the same, in our Chilean address. She was a resident in Chile since she had lived there for some years, so that makes a difference in the whole process, hence the reason of having to prove US domicile when submitting all the required documentation for NVC process. Wish you success and remember to post in English only so everybody can understand!. Take care.

23 hours ago, Hadeer said:

Yes it did thank you so much.

 I read in your previous post that you got a letter from your sponsers showing full support to you so i wonder if you can share the letter with me so i can send it to the joint sponsor to sign so i can add it to my evidence files hoping that it will help.

Well, I can share with you the structure of the document:

- First, the sponsors state full support, indicating that they will help us out through the start, so we are able to settle.

- Second, they state that they formalized a lease agreement with us to rent us a room in their house (we attached the lease agreement too)

- Last item, they add comments about our professional careers and work history.

That's pretty much it! 

13 hours ago, Hadeer said:

That sounds promising.

But if i may ask, in the letter you received from the consular was it including instructions on how to send your documents?

What gave me more information was the email that I got the same day after the interview, with instructions about using the website to choose the post office to send the documents to the embassy.

In the end, it was the same way you confirm the date of the interview and choose the post office for documents retrieval.

I hope this answer helps!  

On 1/31/2023 at 9:54 PM, Hadeer said:

Congratulations!

 

How long it took between sending the missing documents and receiving the email?

Thank you very much!. This is how it went:

- Jan. 12th we brought the documents to DHL (the official Chilean embassy courier).

- Jan. 13th the documents were delivered by DHL to the embassy.

- Jan. 30th I got an email saying my documents and passport were ready and being sent to DHL (they provided the track number). Then I immediatly checked the CEAC visa status inquiry website and showed the case as "Issued".

So, 17 days. And I remember one day was a holiday in the US, Martin Luther King's birthday I believe.

Case was probably approved the prior week but forgot to check the CEAC visa status website.

Hello everyone. Today we received an email saying our documentation was ready to be retrieved at the courier company. So we checked the CEAC visa status check website and the case is shown as "Issued".

Thanks everyone!  

Hello!

What's the usual time for the answer from the CO after receiving the documents at the embassy? I know it may change from country to country, but it'd be nice to have an idea/estimate. For what I've heard, Chile isn't really a busy embassy.

Also if anyone from Chile can share would be awesome .

Thanks!!

Hi!!

Well, we're thinking of sending everything tomorrow. Sadly, the job offer will not be received at least until next week, since the recruiter is going to interview the USC references next monday. We still have email conversations and applications for two different jobs for the USC. In one of the emails, the recruiter says "Looking forward working with you". I have no idea how they evaluate this part of the evidence, but it's logically something very positive to it. The other job wrote "we would like to continue the hiring process in person once you get back to the U.S., with an observation in the classroom".

Still, we feel like it's okay to send it tomorrow. VERY SCARY tho. . .

I appreciate your time, we'll update as soon as we get an answer from the CO.

Does anybody know how much time they take to check everything in the embassy?

The lease has 1 page, it's really simple and short, indicating all the data of course with some rules. Visajourney doesn't let me share a word document here, but it lets me share a PDF, so I'm gonna attach that here so you can take a look. I got this template in a realtor website.

It's important that everyone involved signs of course!

Hope it helps you out , have a great weekend!

Month-to-Month Rental Agreement - Template.pdf

So the interview went pretty well, she's gonna get a form to file to this job and they're gonna send a job offer next week (that's what she was told, so hopefully they do next week!). We're thinking of waiting the extra week to get the job offer and send it to the CO.

Feeling more relieved. We're gonna attach everything regarding this job, emails, meeting schedule, the form and the job offer with an explanation of the job opportunity.

That's the update for now! thank you everyone, we'll keep you updated

1 hour ago, FPS81 said:

Hi, I assume your wife is using her parent's house as her domicile, that' why she has a lease with them.  So serious question, is that a "bona fide" lease, where your wife actually pay rent to her parents? or is that a "fake" lease, done expressly to submit for immigration purpose?

Hello! The document is a formalization of something we already talked about and agreed a long time ago. Yes, it is bona-fide, we are gonna pay money to cover all of our expenses (common services, food, etc) at the house plus a small help to them in a monthly basis. For what I've heard and seen in other posts, it's very common to sign a lease with your parents when adding evidences of US domicile.

7 minutes ago, top_secret said:

The big move is obviously a much higher priority but it is good to know what options may be on the table.

Oh yeah, definitely will have it present.

25 minutes ago, RedAndChile said:

Another question: would a purchased flight ticket for the USC help?

