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I wanted to share my recent experience with everyone since I have been doing intense research on this topic for the last few weeks and now that I have an answer from USCIS, I thought I would share and see if other have had similar experiences.

I am a US citizen petitioning for an Adjustment of Status for my husband. Our I-130 was approved in May, so in September we filed his AOS documents concurrently (I-485, I-765, and I-131) We got our NOA on September 30, 2016. On October 21, we got a request for initial evidence. The RFI was for my Affidavit of Support (I-864) USCIS had an issue with the letter my employer wrote. We turned around quickly and sent a response back on October 31, and USCIS resumed processing our case on November 4.

My reaction to this was that it was going to either extend or "restart" the clock on my husbands EAD. We were expecting 90 days from the day of filing, which would have put us at December 21, but in my research, I saw that even on the USCIS website, that an RFI and RFE can affect the EAD processing.

Here's the USCIS link: https://my.uscis.gov/helpcenter/article/how-long-does-uscis-have-to-make-a-decision-on-my-form-i-765-application-for-employment-authorization

I took this exact link to my immigration attorney, who told me that in her experience, an RFI that dealt solely with the I-864 would not affect the processing time of the EAD. I wanted to believe her, but also feared that the clock had restarted the 90 days from the day USCIS started processing our case again.

Today, December 2, 2016, 71 days after our AOS application was received, we got notice that my husband's EAD card is being processed. I wanted to share this information with others who may be in a similar circumstance, not to assume that all cases are alike, but to know that we did have an RFI, and received approval of the EAD within 90 days.


USCIS Process

December 2005 - Met online

August 2015 - Met in person

November 27, 2015 - Married <3

1-8-16: Filed I-130

5-13-16: I-130 Approved

9-20-2016: Mailed AOS Docs (I-485/I-765/I-131)

9-22-2016: AOS Docs received

9-30-2016: NOA

10-21-16: RFI for I-864 (Affidavit of Support)

10-25-16: Biometrics

10-31-16: RFI response mailed

11-4-16: RFI response received

12-2-16: EAD in process

12-8-16: EAD in hand

5-18-17: Interview (238 days from filing)

5-18-17: Approved!

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No, he is adjusting his status from a B2 Visa. I honestly have no idea if the type of Visa you are adjusting from matters for the AOS.


USCIS Process

December 2005 - Met online

August 2015 - Met in person

November 27, 2015 - Married <3

1-8-16: Filed I-130

5-13-16: I-130 Approved

9-20-2016: Mailed AOS Docs (I-485/I-765/I-131)

9-22-2016: AOS Docs received

9-30-2016: NOA

10-21-16: RFI for I-864 (Affidavit of Support)

10-25-16: Biometrics

10-31-16: RFI response mailed

11-4-16: RFI response received

12-2-16: EAD in process

12-8-16: EAD in hand

5-18-17: Interview (238 days from filing)

5-18-17: Approved!

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Did you get an RFI? Are you waiting for EAD now?


USCIS Process

December 2005 - Met online

August 2015 - Met in person

November 27, 2015 - Married <3

1-8-16: Filed I-130

5-13-16: I-130 Approved

9-20-2016: Mailed AOS Docs (I-485/I-765/I-131)

9-22-2016: AOS Docs received

9-30-2016: NOA

10-21-16: RFI for I-864 (Affidavit of Support)

10-25-16: Biometrics

10-31-16: RFI response mailed

11-4-16: RFI response received

12-2-16: EAD in process

12-8-16: EAD in hand

5-18-17: Interview (238 days from filing)

5-18-17: Approved!

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We are just waiting for the marriage certificate in the mail and attempting to gather what proof of a legitimate marriage we have. Newly married, and my spouse doesn't have a SS no, so it's pretty minimal.

Did you use an attorney to submit everything?

That's my other dilemma. Can't decide if it's worth it or not.

