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  • RFE for I-485 affects I-765 application?

    Hi everyone. I hope you can help me shed a light to my situation right now.
    PD- 12/18/2017
    C9 Married to USC
    NBC service center

    Multiple SR's raised and called twice and we also contacted the ombudsman already. So today I received a notfication for an RFE for the I-485 application but my EAD application status is still stuck to "received case on 12/18/2017". How does the RFE for the I-485 affect the processing time for the EAD? Does the waiting time reset? Has anyone had a similar experience?

  • #2
    What was the RFE for? It should not totally reset it but your case is paused till you solve it.

    Comment


    • #3
      cali2018 Thanks for the reply. We haven't received the letter yet, just received an email notification for an RFE without any clue what it might be thus adds up to the anxiety.

      Comment


      • #4
        Originally posted by Archer12 View Post
        cali2018 Thanks for the reply. We haven't received the letter yet, just received an email notification for an RFE without any clue what it might be thus adds up to the anxiety.
        So my wife and I received an RFE (initial evidence) after 140 days of waiting, which we thought was just complete horse sh*t to wait that long to ask us for initial evidence. The request was for an I-130A which our lawyer forgot to send with our forms from the beginning. I know, right?!!

        Anyway, we got the letter within a few days of the update. Got it on a Friday, lawyer sent it out on Monday (express mail w/ tracking no.) and they updated our status as received on a wedneday. The good news is they got it. The bad news is that apparently a request for initial evidence for the 485 can reset your waiting timeline, which is what we're worried about. If it had been "additional evidence," it would mean a pause and resume.

        Make sure you know what type of RFE you receive. We're hopeful that our timeline wasn't affected, but based on what we now understand about RFIEs, we're expecting much longer wait.

        Comment


        • #5
          Originally posted by jab85 View Post
          So my wife and I received an RFE (initial evidence) after 140 days of waiting, which we thought was just complete horse sh*t to wait that long to ask us for initial evidence. The request was for an I-130A which our lawyer forgot to send with our forms from the beginning. I know, right?!!

          Anyway, we got the letter within a few days of the update. Got it on a Friday, lawyer sent it out on Monday (express mail w/ tracking no.) and they updated our status as received on a wedneday. The good news is they got it. The bad news is that apparently a request for initial evidence for the 485 can reset your waiting timeline, which is what we're worried about. If it had been "additional evidence," it would mean a pause and resume.

          Make sure you know what type of RFE you receive. We're hopeful that our timeline wasn't affected, but based on what we now understand about RFIEs, we're expecting much longer wait.
          Seriously?! That's what we're afraid of too. It's for the 2017 tax return. Our PD is 12/18/2017 and since its been awhile before they took notice on the application they requested for the most recent tax return.

          Unfortunately our lawyer will only deal on this matter for an additional cost which is why my spouse and I opted that we do this ourselves. But it worries us and it keeps me awake at night.

          Comment


          • #6
            Rfe

            Originally posted by Archer12 View Post
            Seriously?! That's what we're afraid of too. It's for the 2017 tax return. Our PD is 12/18/2017 and since its been awhile before they took notice on the application they requested for the most recent tax return.

            Unfortunately our lawyer will only deal on this matter for an additional cost which is why my spouse and I opted that we do this ourselves. But it worries us and it keeps me awake at night.
            I don't think that you must pay a lawyer to send a RFE. I received the same request (tax return 2017) sent it myself and two weeks later the status of the I-485 change to ready to be scheduled to interview.

            PD- 11/1/2017
            C9 Married to USC
            NBC service center
            Last edited by Roxilili; 06-27-2018, 07:46 AM.
            C9 Married to USC AOS (I-130,I485,I-765) DC office
            10/27/2017 PD
            11/08/2017 I-797 (3)
            12/07/2017 Biometric Walk in
            05/17/2018 RFE form I-485 (requesting tax returns 2017)
            06/18/2018 I-693 courtesy letter
            06/20/2018 Email "Case is ready to be scheduled for interview"
            07/08/2018 EAD card in production
            07/16/2018 EAD in hand
            07/31/2018 Interview scheduled
            09/06/2018 Interview
            09/11/2018 Letter of approval

            Comment


            • #7
              Originally posted by Roxilili View Post
              I don't think that you must pay a lawyer to send a RFE. I received the same request (tax return 2017) sent it myself and two weeks later the status of the I-485 change to ready to be scheduled to interview.

