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Will RFE for I-485/I-765 delay my AP?

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We submitted out AOS/EAD/AP forms on Dec 13th, 2007

We got the NOA on Jan 3, 2008

Biometrics is scheduled for Jan 26th, 2008

We got the RFE for I-485/I-765 on Jan 16th, 2008. USCIS needs the latest(2007) W2 forms . We wont be able to produce this until Feb 2008. The RFE states that processing of I-485 and I-765 will be stopped during this period.

1) Will the I-131 processing also be stopped during this period?

2) I have to travel out of the US by the end of April (not an emergency, but unavoidable). Should I go for an infopass appointment?

Your thoughts will be helpful.

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We submitted out AOS/EAD/AP forms on Dec 13th, 2007

We got the NOA on Jan 3, 2008

Biometrics is scheduled for Jan 26th, 2008

We got the RFE for I-485/I-765 on Jan 16th, 2008. USCIS needs the latest(2007) W2 forms . We wont be able to produce this until Feb 2008. The RFE states that processing of I-485 and I-765 will be stopped during this period.

1) Will the I-131 processing also be stopped during this period?

2) I have to travel out of the US by the end of April (not an emergency, but unavoidable). Should I go for an infopass appointment?

Your thoughts will be helpful.

I am suprised they are asking for W2's for 2007 as employers have until Jan 31st to issue them... are you sure it is asking for the 2007 W2's

Kez

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We submitted out AOS/EAD/AP forms on Dec 13th, 2007

We got the NOA on Jan 3, 2008

Biometrics is scheduled for Jan 26th, 2008

We got the RFE for I-485/I-765 on Jan 16th, 2008. USCIS needs the latest(2007) W2 forms . We wont be able to produce this until Feb 2008. The RFE states that processing of I-485 and I-765 will be stopped during this period.

1) Will the I-131 processing also be stopped during this period?

2) I have to travel out of the US by the end of April (not an emergency, but unavoidable). Should I go for an infopass appointment?

Your thoughts will be helpful.

I am suprised they are asking for W2's for 2007 as employers have until Jan 31st to issue them... are you sure it is asking for the 2007 W2's

Kez

When you say you need to travel before April which is not an emergency but unavoidable how unavoidable is it? I got emergency AP via info pass and was grilled for a good 30 mins and my dad has Parkinsons. Unless you get a really nice info pass attendant your going to have to prove to them that your need to go abroad is valid.


3-17-2004 - Met in London at Kingston University

3-25-2006 - I-129F sent off

3-27-2006 - Recieved at notorious CSC

3-31-2006 - NOA1

5-11-2006 - Amie moves to London to wait until visa approved

6-28-2006 - Received IMBRA RFE

7-12-2006 - Sent off RFE (from London)

7-24-2006 - CSC received RFE

9-01-2006 - NOA2 (5 MONTHS LATER.... LITERALLY 5 MONTHS LATER)

9-14-2006 - NVC received case

9-30-2006 - Packet 3 received

10-4-2006 - Packet 3 sent out

10-17-2006 - Medical appointment

11-3-2006 - Packet 4 received

12-1-2006 - INTERVIEW - approved

12-14-2006 - Amie moves back home

1-1-2007 - Martin moves over

1-16-2007 - SSN received

3-18-2007 - MARRIED!

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We submitted out AOS/EAD/AP forms on Dec 13th, 2007

We got the NOA on Jan 3, 2008

Biometrics is scheduled for Jan 26th, 2008

We got the RFE for I-485/I-765 on Jan 16th, 2008. USCIS needs the latest(2007) W2 forms . We wont be able to produce this until Feb 2008. The RFE states that processing of I-485 and I-765 will be stopped during this period.

1) Will the I-131 processing also be stopped during this period?

2) I have to travel out of the US by the end of April (not an emergency, but unavoidable). Should I go for an infopass appointment?

Your thoughts will be helpful.

Hey,

We got the same RFE and if I am not mistaken they do not ask for the 2007 one. We went to an immigration lawyer for the first time as my husband who lived in Europe his whole life did not have any tax forms for the IRS.

What you have to do is send the 2006 forms. The 2007 forms will not be requested until your interview (if you even have one). And according to the immigration office at infopass a RFE stalls all applications filed at the same time meaning your AP too. So just make sure to send your 2006 tax transcript and W2 asap as everything is stalled at the moment.

Looking at this question I have some other information for those who might be in the same situation as we are and that might help.

1. If you are a US citizen living abroad you have to file IRS tax returns even if you are declaring your taxes abroad. Ok you might know this but we didn't! Also, if you earn under 87000 USD per year (the calculation of the value of your income in USD must be made by you and should reflect the mean exchange rate at the time you recieved your income) is not subject to double taxation IF you are in a country that has a dual-taxation agreement with the US (the countries may be found on the IRS website).

2. If you are asked to submit a W2 but have not worked in the US the IRS form 2555 or form 2555 EZ is what you must send in.

3. If you submit an income sheet in a language other than English you must get this translated. If you are able to translate it yourself you MAY do this as long as you write and sign a letter saying that you are able to translate and attach suitable proof (for example I translated French to English and attached my highschool diploma in English and my University Degree in French as proof).

4. IRS transcripts may be requested by calling the IRS customer service and take about 2 weeks to arrive.

5. A RFE for your affidavit of support stall all other applications filled at the same time AND you lose your right for interim EADs.

6. If you are stuck it's worth investing 50 USD for an immigration lawyer as they really can help!

7. During your interview it is advisable to provide all transcripts of your IRS tax returns for the last 3 years if you have had a RFE on your Affidavit of Support.


K-1 Visa Service Center : California Service Center ; Consulate : Belgium

2007-04-18 = I-129F Sent

2007-05-14 = I-129F NOA1

2007-08-10 = I-129F NOA2

2007-09-17 = Consulate Received

2007-09-18 = Packet 3 Received

2007-09-19 = Packet 3 Sent

2007-09-19 = Packet 4 Received

2007-09-24 = Interview Date

2007-09-24 = Visa Received

2007-09-28 = US Entry

2007-11-10 = Marriage

Processing Estimates/Stats : I-129f was approved in 114 days from your filing date. Interview took 159 days from your I-129F filing date.

Adjustment of Status CIS Office : Las Vegas NV

2007-11-23 = Date Filed at Chicago lockbox (priority date)

2007-11-29 = NOA Date

2007-12-07 = RFE(s) IRS tax forms

2007-12-21 = Biometrics Appt.

2007-12-23 = Met with an immigration lawyer who told us how to prove income without IRS tax forms

2008-01-10 = NOA reciept of RFE at Lee's Summit, case processing resumed

2008-03-24 = Interview Date (cancelled but we will still be going)

Pending : Approval / Denial Date, Got I551 Stamp, Greencard Received

Employment Authorization Document CIS Office : Chicago National Office; Filing Method : Mail; Filing Instance : First

2007-11-23 = Date Filed (priority date)

2007-11-29 = NOA Date

2007-12-21 = Bio. Appt.

2007-12-21 = Touche

2008-02-12 = Card production ordered

2008-02-13 = Touche

2008-02-15 = Approval email

2008-02-19 = Card Received

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