This is too much

[rebeccajo 14]

By any chance, have you moved since sending off the RFE evidence?

USPS will not forward any postal mail from DOS/USCIS/ICE - there's always a notice on the front of the envelope 'DO NOT FORWARD'.

I suggest setting up an infopass appointment (today) for sometime in the upcoming week.

Ask them where the casefile is (at the appointment ) . You may not get an answer, though.

I sent the package for AOS months ago, then they sent me the RFE 3 or 4 months later, and now I'm working on sending the evidence they requested. I haven't sent it yet!...

Make an infopass appointment. Find out, if possible, why you have not received the EAD. I believe it specifically states that if you have NOT received your EAD within 75 days of filing to contact USCIS. I say an infopass appt because the ppl at the phone liine are just contractors who follow a script and they know nothing of the immigration process.

While I understand your frustration, my husband felt the same way, coming to the US, living in the US, working in the US is not a right of every human being. Everyone has to wait their turn in line, we waited nine months to receive an RFE that his medical was expired, which it was after the nine month wait. Were we happy we had to pay for another medical because USCIS took nine months to process his AOS? No. Could we do anything about it? NO.

I suggest the infopass appointment and submitting the response to the RFE as soon as possible, you state you have been working on it for a period of time, you might want to look at the date to see when you must respond by. Failure to respond by the given date is an automatic denial of AOS.

What is an EAD?...

If the stress is too much - and it sounds like it is. You could return home, work there, and apply for a K-3 or CR-1. Better than being homeless.

Maybe a short term loan from your mother-in-law is in order???

It is not a human right to be able to legally work in the US. And it sounds like your spouse was not prepared to support you --- which is her responsibility until you have the EAD.

I'm not homeless. I'm just worried about my life and money, contrary to the people who probably have less money than me, but have an iPhone and drive a new Lexus. I don't consider being in debt acceptable, like apparently most people in America.

Yeah, it's also "not a human right" to get basic healthcare in America either. But it should.

I'm not saying EVERYONE should be able to legally work. It should be a human right for ME, because I'm supporting an American citizen - I'm her HUSBAND.

So in this country, marriage is too "sacred" to allow gays to get married, but suddenly it's not sacred enough to stop them from screwing up an American citizen's life, just because they married someone who's not a citizen?

Don't talk to me like you're better than me, or like I'm demanding too much. All I'm asking is to be treated with the minimum respect and dignity that I deserve as a human being. Apparently, that's asking too much to the US immigration.

It's HER responsibility to support ME? I don't know what laws you've been reading and I don't care. The irony of all this is that you're probably even more broke than me... And you're making judgments about who I married with, or who should be supporting me? How dare you! You need a lot of nerve

I love this forum and most people here are amazing, but once in a while I see a douche bag who thinks just because they already went through it, they have now the right to consider themselves anti-immigration, law-abiding Americans.

Cut the ####### You're not better than me.

Gordon -

It's the responsibility of the US citizen to provide for the support of the alien. That's what some of the paperwork in your adjustment packet (the I864) is for. USCIS doesn't care if the sponsor is the delicate female half of the couple.

[Kathryn41 3,205]

Don't talk to me like you're better than me, or like I'm demanding too much. All I'm asking is to be treated with the minimum respect and dignity that I deserve as a human being. Apparently, that's asking too much to the US immigration.

It's HER responsibility to support ME? I don't know what laws you've been reading and I don't care. The irony of all this is that you're probably even more broke than me... And you're making judgments about who I married with, or who should be supporting me? How dare you! You need a lot of nerve

I love this forum and most people here are amazing, but once in a while I see a douche bag who thinks just because they already went through it, they have now the right to consider themselves anti-immigration, law-abiding Americans.

Cut the ####### You're not better than me.

Your comments above are inappropriate. It is a violation of the Terms of Service for Visa Journey to insult or call members names. Please do not repeat this behaviour even if you do feel frustrated. Continuation of this behaviour will result in a temporary suspension of your account.

The poster in question is referring to the Affidavit of Support. According to US immigration law it IS your wife's responsibility to support you so that you do not become a public charge - that is the nature of her contract with USCIS. It is in effect until you become a US citizen, you earn 40 quarters of employment (10 years), you give up your green card, or one of you dies. It is not a matter of judgment, it is a matter of law. While your background aligns with the husband supporting the wife, USCIS views it as the US citizen guaranteeing that their non-US spouse will not take advantage of means-tested benefits until they have invested a suitable contribution to the tax base. It is not gender specific but the responsibility of the US citizen spouse - your wife- to guarantee your financial independence until the terms of the Affidavit of Support are satisfied.