              PD- 11/1/2017
              C9 Married to USC
              NBC service center
              Roxilili may i know what specific forms you sent?

              Comment


              • #8
                Lord these lawyers are awful. Was your lawyers mistake to start with to not ask about your 2017 taxes. Have you filed 2017 taxes or an extension?

                Comment


                • #9
                  Originally posted by cali2018 View Post
                  Lord these lawyers are awful. Was your lawyers mistake to start with to not ask about your 2017 taxes. Have you filed 2017 taxes or an extension?
                  We filed on December last year so we only had the 2016 taxes at that time. The lawyer did remind us to prepare copies for 2017 tax return in preparation for the interview but in terms of this RFE no advice whatsoever, he just said if were doing it by ourselves and we screw up we will get denied. So that weighs heavily on our shoulders but this forum has given good advices on how to answer the RFE.
                  I know I may be overthinking this but they are only asking for the petitioner/sponsor on I-864 complete federal income tax return. Since we have a joint sponsor we will send my spouse and sponsor's income tax transcript, a copy of 1040s and w2s. I called USCIS helpline to ask the specific documents they need the officer gave the same response "the complete federal income tax return" and I should consult a lawyer or do an inforpass on the specific matter regarding this RFE.

                  Comment


                  • #10
                    Originally posted by Archer12 View Post
                    We filed on December last year so we only had the 2016 taxes at that time. The lawyer did remind us to prepare copies for 2017 tax return in preparation for the interview but in terms of this RFE no advice whatsoever, he just said if were doing it by ourselves and we screw up we will get denied. So that weighs heavily on our shoulders but this forum has given good advices on how to answer the RFE.
                    I know I may be overthinking this but they are only asking for the petitioner/sponsor on I-864 complete federal income tax return. Since we have a joint sponsor we will send my spouse and sponsor's income tax transcript, a copy of 1040s and w2s. I called USCIS helpline to ask the specific documents they need the officer gave the same response "the complete federal income tax return" and I should consult a lawyer or do an inforpass on the specific matter regarding this RFE.
                    Good job. Good luck. Get it done and back to the EAD timeline waiting. You have everything there already that is what we included when we applied. If you make it past the RFE with no denial, think should send your lawyer a message back .

                    Comment


                    • #11
                      Originally posted by Archer12 View Post
                      Roxilili may i know what specific forms you sent?
                      When we submit the initial I-485 we just submit my husbands last 3 years of W2 and last 3 paychecks at that moment.

                      The RFE request was "The petitioner, on form I-864, Affidavit of support, must submit a complete 2017 Federal income tax return submitted to the IRS"

                      We sent all the pages of the join tax return 2017, his W2 2017, copies of the I-485, and a copy of the RFE. I also wrote in the envelope at the bottom the receipt number (just in case)

                      I don't think this the RFE affect nothing because 1 day after they receive the envelope I got an email with "Case is ready to be scheduled for interview". Or they were really efficient this time.

                      ---------

                      C9 Married to USC AOS (I-130,I485,I-765)
                      National Benefits Letter
                      10/27/2017 PD
                      11/08/2017 I-797 (3) arrive
                      11/17/2017 Biometrics letter
                      12/07/2017 Biometric Walk in
                      02/XX/2018 1st online inquiry about I-765 (nothing happen)
                      03/14/2018 2nd inquiry by phone (telling me to wait 15 days to get an answer)
                      03/30/2017 Info pass (telling that the I765 is taking 5 months not 3
                      04/04/2018 email telling that they going to take an action in 60 days (nothing happen after those 60 days)
                      05/17/2018 RFE form I-485 (requesting tax returns 2017)
                      06/18/2018 I-693 courtesy letter
                      06/20/2018 Email "Case is ready to be scheduled for interview"
                      C9 Married to USC AOS (I-130,I485,I-765) DC office
                      10/27/2017 PD
                      11/08/2017 I-797 (3)
                      12/07/2017 Biometric Walk in
                      05/17/2018 RFE form I-485 (requesting tax returns 2017)
                      06/18/2018 I-693 courtesy letter
                      06/20/2018 Email "Case is ready to be scheduled for interview"
                      07/08/2018 EAD card in production
                      07/16/2018 EAD in hand
                      07/31/2018 Interview scheduled
                      09/06/2018 Interview
                      09/11/2018 Letter of approval

                      Comment


                      • #12
                        Originally posted by Roxilili View Post
                        When we submit the initial I-485 we just submit my husbands last 3 years of W2 and last 3 paychecks at that moment.

