J&F

My husband (K-1 visa/Chile) and I just received a Request for Evidence on our Adjustment of Status. The evidence in question is my W-2s, 1099s and supporting documentation from the most recent tax year (2010). The problem is that I lived and worked in Chile for all of 2010. I also filed taxes in Chile for 2010. When I got back to the US I consulted with the IRS and the USCIS and both said I still needed to file in the US. So, I filed the standard 1040 form along with the 2555EX, which is where I showed my Chilean income on which I paid taxes in Chile. I also sent a letter from my Chilean employer showing proof of my Chilean earnings and a certified English translation of that. My Chilean employer didn't give me pay stubs, so this letter was the "pay stub"/proof. The USCIS said they didn't want my Chilean taxes, even if I had them translated. They said only US taxes are relevant. So, I included all of this paperwork along with my 2009, 2008 and 2007 tax reports (which I got from the IRS office in Chicago).

I don't have a W-2 or 1099 since I didn't have a job in the US in 2010. I called the USCIS number and explained all of this and the guy on the phone said put it down in writing. I explained that it all was in writing in the US tax forms. The 2555EX shows international income. He went on to explain something about how the agent who reviewed our files was probably reading the files and saw that the forms listed on the RFE were missing so he just sent the RFE. I asked him why the agent wouldn't have noticed that I had no W2 or 1099 since all of the income on the forms I just sent showed I only worked in Chile for that year. He said that sometimes the agents just ask for the forms again to see if you can provide them. He said sometimes people submit forms and when they are asked again to submit forms, they can't do it. They don't have the forms. So, I responded, "So basically you are saying that they are testing me to see if I can give them the same forms I already gave them once. This is a test." He said, well yes I guess you could see it that way. Just put it in writing and send the forms again. I said, Sir, if I send these forms again and your agent still wants forms I don't have, am I going to get another RFE? I'm calling you now to find out exactly what I need to provide (since I don't have any of the forms on the RFE). And he said no one could tell me anything more than what was on the RFE and I should put it all in writing and resubmit the forms I have.

So, I'm going to do that. I got his name and I wrote a letter. I'm also going to go to the IRS office again to see if they will give me an official letter saying it's OK that I don't have a W2 or 1099 and copies of my complete 2010 paperwork.

I'm curious to know if anyone else has had a situation like this with an RFE.

I feel like they are just playing with us. It doesn't seem logical to me... Why spouses and fiances aren't granted permission to work and be active, taxpaying members of society while waiting for the green card to come through is so illogical. We're just in limbo and trying to get started in this country and build lives here. Ugh...

Anyway, comments or suggestions for how I should respond to this RFE would be much appreciated!!

Thanks everyone!

And thanks for calming me down Patty!! It really helps having a contact who just went through this process!

We're nervous and excited! All this time Francisco's been nervous about it and finally here we are the day before and I'm the nervous one and he's calming down! Haha!

Wish us luck! Tomorrow I hope we'll be announcing great news!

The problem is that this is not one of those forms you can print out. It has fields and if you click one box other fields pop up. Most of the information is the same as another form that we got sent from the embassy in hard copy, so they'll have it. The main part on this DS 160 that hasn't been on any other form we've done is the work history detail they are asking for. There's no way to print it out. That's why I'm a bit nervous.

Hi everyone!

My fiance has his interview tomorrow in Santiago and we're just going over the forms we need to bring. I completed the online DS-156 form, but there is another form DS-160 on the embassy website and I'm not sure whether we need to do that too. I started filling it out, but the website keeps timing out and I'm not able to finish it. Our interview is tomorrow at 2 pm and I've emailed the embassy, but haven't gotten a reply yet, so I thought I'd post here and find out if any of you did this form or if you know whether there is a pdf of it that we can do by hand and bring a hard copy to the interview.

Thanks for your help!!

Jeanne

hmmm... well I'll ask my fiance again, but he said that the doctor told him he needed all of them. I guess if you don't have the record to prove you got them as a child, you have to get the basic ones again to prove that you have them. Did you have a record from your childhood?

He went to have his doctor appointment and she said that he needed to get 8 vaccinations. He has no record from his childhood of which shots he got. She gave him the prescriptions for the required shots. We are not doing them ourselves. He is going to the clinic.