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Yeah that is a hard place to be. We decided to use an attorney because we wanted to avoid mistakes. Even then, it's unavoidable, we used an attorney and still had a request for initial evidence, so it's never a 100% guarantee. The only think you can do is be as diligent as you can be in gathering evidence, getting your documentation in order, and trying to stay positive.


USCIS Process

December 2005 - Met online

August 2015 - Met in person

November 27, 2015 - Married <3

1-8-16: Filed I-130

5-13-16: I-130 Approved

9-20-2016: Mailed AOS Docs (I-485/I-765/I-131)

9-22-2016: AOS Docs received

9-30-2016: NOA

10-21-16: RFI for I-864 (Affidavit of Support)

10-25-16: Biometrics

10-31-16: RFI response mailed

11-4-16: RFI response received

12-2-16: EAD in process

12-8-16: EAD in hand

5-18-17: Interview (238 days from filing)

5-18-17: Approved!

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I wanted to share my recent experience with everyone since I have been doing intense research on this topic for the last few weeks and now that I have an answer from USCIS, I thought I would share and see if other have had similar experiences.

I am a US citizen petitioning for an Adjustment of Status for my husband. Our I-130 was approved in May, so in September we filed his AOS documents concurrently (I-485, I-765, and I-131) We got our NOA on September 30, 2016. On October 21, we got a request for initial evidence. The RFI was for my Affidavit of Support (I-864) USCIS had an issue with the letter my employer wrote. We turned around quickly and sent a response back on October 31, and USCIS resumed processing our case on November 4.

My reaction to this was that it was going to either extend or "restart" the clock on my husbands EAD. We were expecting 90 days from the day of filing, which would have put us at December 21, but in my research, I saw that even on the USCIS website, that an RFI and RFE can affect the EAD processing.

Here's the USCIS link: https://my.uscis.gov/helpcenter/article/how-long-does-uscis-have-to-make-a-decision-on-my-form-i-765-application-for-employment-authorization

I took this exact link to my immigration attorney, who told me that in her experience, an RFI that dealt solely with the I-864 would not affect the processing time of the EAD. I wanted to believe her, but also feared that the clock had restarted the 90 days from the day USCIS started processing our case again.

Today, December 2, 2016, 71 days after our AOS application was received, we got notice that my husband's EAD card is being processed. I wanted to share this information with others who may be in a similar circumstance, not to assume that all cases are alike, but to know that we did have an RFI, and received approval of the EAD within 90 days.

Thank you for sharing!

We have almost identical timelines, including the RFIE, response and received dates. I'm hoping to hear something on our cases this week. Although, not sure if the fact we have a "family pack" delays us a little more since our AOS package is for my wife and her two kids (K-1 & K-2) adjustment applicants.

Nonetheless, this gives me hope! :)

Thanks again and good luck on the rest of your journey :thumbs:


Maria ~ U.S. Citizen Petitioner

 

11/28/15: Engaged (L)

K-1 & K-2 Process (Completed in 4 mos. 8 days)

 

1/19/16: I-129F Package recv'd by USCIS via FedEx overnight

1/21/16: NOA1 notice date, routed to CSC (1/28 recv'd hardcopy)

3/18/16: RFE Notification (3/23 recv'd hardcopy)

3/28/16: RFE Response Recv'd notification (3/26 delivered via USPS priority)

4/1/16: NOA2 Approval :dancing: (4/6 recv'd hardcopy)

4/25-4/26/16: NVC received case & assigned no. (5/2 recv'd hardcopy dated 4/29)

4/28/16: Left NVC, "In Transit" to consulate

5/2/16: Consulate Receives via DHL

5/9/16: Fiancée travels to CDJ to clear Case # issue & recv'd hardcopy appt letter

5/13/16: Medical & Biometrics Appt.

