Request for Initial Evidence

[xbritto 25]

I know there is two types of RFE's that get sent out Requests for Further Evidence and Requests for Initial Evidence. My husband received a request for further evidence on the I-485. He has his biometrics Jan 11, then they mailed the RFE request for Initial Evidence on Jan 12. We received it earlier this week and mailed everything off on Wednesday. He had been reading on the USCIS website that..... request for further evidence.... just pauses the 60-90 day timeline... where a request for initial evidence resets the 60-90 day timeline. Is this true? Anyone have any experience with this?

Even though it was only for I-485, will this delay getting EAD/AP? I had an email with an update to our time line that EAD/AP should be adjucated between February 25-29 - is this is safe estimate? Or are we still due to wait a long time now for EAD/AP..

Thanks in advance, we just really need my husband to be able to start working asap

[Jo Së 200]

From a practical standpoint there is no difference between the two, request for initial evidence just means that they are requesting a document or something listed as a required on the initial forms, request for additional evidence means they are requesting something that is not listed but USCIS wants to see. No matter what type of request it is USCIS treats them the same.

RFEs do not reset any timelines, I don't know where you got that from. Once USCIS receives what they asked for they will continue with the case, however, there is no set timelines for the process, some take longer than others.

The different application forms are processed separate and given their own case number, so if there is an RFE for one it most likely will not affect the other, the RFE is specific to the form mentioned on the letter.

[ChasUno 101]

I filed my AOS/ EAD/ AP in early November, got the NOA1's a few days later. Biometrics was scheduled for early December, but due to us being away on our honeymoon during that period, we requested it be rescheduled. While we were away, we got an RFE for initial evidence on November 27th. By the time we got back and had a chance to received the letter and deal with it, the RFE didn't get sent until just before Xmas (USPS confirmed delivery to USCIS on December 26th). The 2nd rescheduled biometrics also clashed with a date we had already booked, so we had that rescheduled again for early January. This third biometrics appointment was completed as scheduled.

My EAD/ AP was approved last week, which was approx. 75 days after filing. The RFE and rescheduled biometrics did not appear to affect the processing of those.

I have heard from many others on VJ that RFE's for initial AOS evidence resets the clock, as basically they cannot start working on a case until all the evidence is present. In other words, the clock only starts ticking once ALL the relevant forms are present. An RFE for further evidence means that they have already started working on the case but have come across something that they require further evidence for and/ or need clarity. When that happens, apparently the clock is paused, and then restarted once the requested evidence is received and they can recommence working on the case.

Thus the AOS time frame for someone filing the initial petition does not start until all the required documentation has been received, and that documentation has been completed correctly. Check the message below from the USCIS regarding a request for initial evidence, in particular the statement "We will not take action on your case until we receive the evidence or the deadline to submit it expires".


Request for Initial Evidence Was Mailed
On November 27, 2015, we mailed a request for initial evidence for your Form I-485, Application to Register Permanent Residence or to Adjust Status, Receipt Number MSC***********. The request for evidence explains what we need from you. We will not take action on your case until we receive the evidence or the deadline to submit it expires. Please follow the instructions in the request for evidence.

Edited January 23, 2016 by ChasUno

[neoblast 138]

From a practical standpoint there is no difference between the two, request for initial evidence just means that they are requesting a document or something listed as a required on the initial forms, request for additional evidence means they are requesting something that is not listed but USCIS wants to see. No matter what type of request it is USCIS treats them the same.

RFEs do not reset any timelines, I don't know where you got that from. Once USCIS receives what they asked for they will continue with the case, however, there is no set timelines for the process, some take longer than others.

The different application forms are processed separate and given their own case number, so if there is an RFE for one it most likely will not affect the other, the RFE is specific to the form mentioned on the letter.

Joe you are actually wrong on both counts. I know it might help to give people good news, but setting the wrong expectation does not help.

Tip Sheet: Employment Authorization Applications Pending More than 75 Days

If your Form I-765, Application for Employment Authorization, has been pending more than 75 days, you may contact the National Customer Service Center (NCSC) at 1-800-375-5283 and ask that an Approaching Regulatory Timeframe “service request” be created. The NCSC will route the service request to the appropriate office for review. Please have your receipt number ready when contacting the NCSC.

To determine whether your case has been pending more than 75 days, you must consider the following:

• If USCIS issues a request for initial evidence, the 90-day regulatory timeframe will start over from the date USCIS receives the initial evidence.
  • For example, if your case is pending 60 days when USCIS issues a request for initial evidence, and you respond 30 days later, the “clock” will be reset to Day 1 on the date USCIS receives the evidence.
• If USCIS issues a request for additional evidence, the clock will stop the day the request is issued and resume from the same point when USCIS receives the additional evidence.
  • For example, if your case is pending 60 days when USCIS issues a request for additional evidence, and you respond 30 days later, your case will be processed with the clock resuming at Day 60 on the date USCIS receives the additional evidence.
• The clock will also stop if USCIS issues a request for initial evidence pertaining to the principal application/petition that serves as the basis for your application for employment authorization.
  • For example, if your eligibility for employment authorization is based on a pending Form I-485, Application to Register Permanent Residence or Adjust Status, and USCIS issues a request for initial evidence pertaining to your Form I-485, the clock for your Form I-765 will stop when USCIS issues the request for evidence and restart when USCIS receives the requested information.
• If you request that your fingerprint appointment be rescheduled, the clock will start over from the date of the request for rescheduling.