Thank you! That is very helpful

Hi! My fiance went to get his vaccinations yesterday and they told him that for the Hepatitis B shot, you have a schedule of 3 shots. The second comes one month after the first, and the third is 6 months after the second. For the Hepatitis A shot, you get one shot and 6 months later you need a second. Our interview is June 15th and we were hoping to leave Chile in July. This means we have about 2 months for the vaccinations.

Did anyone else encounter this problem? Will they allow him to enter the US as long as he's started the vaccines and assuming he finishes the other shots in the US?

Thanks!!!

J

Oh that would be great! My email is jgranda81@yahoo.com.

WOW really just 2? That's crazy! There are so many on the list! So, he should just make an appointment with the doctor and THEN do the vaccines? I thought the vaccines had to be done first. It's nice that he can do it all at once! Thanks so much Patty!

@Patty and Paul

No we haven't done the medical yet. We have some friends who did the K1 process last year and they recommended Dr. Grossman because the x-ray facilities are in the same building as she is... and they said she was nice too! Anyway, thanks for letting us know because we'll definitely go with her now! Our friends had already recommended that we ask for duplicate copies of all the files the doctor gives us for this part to use on the AOS.

Also, did you do the vaccinations at the doctor's or at a clinic? We live in Vina and heard there is a place near Plaza Vina that does them. Any suggestions? Also, my fiance doesn't have a sheet with the vaccines he got as a child. Does that mean he'll have to get ALL of the ones that came on the list in the packet from the embassy?

Thanks for your advice!

Just got our packet from the embassy in Santiago! We're so excited! Finally we have something to tell friends and family who are dying to know when we'll be aiming to come home. I feel like we're almost out of limbo!! Very Celebratory

CONGRATS! we r still waiting for our NOA2 and Hopefully by this Month of April or before my fiance come by first week of May. I have question to all of ur. What do u when TOUCH word after the NOA1. This is new to me and I don't have any idea at all. We got our NOA1 last Dec. 03. Thank U and have a nice day to all

Aeon

Aeon,

When I wrote TOUCH it was because I was tracking our case on the CIS website and when the date there changed, it meant someone looked at our file. That's when I put TOUCH. But, unfortunately, the website doesn't tell you WHAT they do to the files or WHY they touched them... it just says they did. Still, after so long with no changes it's nice to see something change!

Good luck! I hope your journey is quick!

CONGRATULATIONS!!!! Us too Feels so great!!

Thanks all for the congrats! It feels so great! We're so so so excited!!!

For those who are still waiting.... keep your chins up! All we've got is hope, right? Crossing our fingers for speedy turnarounds for all!

I just got the email that says our NOA2 is approved!!!

We were 145 days from NOA1 to NOA2!

Now here's hoping for no government shutdown on Friday...

Millions of SMILES!!!!

My Chilean fiance and I are waiting for NOA2 (NOA1 12 Nov 10, Touches! 29 Nov 10 and 3 Mar 11). I'm trying to get things together for our next steps after receiving NOA2 and have some questions about the financial information I need to provide. We're hoping to have NOA2 in April or May, meaning our interview would be well after tax time in the US (and Chile for that matter).

First off, I've been working in Chile since September of 2009, so I'm filing taxes in Chile for 2010. I'm not sure whether I should file in the US for 2010, since I have no income from the US. I have been paying some student loans, and can report my income from Chile (<$11,000 USD), and my mom checked with her accountant who said don't need to file. I probably wouldn't have filed except that for the I-164 Affidavit of Sponsorship I have to provide tax returns for the last 3 years. We're going to need a joint sponsor since I'm making under the US poverty line ($18,212 USD). My dad is going to sponsor us. He is the main source of income for my parents, and though they file taxes jointly, our plan was to just have my dad co-sponsor.

So now for my questions...

1. Can I show my Chilean tax return for 2010 along with my US returns for 2009 and 2008? Or should I file in the US for 2010 and use that?

2. For any of you out there who might also be working abroad and file taxes in the US to report your out of country income - any suggestions? I've looked at Turbo Tax, and if I pay $19.95 for the Basic version (as opposed to Free) I can e-file from Chile. Any suggestions or recommendations would be appreciated!