5/17/16: Interview Appt. - APPROVED :dance:

5/19/16: CEAC Status changed from "Ready" to "Issued"

5/23/16: Recv'd DHL tracking info via email

5/25/16 @10am: Package ready for pickup at DHL office; @3pm: Fiancée picks up packages - Visas in hand! :thumbs: 

8/5/16: Wedding (L)

AOS/EAD/AP Process, K-1 & K-2 (Completed in 4 mos. 15 days)

 

9/21/16: Package recv'd by USCIS via FedEx overnight [Day 1]

9/29/16: NOA1 notice date, text/email recv'd, routed to NBC, 10/4 case status avail [Day 9]

10/6/16: NOA1 Hardcopies recv'd [Day 16]

10/15/16: Biometrics Notice recv'd, NOA date 10/7, postmark 10/12 [Day 25]

10/19/16: AOS Cases (I-864) RFIE Notification, text recv'd, 10/24 recv'd hardcopy [Day 29]

10/27/16: Biometrics (Scheduled) Appt for AOS/EAD - Success [Day 37]

11/2/16: AOS Cases, RFIE Response Recv'd case status update, 10/28 delivered via FedEx) [Day 43]

12/14/16: EAD Cases, Filed SR w/ Tier 2, approaching regulatory timeframe [Day 85 / 76 w/ 9day RFIE delay]

12/21/16: EAD Cases, Filed 2nd SR w/ Tier 2, 1st SR hadn't even been looked at [Day 92]

12/23/16: AOS Case Status Updates - Interview Scheduled, text recv'd [Day 94] :dancing:

1/5/17: AOS Interview Appt Hardcopies recv'd, notice date 12/21/16 (Based on notice date, I believe 2nd SR prompted action on AOS cases) [Day 107]

1/9/17: EAD Cases Status Updates - New Card in Production, email recv'd [Day 111 / 102 w/ 9day RFIE delay]

1/12/17: EAD Cases Status Updates - Card Was Mailed, no email/txt [Day 114 / 105 w/ 9day RFIE delay]

1/14/17: AP Cases - Approval notice hardcopies recv'd, no email/txt/online update [Day 116 / 107 w/ 9day RFIE delay]

1/17/17: EAD/AP Combo Card recv'd via USPS Priority Mail [Day 119 / 110 w/ 9day RFIE delay]

1/27/17: AOS Interview :star: - APPROVED!! :dance:  [Day 129 / 120 w/ 9day RFIE delay ~ 4 mos.]

1/27/17: AOS Case status update - Approved | 1/31/17: New Card in Production | 2/1/17: Card Was Mailed

2/4/17: Green Cards Arrived :dancing:

ROC Process (Window opens up Oct 2018)

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Thank you for sharing!

We have almost identical timelines, including the RFIE, response and received dates. I'm hoping to hear something on our cases this week. Although, not sure if the fact we have a "family pack" delays us a little more since our AOS package is for my wife and her two kids (K-1 & K-2) adjustment applicants.

Nonetheless, this gives me hope! :)

Thanks again and good luck on the rest of your journey :thumbs:

As of today (12/20/16) my husband has his I-766 card, his US drivers license and is getting a social security card today! Let me know if you have heard anything about your case, I hope that you have gotten good news!


USCIS Process

December 2005 - Met online

August 2015 - Met in person

November 27, 2015 - Married <3

1-8-16: Filed I-130

5-13-16: I-130 Approved

9-20-2016: Mailed AOS Docs (I-485/I-765/I-131)

9-22-2016: AOS Docs received

9-30-2016: NOA

10-21-16: RFI for I-864 (Affidavit of Support)

10-25-16: Biometrics

10-31-16: RFI response mailed

11-4-16: RFI response received

12-2-16: EAD in process

12-8-16: EAD in hand

5-18-17: Interview (238 days from filing)

5-18-17: Approved!

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As of today (12/20/16) my husband has his I-766 card, his US drivers license and is getting a social security card today! Let me know if you have heard anything about your case, I hope that you have gotten good news!

Glad to hear the good news, Congrats!

