I-485/I-130/I-765 - Will RFE for 485 delay 765 processing? should I expedite?

[JNJH2224]

Hello all!
This forum has been extremely helpful during this process. I have a quick scenario to run by you all about my particular case. I applied for adjustment of status (I-485) while on F1-OPT (which expired June 30th, 2017) after myself and my husband (US Citizen) got married. Below is my timeline:

August 7th 2017 - I-130, I-485 and I-765 sent to USCIS (Chicago Lockbox) - overnighted via FedEx.
August 14th 2017 - E-notification of receipt of all applications, checks cashed
August 21st 2017 - Mail receipt received for all applications (PD of Aug 14th 2017)
August 25th 2017 - Biometrics appointment notice received in mail
September 5th 2017 - Biometrics completed
September 9th 2017 - Request for Initial Evidence received in mail (regarding form I-864 as part of I-485)
September 25th 2017 - InfoPass appointment for clarification on RFIE request.... (FYI - it was not that helpful)
October 4th 2017 - RFIE documents sent (Lee Summit, MO) - overnighted via FedEx.


Here are my specific questions:

1) I understand that an RFIE halts all processing on your case until you respond. Because this RFIE was issued in regards to my form I-485, will it also halt/delay/or re-start processing on my form I-765 (EAD)?
- The lady at my InfoPass appointment stated it would NOT. and stated that 765's are processed separately and because the RFIE was not for that form I shouldn't worry about the processing clock re-starting at day 0 (of the 90 day guideline USCIS gives)
- The gentleman at the customer service line I called stated it WOULD. he stated that because it is initial evidence required, the processing clock starts over at day 0 for ALL FORMS CONCURRENTLY FILED, which includes my 485, 130 and 765 forms.

This is obviously conflicting information from different USCIS workers. I cannot find a definite answer online either. What is everyones experience?

2) My online case status for my form I-485 still states that a RFIE was mailed out to me. It has been a week (today is Oct 11th 2017) since my FedEx package was delivered with the evidence. I am wondering if I should be concerned that they did not receive my response?
- The gentleman on the customer service line said that they can take up to 60 days to update the online case status so I should not worry. He seemed to just be reading off of a script though so I don't know if I trust that. Thoughts?

3) If in-fact this RFIE for my 485 delays my 765 (EAD) processing time, do any of you have experience in expediting an EAD? I have had a job offer since August 1st, and they have been pushing my start date back and back as we all wait. I am worried that this delay may cause me to lose this job. I have read threads of people calling the customer service line and requesting this, then receiving a letter asking to fax proof of job offer and bills/expenses etc. with success. I have also read threads where people contacted their local congressman/woman. What are your thoughts on this process?

[sterai79]

Hello all!
This forum has been extremely helpful during this process. I have a quick scenario to run by you all about my particular case. I applied for adjustment of status (I-485) while on F1-OPT (which expired June 30th, 2017) after myself and my husband (US Citizen) got married. Below is my timeline:

August 7th 2017 - I-130, I-485 and I-765 sent to USCIS (Chicago Lockbox) - overnighted via FedEx.
August 14th 2017 - E-notification of receipt of all applications, checks cashed
August 21st 2017 - Mail receipt received for all applications (PD of Aug 14th 2017)
August 25th 2017 - Biometrics appointment notice received in mail
September 5th 2017 - Biometrics completed
September 9th 2017 - Request for Initial Evidence received in mail (regarding form I-864 as part of I-485)
September 25th 2017 - InfoPass appointment for clarification on RFIE request.... (FYI - it was not that helpful)
October 4th 2017 - RFIE documents sent (Lee Summit, MO) - overnighted via FedEx.