So, do you think this would be helpful?

omg, I'm gonna check on that but it seems we're gonna have to go through that, we're not planning on staying for long here in Chile. It's so sad to see how much of a difference it would make . . .hahahahaha

8 minutes ago, top_secret said:

If your medical was Nov 2 (or Nov 9??) it would probably be good until May 2 (or May 9).  Double check the expiration date whenever you get the visa. If your 2nd anniversary is April 16, there may be a pretty powerful incentive to delay entering the US until after April 16 to immediately get a 10 year green card and completely avoid the hassle and expense of removal of conditions.

omg, I'm gonna check on that but it seems we're gonna have to go through that, we're not planning on staying for long here in Chile. It's so sad to see how much of a difference it would make . . .hahahahaha

Another question: would a purchased flight ticket for the USC help?

9 minutes ago, Chancy said:

 

No need for Adjustment of Status for CR1.  After you enter the US with a spouse visa, you immediately become a US permanent resident (ie. green card holder) the moment CBP stamps the visa on your passport.  Your stamped visa will serve as your temporary green card for 1 year.

 

Maybe you mean Removal of Conditions (ROC)?  That's for those with 2-year green cards.  Filing for ROC is required within 90-days before the 2nd anniversary of the green card, not the marriage.  You can avoid ROC completely if you first enter the US with your spouse visa AFTER your 2nd wedding anniversary, assuming your spouse visa is not expired by then.  That way, you get a 10-year green card, not a 2-year one.  When was your visa medical completed?

 

You're right! I meant the ROC.

My medical examination was november 2nd, and approved 7 days later. The vaccination document with all the details says "date of expiration: Sept. 30th 2024", but I'm aware that the medical exam is good for 6 months, right?

It'd be nice to enter with the 10 year GC and not have to go through the ROC process, but I believe the medical exam will expire by then. We're gonna have to go through that tho.

Hello everybody! small update before tomorrow (second job interview to finally respond RFE by mail).

The first interviewer sent the mail saying that they were interested in conducting another interview, but this time in person with classroom evaluation (the USC is a teacher.)

We'll attach this email and her job application forms to prove that she's seeking job, with an explanation on every job opportunity in the petitioner's letter. Again we're still worried that they're not actually job offers, but they are showing interest in hiring her.

I've been thinking about something else now: If we get approved with the CR-1 visa in a month, we would be arriving by the end of february 2023. Our second anniversary is april 16th, meaning that we should already apply as soon as we get there for a adjustment of status, since our second anniversary is already very close. Is there any catch with the timing we're having? since I read that adjustment of status is suposed to be sent 90 days leading prior the second anniversary. *EDIT* I just searched it again and it's the 90 days leading the second anniversary.

Another question, when approved after RFE, do we get an email saying so? or do we wait for the DHL notification of documents?.

Well, that's all for now, let's see how it goes tomorrow so we can hopefully send everything very soon.

Thank you very much!

Indeed. . . it's lucrative, I agree.

I understand, but It's just that the CO wrote on the paper that she gave me "Job offer". I guess this email counts and proves that the USC is seeking job, so hopefully she feels satisfied and convinced.

We'll wait for the next job interview (next week's friday) and then we're gonna send what we have. Today's job interview is our strongest "job offer" for now.

Thanks again!!!

On 12/27/2022 at 3:44 PM, iwannaplay54 said:

No we left the US once for 3.5 years and once for 4.5 years and moved back to the US together.  Both times we had to go through getting a new visa and I had to prove intent to domicile and both times we flew out to the US together. So we have done what you guys are doing twice. It’s an old game for us.

Wow that's a lot, and I'm glad you were able to do it!

So, today the petitioner had a job interview, they're sending an email saying that they want to continue and move onto a second interview with her, this time in person. They will include a date of the interview. Does this count as a job offer (meaning: printing this email and showing it as a job offer)? They even said she was overqualified and really wanted to have her, but needed to go through the normal process.

2 hours ago, iwannaplay54 said:

I think you probably have enough.

The tax return issue is easily fixed, all of us have to file returns every year if we make below the minimum threshold but overseas income is then “excluded” up to around 110k and you end up owing no taxes to the US anyway.  More of a correction than anything.

Let us know how it goes.  We advise overseas couples all the time, learn something new almost every case. My wife and I “returned to the US” twice so I know what you folks are going through.

 

Best of luck! 

Thank you for your kind words! we'll definitely update our case in this thread and of course in our profile!. We definitely learned something new with this.

By returning twice means the USC had to travel twice, to establish US domicile and then enter with the beneficiary to the states, right?

8 hours ago, Lil bear said:

1 It looks much stronger evidence, yes. Are you selling property / closing out a lease? Evidence of that would help

too 

2. IO could require your USC spouse actually establish herself in the US, yes , but my sense is that if this was going to be required then it would have been  part of the rfe. However, her returning now and being able to gather further evidence such as state ID or drivers license, cell phone contract , employment letter etc would certainly be the best documentation 

3 many spouses return for the 3-6 months before the beneficiary’s interview for this reason. Some consulates require it 

4 the time limit is as stated in the letter you were given  

5. dont delay.. gather and send assp 

That's great to know. Sadly no, we're at my parents here in Chile so no rental  . If getting a job from here gets hard, the petitioner will have to travel before me. I hope this is not a problem at the port of entry when I, the beneficiary get there. We wish we knew about returning from 3 to 6 months before the interview.