Edited October 18, 2009 by Kathryn41

[JERIII 8]

I sent the package for AOS months ago, then they sent me the RFE 3 or 4 months later, and now I'm working on sending the evidence they requested. I haven't sent it yet!...

What is an EAD?...

Original Poster - you did file a I-765, didn't you?

[belinda63 2,981]

Might have discovered the problem

[rsn 135]

I sent the package for AOS months ago, then they sent me the RFE 3 or 4 months later, and now I'm working on sending the evidence they requested. I haven't sent it yet!...

What is an EAD?...

Original Poster - you did file a I-765, didn't you?

After reading this and the other thread, I'm also starting to suspect that you didn't file for the EAD as well. Hopefully I am incorrect, but if not you will have to sit tight and hold off on looking for a job until you get your GC.

[GordonFreeman 0]

Yes, of course I filed the I-765. I actually followed the instructions for AOS in THIS forum.

And I'm stuck with an RFE now, after 4+ months of processing. THAT's why I'm angry.

[Kittyfang 6]

I may have missed it, but what did the RFE required?

[GordonFreeman 0]

You also mentioned that you can't travel. Did you include an I-131 form with your AOS? That is for a travel permit that allows you to leave the US and return while you are waiting for the green card. It is called 'Advance Parole" and also takes about 90 days to process.

These documents are used to allow the applicant to work and travel while waiting for a green card since AOS can sometimes take a while - for instance, mine took 22 months to be approved without an RFE. Hopefully, once they receive the information requested in the RFE they will approve your green card quickly and the EAD and AP will become unnecessary.

Are you kidding? If it takes even more than 7 months to process an EAD, why would I want to include a travel permit request? To make them take 20 months?

I sent only the AOS package, with just an I-765, so they would process it faster. I got the RFE and after 7 months I still can't work. 90 days? Yeah right, 90 days........

Edited October 19, 2009 by GordonFreeman

[GordonFreeman 0]

I may have missed it, but what did the RFE required?

1- A new sponsor (joint sponsor), because apparently for some weird reason we didn't pass the poverty guidelines with just me and my wife. The joint sponsor is at this moment taking care of all the paperwork needed.

2- My birth certificate, translated (even thought I sent an European, multilanguage certificate, they apparently were incompetent enough to miss that, so I'm sending a copy of the same certificate, with yellow marker on the ENGLISH field translations);

[rsn 135]

You also mentioned that you can't travel. Did you include an I-131 form with your AOS? That is for a travel permit that allows you to leave the US and return while you are waiting for the green card. It is called 'Advance Parole" and also takes about 90 days to process.

These documents are used to allow the applicant to work and travel while waiting for a green card since AOS can sometimes take a while - for instance, mine took 22 months to be approved without an RFE. Hopefully, once they receive the information requested in the RFE they will approve your green card quickly and the EAD and AP will become unnecessary.

Are you kidding? If it takes 7 months to process an EAD, why would I want to include a travel permit request? To make them take 20 months?

I sent only the AOS package, with just an I-765, so they would process it faster. I got the RFE and after 7 months I still can't work. 90 days? Yeah right, 90 days........

You are mistakenly assuming that filing for more than just the I-485 means that the whole process is slowed. Your case is an exception, not the rule.

[Kittyfang 6]

I may have missed it, but what did the RFE required?

1- A new sponsor (joint sponsor), because apparently for some weird reason we didn't pass the poverty guidelines with just me and my wife. The joint sponsor is at this moment taking care of all the paperwork needed.

The requirements are 125% over the poverty limit. So, if your spouse doesn't meet requirements, you do have to get a co-sponsor...

2- My birth certificate, translated (even thought I sent an European, multilanguage certificate, they apparently were incompetent enough to miss that, so I'm sending a copy of the same certificate, with yellow marker on the ENGLISH field translations);

I would provide them a translated version of the birth certificate. Not to sound rude, but they dont really have time to go trough a document and figure out what is in English and what isn't. Providing them with a translation is, at the very least, a courtesy.

[Kittyfang 6]

You also mentioned that you can't travel. Did you include an I-131 form with your AOS? That is for a travel permit that allows you to leave the US and return while you are waiting for the green card. It is called 'Advance Parole" and also takes about 90 days to process.

These documents are used to allow the applicant to work and travel while waiting for a green card since AOS can sometimes take a while - for instance, mine took 22 months to be approved without an RFE. Hopefully, once they receive the information requested in the RFE they will approve your green card quickly and the EAD and AP will become unnecessary.

Are you kidding? If it takes 7 months to process an EAD, why would I want to include a travel permit request? To make them take 20 months?

I sent only the AOS package, with just an I-765, so they would process it faster. I got the RFE and after 7 months I still can't work. 90 days? Yeah right, 90 days........