Note: “Initial evidence” is defined as any piece of evidence specified by regulation or specifically requested on the form or form instructions. “Additional evidence” is evidence beyond that which is required by the regulations, form, or form instructions, but which may assist in proving eligibility where the initial evidence submitted does not.

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

[hmz 6]

I am not sure if the timeline resets, but definitely puts on hold the whole application process.

[xbritto 25]

I am not sure if the timeline resets, but definitely puts on hold the whole application process.

Meaning it will put EAD/AP on whole as well, even if the request for initial evidence was only for I-485

[ChasUno 101]

Meaning it will put EAD/AP on whole as well, even if the request for initial evidence was only for I-485

My request for initial evidence was sent on November 27th, I didn't get the RFE reply back until December 26th. Yet I still got my EAD/ AP approved in approx 75 days of the initial AOS/ EAD/ AP filing. Yet there are some other people filing AOS around the same time I did, and who got no RFE's, and they are still waiting for their EAD/ AP approvals. In my case it appears that the RFE for AOS initial evidence didn't put my EAD/ AP on hold at all. Maybe I was just lucky?

[E and R 8]

Joe you are actually wrong on both counts. I know it might help to give people good news, but setting the wrong expectation does not help.

Tip Sheet: Employment Authorization Applications Pending More than 75 Days

If your Form I-765, Application for Employment Authorization, has been pending more than 75 days, you may contact the National Customer Service Center (NCSC) at 1-800-375-5283 and ask that an Approaching Regulatory Timeframe “service request” be created. The NCSC will route the service request to the appropriate office for review. Please have your receipt number ready when contacting the NCSC.

To determine whether your case has been pending more than 75 days, you must consider the following:

• If USCIS issues a request for initial evidence, the 90-day regulatory timeframe will start over from the date USCIS receives the initial evidence.
  • For example, if your case is pending 60 days when USCIS issues a request for initial evidence, and you respond 30 days later, the “clock” will be reset to Day 1 on the date USCIS receives the evidence.
• If USCIS issues a request for additional evidence, the clock will stop the day the request is issued and resume from the same point when USCIS receives the additional evidence.
  • For example, if your case is pending 60 days when USCIS issues a request for additional evidence, and you respond 30 days later, your case will be processed with the clock resuming at Day 60 on the date USCIS receives the additional evidence.
• The clock will also stop if USCIS issues a request for initial evidence pertaining to the principal application/petition that serves as the basis for your application for employment authorization.
  • For example, if your eligibility for employment authorization is based on a pending Form I-485, Application to Register Permanent Residence or Adjust Status, and USCIS issues a request for initial evidence pertaining to your Form I-485, the clock for your Form I-765 will stop when USCIS issues the request for evidence and restart when USCIS receives the requested information.
• If you request that your fingerprint appointment be rescheduled, the clock will start over from the date of the request for rescheduling.

Note: “Initial evidence” is defined as any piece of evidence specified by regulation or specifically requested on the form or form instructions. “Additional evidence” is evidence beyond that which is required by the regulations, form, or form instructions, but which may assist in proving eligibility where the initial evidence submitted does not.

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

Thanks Neo for clarifying. There seems to be a widespread misunderstanding on this. I found the same excerpt you posted as well as some other areas that clarify the same. If someone changes their bio or interview it can automatically restart the clock once done but most all other documentation I have read states exactly what is noted in your copy/paste. If you go into an RFE/RFIE request on your form I-485 then your benefit applications will pend. Other than for changing Bio or Appt's I can find anything else that says the clock would restart but this has been shared by several.

[pudgypandas 0]

I'm also confused about this. We got our NOA1 in the beginning of May, and got a RFIE on the 2nd of June, just sent back to them yesterday so they should get it today. (Missed a signature, even though I could have sworn I signed everything?)

Since it's been 30+ days, I'm sitting here trying to figure out if the whole timeline gets restarted, or if it's just on hold and I can still expect the EAD to come between July and August?

[Marcella_mgb 0]

Hello my name is Marcella and i am desperately looking for answers.

My husband and I filed my AOS package (I-30, I-485, I-765) beginning of july and it has been accepted july 22nd. I've received my biometrics appointment approximately one month later and followed up on the appointment. everything seemed fine, until i received a RFE for initial evidence for my form I-485 (affidavit of support) that was mailed out on august 26th. we returned it very quickly september 9th and they received it (according to ups tracking) on september 13th.

Its been over a month now and i havent heard anything, my case status on the uscis website still states that request for initial evidence was mailed eventhough they recieved our response over a month ago. Its been over 90 days now and i havent received my EAD and i understand that if an RFE for initial evidence is mailed it can restart the clock but i also read a couple posts here that went thorugh the same scenario and it didnt reset their clock. I just hope anybody can give me some answers i really cant wait another 3 months for my EAD to arrive. it has already been HELL for me i have a 2 year old son and i cant get my drivers license until my ead come and i can get a social security number etc. I dont know what to do.

[allyrose 31]

Hi everyone,

 

My husband got an RFE last week, they are asking for documents to prove we have a valid marriage and that it wasn't for immigration (as if). One of the suggested documents is sworn affidavits by people with personal knowledge of the validity of the marriage, but we are having a hard time giving guidance to those who are writing them for us. They seem pretty formal (full name, DOB, address, place of birth) but ask how the person knows about the marriage. Some people have said to just gush, but in a sworn affidavit I'm not sure if that's the right direction? Does anyone have any examples or experiences with this? Thanks!