                        The RFE request was "The petitioner, on form I-864, Affidavit of support, must submit a complete 2017 Federal income tax return submitted to the IRS"

                        We sent all the pages of the join tax return 2017, his W2 2017, copies of the I-485, and a copy of the RFE. I also wrote in the envelope at the bottom the receipt number (just in case)

                        I don't think this the RFE affect nothing because 1 day after they receive the envelope I got an email with "Case is ready to be scheduled for interview". Or they were really efficient this time.

                        ---------

                        C9 Married to USC AOS (I-130,I485,I-765)
                        National Benefits Letter
                        10/27/2017 PD
                        11/08/2017 I-797 (3) arrive
                        11/17/2017 Biometrics letter
                        12/07/2017 Biometric Walk in
                        02/XX/2018 1st online inquiry about I-765 (nothing happen)
                        03/14/2018 2nd inquiry by phone (telling me to wait 15 days to get an answer)
                        03/30/2017 Info pass (telling that the I765 is taking 5 months not 3
                        04/04/2018 email telling that they going to take an action in 60 days (nothing happen after those 60 days)
                        05/17/2018 RFE form I-485 (requesting tax returns 2017)
                        06/18/2018 I-693 courtesy letter
                        06/20/2018 Email "Case is ready to be scheduled for interview"
                        Thank you so much Roxilili! Good luck to us!

                        Comment


                        • #13
                          Originally posted by jab85 View Post
                          So my wife and I received an RFE (initial evidence) after 140 days of waiting, which we thought was just complete horse sh*t to wait that long to ask us for initial evidence. The request was for an I-130A which our lawyer forgot to send with our forms from the beginning. I know, right?!!

                          Anyway, we got the letter within a few days of the update. Got it on a Friday, lawyer sent it out on Monday (express mail w/ tracking no.) and they updated our status as received on a wedneday. The good news is they got it. The bad news is that apparently a request for initial evidence for the 485 can reset your waiting timeline, which is what we're worried about. If it had been "additional evidence," it would mean a pause and resume.

                          Make sure you know what type of RFE you receive. We're hopeful that our timeline wasn't affected, but based on what we now understand about RFIEs, we're expecting much longer wait.
                          OMG same! I got an RFIE after 4 months of filing, they said my husband wasn't making enough money to be my only sponsor cos they only looked at the tax returns from when he was a graduate student and didn't look at all the paystubs I submitted at all...So we asked our mom to be the joint sponsor and I responded the RFE just last week. I hope that doesn't reset the clock, it would suck so much!! Any updates on your case? Did they change it to "ready to be scheduled for interview" or anything?
                          PD - 3/2/2018
                          Biometrics - sometime in April
                          RFIE - 7/3
                          Response to RFE received - 7/16
                          Case ready to be scheduled for interview - 8/14
                          EAD is being produced - 9/4
                          Combo card in hand - 9/11
                          Interview is scheduled - 1/18/2019
                          Interview - 2/26/2019

                          Comment


                          • #14
                            Originally posted by AngelaPhelan View Post
                            OMG same! I got an RFIE after 4 months of filing, they said my husband wasn't making enough money to be my only sponsor cos they only looked at the tax returns from when he was a graduate student and didn't look at all the paystubs I submitted at all...So we asked our mom to be the joint sponsor and I responded the RFE just last week. I hope that doesn't reset the clock, it would suck so much!! Any updates on your case? Did they change it to "ready to be scheduled for interview" or anything?
                            Yes after almost 2 weeks of agonizing wait the status changed to "case ready to be scheduled for interview" 3 days after that my ead status changed to "new card being produced." Good luck to you.

                            Comment

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