You are mistakenly assuming that filing for more than just the I-485 means that the whole process is slowed. Your case is an exception, not the rule.

Indeed, I doubt an AoS takes more time because of that.

[GordonFreeman 0]

You also mentioned that you can't travel. Did you include an I-131 form with your AOS? That is for a travel permit that allows you to leave the US and return while you are waiting for the green card. It is called 'Advance Parole" and also takes about 90 days to process.

These documents are used to allow the applicant to work and travel while waiting for a green card since AOS can sometimes take a while - for instance, mine took 22 months to be approved without an RFE. Hopefully, once they receive the information requested in the RFE they will approve your green card quickly and the EAD and AP will become unnecessary.

Are you kidding? If it takes 7 months to process an EAD, why would I want to include a travel permit request? To make them take 20 months?

I sent only the AOS package, with just an I-765, so they would process it faster. I got the RFE and after 7 months I still can't work. 90 days? Yeah right, 90 days........

You are mistakenly assuming that filing for more than just the I-485 means that the whole process is slowed. Your case is an exception, not the rule.

Apparently I have been getting a lot of "unlucky exceptions" then!

You filed for AOS THIS MONTH, AND YOU ALREADY HAVE AN EMPLOYMENT CARD???!??!?!?

I'VE BEEN WAITING FOR MONTHS FOR THAT!!! HOW DID YOU GET IT?!?!?!

What am I gonna do this??? they screwed up my application! Someone must have lost most of the package documents!!! Are we working with apes at the USCIS??? Is it because I sent it all in the same envelope, separating each form with plastic covers? Should I have sent things in different envelopes??

[Kittyfang 6]

You also mentioned that you can't travel. Did you include an I-131 form with your AOS? That is for a travel permit that allows you to leave the US and return while you are waiting for the green card. It is called 'Advance Parole" and also takes about 90 days to process.

These documents are used to allow the applicant to work and travel while waiting for a green card since AOS can sometimes take a while - for instance, mine took 22 months to be approved without an RFE. Hopefully, once they receive the information requested in the RFE they will approve your green card quickly and the EAD and AP will become unnecessary.

Are you kidding? If it takes 7 months to process an EAD, why would I want to include a travel permit request? To make them take 20 months?

I sent only the AOS package, with just an I-765, so they would process it faster. I got the RFE and after 7 months I still can't work. 90 days? Yeah right, 90 days........

You are mistakenly assuming that filing for more than just the I-485 means that the whole process is slowed. Your case is an exception, not the rule.

Apparently I have been getting a lot of "unlucky exceptions" then!

You filed for AOS THIS MONTH, AND YOU ALREADY HAVE AN EMPLOYMENT CARD???!??!?!?

I'VE BEEN WAITING FOR MONTHS FOR THAT!!! HOW DID YOU GET IT?!?!?!

What am I gonna do this??? they screwed up my application! Someone must have lost most of the package documents!!! Are we working with apes at the USCIS??? Is it because I sent it all in the same envelope, separating each form with plastic covers? Should I have sent things in different envelopes??

I've heard that some people get held up at the name check.

Also, if I may, a short story. I remember working as a CSR. We'd get people calling about their insurance. Many where distraught, and a few were downright rude. Whenever they were on the phone, or just faxing us documents, you could see who were the rude ones (we receive a lot of verbal and written "here's the freaking papers you asked for, now get it done... or are you just incompetent at your job?!" Now, I'm not going to go down in details, but many CSRs took their time on cases like these... But, honestly, these cases took the longest because the person submitting whatever we needed was usually "deciding" what it is we needed or how we should proceed, even after telling them how the system works.

Edited October 19, 2009 by Kittyfang

[rsn 135]

You filed for AOS THIS MONTH, AND YOU ALREADY HAVE AN EMPLOYMENT CARD???!??!?!?

Are you talking about me? I assume you are since your reply quoted my post. I filed for AOS on August 8 and the EAD was received on October 8 (2 months).

I'VE BEEN WAITING FOR MONTHS FOR THAT!!! HOW DID YOU GET IT?!?!?!

Most people have had the same "luck" as me, according to the timelines on here as of late. Like I said, your case is an exception.

What am I gonna do this??? they screwed up my application! Someone must have lost most of the package documents!!! Are we working with apes at the USCIS??? Is it because I sent it all in the same envelope, separating each form with plastic covers? Should I have sent things in different envelopes??

First, you need to take a breath, seriously. I know it sucks, but going crazy and pointing fingers won't solve anything. I should know because I've done my share of both in the past. We sent all of our stuff in one envelope as well. You should respond to your RFE ASAP. Once your RFE reply is received, processing of your case should resume.

Edited October 19, 2009 by rsn