3. Since my parents file a joint tax return, do they need to submit my mom's information (W-2's, birth certificate, etc.), or is my dad's information enough? (My dad's salary alone meets the requirements, so I'm wondering here about the fact that they file a joint return. Do I have to provide information for my mom or my little brother (who is still their dependent) too?

I appreciate your help and feedback!

************************

Met: 3 Nov 2009

Engaged: 12 Jun 2010

NOA1: 12 Nov 2010

Touch: 29 Nov 2010

Touch: 17 Mar 2011

Ok you have to sign up for a case portfolio, go to USCIS and type in your case number and it will take you to this page. Top left side you will see below----

* Check My Case Status

* Sign-in to My Account

* Sign-up for Case Updates

* Check Processing Times

* Change Of Address Online

* e-Request

* Office Locator

You sign in for case updates and register as an applicant customer. (Register as an applicant customer)

It will tell you to add a user name and password and then you can check up on your case an example is mine here.

Receipt Number E-mail Alert Mobile Alert (Last Updated mm/dd/yyyy) Form Number Form Title

MSC ------- Y Y 12/30/2010 I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

This is an example ok of mine yours will read K1

Hope this helps you out.

Thanks! I had already done that I was just wondering where exactly to look for the touch... I'll just keep checking in there. I activated the email updates option too, so now I suppose all that's left to do is wait!

If you can see it is being handled then that means it has been touched. If it shows a different date from the last time you looked then it has been touched.

Where do you see when your case is "touched" on the USCIS website? I signed up for it too, but all I can see is the "Initial Review" status and there is a standard description of what happens in this process, but nothing specific to OUR case. I can see the trends and that the average is 5 months in the CSC, but I don't know where to find info about my specific case.

Our NOA1 date is Nov 12, so I know we have a while to go...

WOW!! Congratulations! Hope everything else goes quickly and smoothly for you as well!

I really don´t see why it cannot be.

Be patient and have fun preparing the wedding.

Thanks!

Because the USCIS tends to focus on one visa category at a time, depending on their directives, it could also be that there is a backlog building up in 'xyz' petitions, so they've shifted man-hours over there to move those along, with the impact that it's slowed K-1s down. A cruel game of ping-pong if you will.

Thanks... this is really interesting. I had no idea that's how it worked. I suppose it could be possible that our friend's filed at a time when they were focusing on the K1s!

We're luckier than a lot of people - at least we live together and I've got a visa to work in Chile - so we can do the waiting together. I'd been hoping to get home earlier in 2011 than later, but even if our process isn't the speediest we should still make it this year.

NOA2 means a couple has been approved and will move to the interview stage right? So, once NOA2 is received how long is it until the next packet with the info for the interview? Does it depend on the country?

I have friends who just did this same process last year. They sent their K1 application in late August/early September 2009 and had their interview in January 2010. They went to the States and married in June 2010 and just received the Green Card in November. They said the whole process went so smoothly. Our situation (no kids, no divorces, supportive families, filing from Chile, etc) is very similar to theirs. I wonder if this shift from having 2 services centers in CA and VT to one centralized one in TX is causing these delays...

We've been hoping our timeline would follow our friends, meaning we'd be interviewed around April and could head to the States in June (one of my closest friends is getting married at the end of July), but after reading all of your comments it seems like our NOA1 date of Nov 12 means we'll be staying in Chile much longer than expected....

Also, we sent our application to the Texas center, per instructions on the USCIS site, but our NOA2 said our center was California - does anyone know why that would happen?

NOA2 means a couple has been approved and will move to the interview stage right? So, once NOA2 is received how long is it until the next packet with the info for the interview? Does it depend on the country?

I have friends who just did this same process last year. They sent their K1 application in late August/early September 2009 and had their interview in January 2010. They went to the States and married in June 2010 and just received the Green Card in November. They said the whole process went so smoothly. Our situation (no kids, no divorces, supportive families, filing from Chile, etc) is very similar to theirs. I wonder if this shift from having 2 services centers in CA and VT to one centralized one in TX is causing these delays...

We've been hoping our timeline would follow our friends, meaning we'd be interviewed around April and could head to the States in June (one of my closest friends is getting married at the end of July), but after reading all of your comments it seems like our NOA1 date of Nov 12 means we'll be staying in Chile much longer than expected....