Does RFE for AOS affect Green Card (I-485) application?

[forgetmypen 2]

We sent my wife's AOS/Green Card (I-485) application in early January. She got her biometrics done in mid-Feb and things were moving smoothly until the end of Feb. when I checked the status of her AOS application online and saw that it was suspended due and a request for initial evidence had been sent out.

The GC application however, did not reflect any of this, saying that on Feb. 9 the application was receive and "We will schedule your interview and send you a notice." This is still the case at the time of writing this. Are the two cases handled by different departments? Or will our I-485 case not proceed until the AOS has been cleared up?

I ask because I just checked this morning (3/11) and saw that an RFE has been sent out again, yesterday (3/10). This is without me every receiving the initial RFE! I called USCIS and they just said all I can do is wait on the letter to come. I do not understand why this has been updated as such with 2 weeks, essentially saying the same information. I will of course deal with the RFE when it gets here, but I wanted to know if the I-485 is still being processed, and if so, I wonder how much time it normally takes to get an interview scheduled.

Thank you.

[NancyNguyen 1,657]

First of all, GC application = I-485 aka AOS application.

The GC application however, did not reflect any of this, saying that on Feb. 9 the application was receive and "We will schedule your interview and send you a notice." Did you mean I-130 form? If yes, it is pretty normal because they will schedule interview for I-130 and I-485 same time.

If you checked this morning and it has been sent out again, the initial letter might have been returned to USCIS due to undeliverable or something like that. Request for INITIAL Evidence doesn't only halt every processes but it also starts over your timeline for every applications you sent in (I-765, I-131...) You have to take care the request ASAP so you don't have to waste much time.

http://www.uscis.gov/forms/tip-sheet-employment-authorization-applications-pending-more-75-days

Edited March 11, 2015 by NancyNguyen

[KayDeeCee 4,891]

We sent my wife's AOS/Green Card (I-485) application in early January. She got her biometrics done in mid-Feb and things were moving smoothly until the end of Feb. when I checked the status of her AOS application online and saw that it was suspended due and a request for initial evidence had been sent out.

The GC application however, did not reflect any of this, saying that on Feb. 9 the application was receive and "We will schedule your interview and send you a notice." This is still the case at the time of writing this. Are the two cases handled by different departments? Or will our I-485 case not proceed until the AOS has been cleared up?

I ask because I just checked this morning (3/11) and saw that an RFE has been sent out again, yesterday (3/10). This is without me every receiving the initial RFE! I called USCIS and they just said all I can do is wait on the letter to come. I do not understand why this has been updated as such with 2 weeks, essentially saying the same information. I will of course deal with the RFE when it gets here, but I wanted to know if the I-485 is still being processed, and if so, I wonder how much time it normally takes to get an interview scheduled.

Thank you.

Your timeline states you entered with a K-1. Are you meaning affidavit of support for AOS and not adjustment of status?

If you get an RFE for the I-864, affidavit of support, then yes it will hold up the green card approval. You cannot get a green card without an accepted/approved I-864 for sponsorship.

When adjusting from a K-1, you have about a 50% chance to not get an interview at all.

[mymarley 14]

yes of course...if you dont reply with the rfe...the greencard will be hold... the purpose of applying adjustment of status is for the greencard... give them what they ask even u already sent it on your filing... feed them..

[forgetmypen 2]

Sorry for not being clear.

After arriving on the K-1 we filed two forms. One was I-485 (which at the moment is waiting to be scheduled for an interview). I of course sent in I-864 (though I don't know if there is a problem with it) and all the documents listed in the instructions and Visajourney Guide.

What seems to be on hold is the Employment Authorization I-765. This is a separate receipt number than the I-485. My question is, as the I-765 is optional to begin with, would this delay the I-485 case as well?

I called and talked to a tier-2 person yesterday. She said that since my wife came in through a K-1 it should not be an issue, something small like vaccine or the like (couldn't tell me what on the phone).

What is particularly frustrating is that the RFE was sent twice now and I still have not seen it. Also, in regards to someone posting that an request for initial evidence is particularly bad, this is the message I see at my case status page. Is this the particularly problematic variety?

Request for Initial Evidence Notice Was Mailed

On March 10, 2015, we suspended processing of your case, Receipt Number xxxxxxxxx, because we need more information from you. Your notice explains what we need from you to resume work on your case. We will not take action on your case until we receive the evidence or the deadline to submit it expires.

[KayDeeCee 4,891]

If you are being asked for initial evidence for the I-765, then the processing time for the EAD will reset. If the RFE is for the I-485, then they will both pause, but not reset, just resume processing once you answer the RFE. Info about that is on the link provided above.

An RFE for the EAD should not stop your interview from being scheduled once your local USCIS office gets around to doing that. You can be approved for a green card without ever getting an EAD.