Here are my specific questions:



1) I understand that an RFIE halts all processing on your case until you respond. Because this RFIE was issued in regards to my form I-485, will it also halt/delay/or re-start processing on my form I-765 (EAD)?
- The lady at my InfoPass appointment stated it would NOT. and stated that 765's are processed separately and because the RFIE was not for that form I shouldn't worry about the processing clock re-starting at day 0 (of the 90 day guideline USCIS gives)
- The gentleman at the customer service line I called stated it WOULD. he stated that because it is initial evidence required, the processing clock starts over at day 0 for ALL FORMS CONCURRENTLY FILED, which includes my 485, 130 and 765 forms.

This is obviously conflicting information from different USCIS workers. I cannot find a definite answer online either. What is everyones experience?

2) My online case status for my form I-485 still states that a RFIE was mailed out to me. It has been a week (today is Oct 11th 2017) since my FedEx package was delivered with the evidence. I am wondering if I should be concerned that they did not receive my response?
- The gentleman on the customer service line said that they can take up to 60 days to update the online case status so I should not worry. He seemed to just be reading off of a script though so I don't know if I trust that. Thoughts?

3) If in-fact this RFIE for my 485 delays my 765 (EAD) processing time, do any of you have experience in expediting an EAD? I have had a job offer since August 1st, and they have been pushing my start date back and back as we all wait. I am worried that this delay may cause me to lose this job. I have read threads of people calling the customer service line and requesting this, then receiving a letter asking to fax proof of job offer and bills/expenses etc. with success. I have also read threads where people contacted their local congressman/woman. What are your thoughts on this process?

Hello,i jus had an RFIE on 485...that my spouse income is too low...did u get anoda sponsor as a primary sponsor or joint sponsor...and how much income per annum must d ne sponsor earn....PLS I NEED UR ADVICE ON HOW DEALT WIT URS....Tnks

[JNJH2224]

Hello,i jus had an RFIE on 485...that my spouse income is too low...did u get anoda sponsor as a primary sponsor or joint sponsor...and how much income per annum must d ne sponsor earn....PLS I NEED UR ADVICE ON HOW DEALT WIT URS....Tnks

Our RFIE was also do do with my husbands 2016 tax return total income being too low. Although his current income way exceeds the required amount, the would only consider his 2016 tax return total income. We obtained a joint sponsor (your husband still has to be the primary sponsor, both him and your joint sponsor submit a i-864 along with their respective tax documentation and financial documents). We also sent in a written letter explaining his schooling in 2016 for the reason his income was low, and then a ton of proof (contract, pay stubs etc) of his current job. You can find the 125% poverty guide lines on the 2017 I864P document online

[sterai79]

Our RFIE was also do do with my husbands 2016 tax return total income being too low. Although his current income way exceeds the required amount, the would only consider his 2016 tax return total income. We obtained a joint sponsor (your husband still has to be the primary sponsor, both him and your joint sponsor submit a i-864 along with their respective tax documentation and financial documents). We also sent in a written letter explaining his schooling in 2016 for the reason his income was low, and then a ton of proof (contract, pay stubs etc) of his current job. You can find the 125% poverty guide lines on the 2017 I864P document online

so we are filling forms I-864 and I-864a.....I-864a is for the joint sponsor....and I-864 is for my spouse

[JNJH2224]

so we are filling forms I-864 and I-864a.....I-864a is for the joint sponsor....and I-864 is for my spouse

My joint sponsor and my spouse both filled out Form I-864 only. I864a is for a member of your household who you are using their income in addition to your sponsor's income.

- - - Updated - - -

Update to my case incase it helps anyone:

August 7th 2017 - I-130, I-485 and I-765 sent to USCIS (Chicago Lockbox) - overnighted via FedEx.
August 14th 2017 - E-notification of receipt of all applications, checks cashed
August 21st 2017 - Mail receipt received for all applications (PD of Aug 14th 2017)
August 25th 2017 - Biometrics appointment notice received in mail
September 5th 2017 - Biometrics completed
September 9th 2017 - Request for Initial Evidence received in mail (regarding form I-864 as part of I-485)
September 25th 2017 - InfoPass appointment for clarification on RFIE request.... (FYI - it was not that helpful)
October 4th 2017 - RFIE documents sent (Lee Summit, MO) - overnighted via FedEx.
October 6th 2017 - RFIE "received" and under review by USCIS (although this wasn't update online until Oct 18th)
October 18th 2017 - Case ready to be scheduled for an interview (although this wasn't updated online until Oct 20th)


I will be patiently awaiting the interview appointment notice in the mail. Still NO word on my 765 EAD card though.