As of today, nothing yet on our cases. I might try calling in later today and see what kind of info I can get :)


Maria ~ U.S. Citizen Petitioner

 

11/28/15: Engaged (L)

K-1 & K-2 Process (Completed in 4 mos. 8 days)

 

1/19/16: I-129F Package recv'd by USCIS via FedEx overnight

1/21/16: NOA1 notice date, routed to CSC (1/28 recv'd hardcopy)

3/18/16: RFE Notification (3/23 recv'd hardcopy)

3/28/16: RFE Response Recv'd notification (3/26 delivered via USPS priority)

4/1/16: NOA2 Approval :dancing: (4/6 recv'd hardcopy)

4/25-4/26/16: NVC received case & assigned no. (5/2 recv'd hardcopy dated 4/29)

4/28/16: Left NVC, "In Transit" to consulate

5/2/16: Consulate Receives via DHL

5/9/16: Fiancée travels to CDJ to clear Case # issue & recv'd hardcopy appt letter

5/13/16: Medical & Biometrics Appt.

5/17/16: Interview Appt. - APPROVED :dance:

5/19/16: CEAC Status changed from "Ready" to "Issued"

5/23/16: Recv'd DHL tracking info via email

5/25/16 @10am: Package ready for pickup at DHL office; @3pm: Fiancée picks up packages - Visas in hand! :thumbs: 

8/5/16: Wedding (L)

AOS/EAD/AP Process, K-1 & K-2 (Completed in 4 mos. 15 days)

 

9/21/16: Package recv'd by USCIS via FedEx overnight [Day 1]

9/29/16: NOA1 notice date, text/email recv'd, routed to NBC, 10/4 case status avail [Day 9]

10/6/16: NOA1 Hardcopies recv'd [Day 16]

10/15/16: Biometrics Notice recv'd, NOA date 10/7, postmark 10/12 [Day 25]

10/19/16: AOS Cases (I-864) RFIE Notification, text recv'd, 10/24 recv'd hardcopy [Day 29]

10/27/16: Biometrics (Scheduled) Appt for AOS/EAD - Success [Day 37]

11/2/16: AOS Cases, RFIE Response Recv'd case status update, 10/28 delivered via FedEx) [Day 43]

12/14/16: EAD Cases, Filed SR w/ Tier 2, approaching regulatory timeframe [Day 85 / 76 w/ 9day RFIE delay]

12/21/16: EAD Cases, Filed 2nd SR w/ Tier 2, 1st SR hadn't even been looked at [Day 92]

12/23/16: AOS Case Status Updates - Interview Scheduled, text recv'd [Day 94] :dancing:

1/5/17: AOS Interview Appt Hardcopies recv'd, notice date 12/21/16 (Based on notice date, I believe 2nd SR prompted action on AOS cases) [Day 107]

1/9/17: EAD Cases Status Updates - New Card in Production, email recv'd [Day 111 / 102 w/ 9day RFIE delay]

1/12/17: EAD Cases Status Updates - Card Was Mailed, no email/txt [Day 114 / 105 w/ 9day RFIE delay]

1/14/17: AP Cases - Approval notice hardcopies recv'd, no email/txt/online update [Day 116 / 107 w/ 9day RFIE delay]

1/17/17: EAD/AP Combo Card recv'd via USPS Priority Mail [Day 119 / 110 w/ 9day RFIE delay]

1/27/17: AOS Interview :star: - APPROVED!! :dance:  [Day 129 / 120 w/ 9day RFIE delay ~ 4 mos.]

1/27/17: AOS Case status update - Approved | 1/31/17: New Card in Production | 2/1/17: Card Was Mailed

2/4/17: Green Cards Arrived :dancing:

ROC Process (Window opens up Oct 2018)

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It took 104 days for my wife to get her EAD when we get our RFIE (they got our response on 10/12) We were just the unlucky couple at the time I guess as other people in August that filed around me only had to wait about 80 days it seems.

