DQ'd for Son & RFE for WIfe grounds for Expedite!?

[RyRyK 0]

Hello All,

 

So we having been going through the CR1/IR1 process to get my wife and son over from Dublin. All documents were submitted to the NVC for my son and wife. However while my sons application received a DQ'd status my wife's application received RFE. (Makes no sense I know as they are the same documents for both but this is the NVC so I'm not surprised)

 

They had incorrectly requested a W2 form from me even though I have never worked in America or lived in America since childhood until returning now.  I was told different actions to remedy the situation but ended up submitting a letter explaining how I cant provide a W2 form as the RFE as instructed.

 

Do you think this is grounds to get my wifes RFE processing expedited? Our son is only 4 and will be scheduled for an interview soon (we think as going through less busy embassy and I am a US Citizen)  they should be processed together as he cant interview by himself.

[Crazy Cat 42,033]

Notify NVC that you want the cases connected and interviewed together.....

[RyRyK 0]

31 minutes ago, RyRyK said:

e think as going through less busy

I wasn't given that option when called previously. Can you do that through the call centre or expedite request? However is there a chance they hold back my son's DQ'd application instead of bring my wife's application forward?

 

I was told I could possibly request an expedite once my son receives an interview and that would hurry my wife's RFE through. However I would like to do it before if possible with affecting that option.

[Crazy Cat 42,033]

1 minute ago, RyRyK said:

However is there a chance they hold back my son's DQ'd application instead of bring my wife's application forward?

They can hold the child's case in DQ status until your spouse's case catches up, yes.   Notify NVC that you want the cases connected and interviewed together.

[mam521 2,126]

8 hours ago, RyRyK said:However is there a chance they hold back my son's DQ'd application instead of bring my wife's application forward?

Yes, they will likely hold your son’s interview back.
 

I had a RFE and my kids did not. Our cases were linked. We interviewed at the same time. 

 

Have you filed income tax despite not living in the US?

[RyRyK 0]

Depsite not living in USA since 1997, US Citizens are still required to file taxes even when living abroad which I didn't know until starting the immigration process. You file your foreign salary /wages in your US Tax Return, so I did that for 2020 and am back filing for 17,18,19 in the streamline procedure which is specifically for US citizens in my position who didnt know.

 

How long did your RFE take mine was submitted on 2nd August and still not heard anything. 

 

 

[mam521 2,126]

3 or 4 weeks if I recall correctly.  Mine was for an "incorrect" police records check.  I suspect you'll probably hear something soon. 

[JeanneAdil 6,606]

yep,  as a USC ,  need to file taxes no matter where in the world u live 

the OP stated in previous post that he filed US tax returns but had no W2 as didn't work in US

 

To OP:  get IRS transcripts to support the petition   /IRS accepts your foreign  monies earned and tax returns with your form 2555,  you won't need the unavailable W2

[RyRyK 0]

1 hour ago, JeanneAdil said:

 

To OP:  get IRS transcripts to support the petition   /IRS accepts your foreign  monies earned and tax returns with your form 2555,  you won't need the unavailable W2

I presented the NVC with my form 1040 and Form 1116 already (I opted for Foreign Tax Credit instead of Exclusion) that's why I am annoyed I got an incorrect RFE through no fault of my own. And asking what can be done to quicken my RFE as I had to submit the letter explaining why they are asking for a document that I cant get. But that puts me to the back of the case review line when we don't deserve to be there.

 

 

[JeanneAdil 6,606]

when sending a 1040 (usually ,  of course,  a W2 attached )  sometimes officer just plain is not familiar with IRS

they like IRS transcripts / i would get one if i were u /  that one is accepted without a W2

[RyRyK 0]

49 minutes ago, JeanneAdil said:

sometimes officer just plain is not familiar with IRS

they like IRS transcripts / i would get one if i were u /  that one is accepted without a W2

My issue is I cant order a transcript because the automated service does not recognize foreign addresses. Therefore I have do it by paper and the backlog is so long I have no idea how long it will take. Its just frustrating when you have done things correctly but the people who are checking your application do not bother to do their jobs.

[nastra30 2,315]

29 minutes ago, RyRyK said:

My issue is I cant order a transcript because the automated service does not recognize foreign addresses. Therefore I have do it by paper and the backlog is so long I have no idea how long it will take. Its just frustrating when you have done things correctly but the people who are checking your application do not bother to do their jobs.

I think you should be able to download your transcripts online by setting up account on irs.gov

[RyRyK 0]

2 hours ago, nastra30 said:

I think you should be able to download your transcripts online by setting up account on irs.gov

No on the IRS website it says under the "address help" section foreign addresses cant be processed online for transcript amongst alot of other services. I have tried to be as detailed as possible in my searches

[RyRyK 0]

UPDATE: I called NVC as soon as they opened, they said I can try expediting so I have for both wife and son citing his learning disability, US school registration & Incorrect RFE request. I will let you know how it goes. I was also told and confirmed what you guys said. Even though my son application is Dq'd they are holding it back from interview waiting for my wife's case to DQwhich will be another few months at least due to backlog and is unfair. Since I have done noting incorrectly or missed any documents.   

 

My wife is ringing the US Consular EMbassy directly to see if they can push it from their side as the Irish embassy is caught up on interviews basically. Fingers crossed