[NLGC69]

Delay

My lawyer told us that EAD/AP are processed separately and RFE will not delay. We got same info from IO when we made InfoPass appt. Having said that my whole case is moving at snail’s pace so maybe what happens in reality is that it does impact?

[JNJH2224]

My lawyer told us that EAD/AP are processed separately and RFE will not delay. We got same info from IO when we made InfoPass appt. Having said that my whole case is moving at snail’s pace so maybe what happens in reality is that it does impact?

Thanks for sharing your experience! I hope we both see our EADs soon

[JNJH2224]

Just made a service request on my 765 application. Today is 77 days since it was received. I'll post any updates I get incase it helps anyone

[JNJH2224]

Case Update

Here is an update incase it helps anyone:

August 7th 2017 - I-130, I-485 and I-765 sent to USCIS (Chicago Lockbox) - overnighted via FedEx.
August 14th 2017 - E-notification of receipt of all applications, checks cashed
August 21st 2017 - Mail receipt received for all applications (PD of Aug 14th 2017)
August 25th 2017 - Biometrics appointment notice received in mail
September 5th 2017 - Biometrics completed
September 9th 2017 - Request for Initial Evidence received in mail (regarding form I-864 as part of I-485)
October 4th 2017 - RFIE documents sent (Lee Summit, MO) - overnighted via FedEx.
October 6th 2017 - RFIE "received" and under review by USCIS (although this wasn't update online until Oct 18th)
October 18th 2017 - Case ready to be scheduled for an interview (although this wasn't updated online until Oct 20th)
October 23rd 2017 - Put a service request in over the phone for my 765/EAD application (77th day from original PD)
November 1st 2017 - New EAD card in production

[femiwealth76]

filling i-130, i-130a, and i-765 returned

i made my submission late last month but was returned base on the amount i paid, i sent $620 with my forms but returned back to me that the amount is not right, i try to call customer service and i was told it $535 but going by calculation from there website if i want to include biometric to it i will pay $620 which i stated in the money order that biometric inclusive. can anyone tell me the actual amount to pay because i want to send it back

[aquila]

i made my submission late last month but was returned base on the amount i paid, i sent $620 with my forms but returned back to me that the amount is not right, i try to call customer service and i was told it $535 but going by calculation from there website if i want to include biometric to it i will pay $620 which i stated in the money order that biometric inclusive. can anyone tell me the actual amount to pay because i want to send it back

Did you file form I-485 as well? It appears you submitted form I-130, I-130A, and I-765. Form I-765 is a derivative of form I-485 (that is, if you're concurrently filing). Which means you can only file form I-765 (for free) if you filed form I-485 or are concurrently filing with form I-485 or file form I-765 with its filing fee plus biometric fee. The $535 filing fee is for form I-130 only.

[JNJH2224]

i made my submission late last month but was returned base on the amount i paid, i sent $620 with my forms but returned back to me that the amount is not right, i try to call customer service and i was told it $535 but going by calculation from there website if i want to include biometric to it i will pay $620 which i stated in the money order that biometric inclusive. can anyone tell me the actual amount to pay because i want to send it back

Here is the website with the updated filing fees: https://www.uscis.gov/g-1055

The form 130 is $535
Biometrics is $85
If you are filing 765 with just the 130 then the fee for for 765 is $410.
UNLESS you fit into the categories listed on their fee sheet where there is No fee required. OR you concurrently file form 485 with your 130 and 765, only then is there no filing fee for the 765. Please look at the sheet