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It took 104 days for my wife to get her EAD when we get our RFIE (they got our response on 10/12) We were just the unlucky couple at the time I guess as other people in August that filed around me only had to wait about 80 days it seems.

Maybe they have a "Mexico" team over there and they take longer hahahaha We seem to be part of this "unlucky" group :rofl:


Maria ~ U.S. Citizen Petitioner

 

11/28/15: Engaged (L)

K-1 & K-2 Process (Completed in 4 mos. 8 days)

 

1/19/16: I-129F Package recv'd by USCIS via FedEx overnight

1/21/16: NOA1 notice date, routed to CSC (1/28 recv'd hardcopy)

3/18/16: RFE Notification (3/23 recv'd hardcopy)

3/28/16: RFE Response Recv'd notification (3/26 delivered via USPS priority)

4/1/16: NOA2 Approval :dancing: (4/6 recv'd hardcopy)

4/25-4/26/16: NVC received case & assigned no. (5/2 recv'd hardcopy dated 4/29)

4/28/16: Left NVC, "In Transit" to consulate

5/2/16: Consulate Receives via DHL

5/9/16: Fiancée travels to CDJ to clear Case # issue & recv'd hardcopy appt letter

5/13/16: Medical & Biometrics Appt.

5/17/16: Interview Appt. - APPROVED :dance:

5/19/16: CEAC Status changed from "Ready" to "Issued"

5/23/16: Recv'd DHL tracking info via email

5/25/16 @10am: Package ready for pickup at DHL office; @3pm: Fiancée picks up packages - Visas in hand! :thumbs: 

8/5/16: Wedding (L)

AOS/EAD/AP Process, K-1 & K-2 (Completed in 4 mos. 15 days)

 

9/21/16: Package recv'd by USCIS via FedEx overnight [Day 1]

9/29/16: NOA1 notice date, text/email recv'd, routed to NBC, 10/4 case status avail [Day 9]

10/6/16: NOA1 Hardcopies recv'd [Day 16]

10/15/16: Biometrics Notice recv'd, NOA date 10/7, postmark 10/12 [Day 25]

10/19/16: AOS Cases (I-864) RFIE Notification, text recv'd, 10/24 recv'd hardcopy [Day 29]

10/27/16: Biometrics (Scheduled) Appt for AOS/EAD - Success [Day 37]

11/2/16: AOS Cases, RFIE Response Recv'd case status update, 10/28 delivered via FedEx) [Day 43]

12/14/16: EAD Cases, Filed SR w/ Tier 2, approaching regulatory timeframe [Day 85 / 76 w/ 9day RFIE delay]

12/21/16: EAD Cases, Filed 2nd SR w/ Tier 2, 1st SR hadn't even been looked at [Day 92]

12/23/16: AOS Case Status Updates - Interview Scheduled, text recv'd [Day 94] :dancing:

1/5/17: AOS Interview Appt Hardcopies recv'd, notice date 12/21/16 (Based on notice date, I believe 2nd SR prompted action on AOS cases) [Day 107]

1/9/17: EAD Cases Status Updates - New Card in Production, email recv'd [Day 111 / 102 w/ 9day RFIE delay]

1/12/17: EAD Cases Status Updates - Card Was Mailed, no email/txt [Day 114 / 105 w/ 9day RFIE delay]

1/14/17: AP Cases - Approval notice hardcopies recv'd, no email/txt/online update [Day 116 / 107 w/ 9day RFIE delay]

1/17/17: EAD/AP Combo Card recv'd via USPS Priority Mail [Day 119 / 110 w/ 9day RFIE delay]

1/27/17: AOS Interview :star: - APPROVED!! :dance:  [Day 129 / 120 w/ 9day RFIE delay ~ 4 mos.]

1/27/17: AOS Case status update - Approved | 1/31/17: New Card in Production | 2/1/17: Card Was Mailed

2/4/17: Green Cards Arrived :dancing:

ROC Process (Window opens up Oct 2018)

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