7 hours ago, Rocio0010 said:

Not sure I understand your message, but to me it is completely used because like you said, it does not prove domicile. 

Well, before posting this, I did some research on VJ and found it on a list of documents that could help. You're right, it doesnt prove domicile, but it proves ties with the US, which the CO mixed in the pot while explaining me why she was doing a RFE for our case.

6 hours ago, iwannaplay54 said:

I did this twice from overseas.  You have enough.  She does not have to travel ahead of you but she must at a minimum accompany you.

The standard is “show intent to domicile”.  Had you asked I would have advised step one is transfer your assets (bank account) to the US. 
You have lots of time to get this done.

 

SS number’s on the tax return.  They know she has one.

 

What mistake on the tax return may I know?  Advise if it is filing status?

That's great to hear!, in fact, we're transfering money from her foreign bank acct to her US bank acct.

About the 2020 tax return mistake. . . well, she filed with 0 income (so didn't include her foreign income, even tho it's below IRS standard deduction). There was miscommunication between her mother (she's an accountant) and my spouse. She learnt that she has to be more on top of these things . . Anyway, we're amending it and the CO gave us the RFE already knowing this. I was completely honest about this of course, but also in a weird position.

 Thank you everybody for your input 😁 !!

Hello everybody!, I'm posting this because we're in search of words of wisdom.

I had my interview at the Chilean embassy for the CR-1 visa, and got RFE by the CO asking for more proof of domicile, since my wife (the USC) has been living here for 4 years already. I brought to the interview just a bank statement and quotation for shipping our goods to the US. Now I realize how little we brought, considering the time she's been abroad. 

We had no issue in the whole process until now, NVC DQ'd us without any other observation. Anyway, now we are gathering these items to send by mail here so we can finally end this painful feeling of being rejected:

- Letter from the petitioner, listing all items and speaking about the missing documentation.

- Job offers and job applications from the petitioner.

- Signed agreement for lease at her parents house (they are our joint sponsor+HH member)

- Letter from the sponsors indicating full support and formalizing the lease.

- Voting registration status of the petitioner, the document has her address which we think it could help.

- Copy of the money transfer from her bank in Chile to her US bank account.

- Updated bank statement.

- Official resignation letter to her Chilean job.

- SSN card, which we didn't bring to the embassy.

- Amended tax return for 2020 (there was a mistake which the CO pointed out and got really mad about).

We're gathering the job offers, job applications and the receipt of the money transfer. We already have the rest of the documentation.

Our questions are:

- Do you think this is enough?.

- Does this mean the petitioner might have to travel before me to establish more evidence, if the prior list is not enough? is that travel allowed?

- The interview was december 19th and the CO didn't give any time to send our proof, except a paper saying that if we don't respond in a year our case is closed. What is the time limit we have to send our documents?.

Thank you very much for taking the time for reading this.

Best wishes and Merry Christmas!

Thank you so much @nastra30 and @Chancy !! It's good to know that they'll issue it to the new passport

Hello everybody!

The beneficiary's passport expires by the end of february 2023. NVC already DQ'd the case and according to the statistics of Chile's interview times, we are estimating an interview before this year ends.

The webiste ( https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-10-prepare-for-the-interview/step-11-applicant-interview.html ) says: 
"Passport – For each applicant, an unexpired passport valid for six months beyond the intended date of entry into the United States".

According to this, we decided that it's better to get a new passport, but, is bringing both passports (the old one registered in the visa process and the new one) okay? Has anyone had issues with this?

Thank you all! ❤️ 

Hello everybody,

This is an update of our case, hoping it might be useful for someone in the future:

So, we found out that our joint income was lower than the IRS required level to file a tax for 2021 period, so we decided to explain in a letter this situation, with of course attachments of our Chilean tax returns and showing the currency exchange according to the US treasury rates. Also, we added what the "Interactive Tax Assistant Interview Summary" answered as we input our data, saying that we didn't require to file taxes.

Yesterday all our documents were approved and we got the email saying that we're DQ.

Thank you all for your time and help regarding this topic.

Wishing you the best,

Simón & Elizabeth

2 hours ago, ROK2USA said:

OLT? 

Can you include the full name of the program?

or a link to the website. This is great info for those who have to file with an NRA spouse. 

2 hours ago, blchaddy said:

OLT. Theyll fill in NRA as a filler for it. 

I wonder if you mean this website:

https://www.olt.com/main/home/whatisefile.asp

is it?. I might strongly consider it if it let's us file the way you mention!

23 minutes ago, ROK2USA said:

You do not need to wait for the transcripts. 

Upload a copy of the tax returns and upload a statement saying you do not have W2s because the income is not from the US. 

If you search on the forums you can find a template for no W2s/1099s.

Omg that's great to know!, so the document we upload is the 1040 she sends to the IRS right?

Thank you very much!