RFE Received, now what?

[bcrose24 0]

Hey all,

Hoping someone has some experience with what I'm going through on this. I filed I-131, I-485, and I-765 all in May, and they were received June 3. I had my biometrics done already, but right afterward they requested more evidence on both the I-765 and I-485 for my husband's tax returns and proof of income. All has been sent in completion (crossing my fingers it's all they will need!) and the case was updated effective August 3 as them having received and are re-reviewing the information now.

The issue is I really need to travel outside the country this coming weekend, so I called to check with USCIS about my pending I-131 (the case STILL doesn't show up online although the i-485 does) and they told me it will be AT LEAST another 2 months until they even LOOK at this again. Are they for real? I'm so frustrated over this - every time I call USCIS I get a different answer. A couple of weeks ago when I called them the lady told me that as soon as they get the evidence they will start looking again. Anyone have any ideas on here? How long should this really take? Much thanks for your comments!

[Inky 1,110]

Make an infopass appointment. Then bring all your proof of your urgent travel needs and hope they give you advanced parole stamp in your passport so you can leave. If not then you just have to wait.

https://infopass.uscis.gov/info_lang.php?sel_lang=en

[bcrose24 0]

Make an infopass appointment. Then bring all your proof of your urgent travel needs and hope they give you advanced parole stamp in your passport so you can leave. If not then you just have to wait.

https://infopass.uscis.gov/info_lang.php?sel_lang=en

Thanks so much - I wasn't sure if they were applicable to me before based on the options for making an appointment but I've chosen one close enough to the reason for me. Hopefully this will work for me!

[Inky 1,110]

Thanks so much - I wasn't sure if they were applicable to me before based on the options for making an appointment but I've chosen one close enough to the reason for me. Hopefully this will work for me!

Ya just choose the closest one to what you need then bring your things in with you when you go.

[Harpa Timsah 13,258]

The time your RFE was pending your whole application was on hold (about 2 months it looks like). The only chance now is for emergency AP through Infopass, as suggested.

[bcrose24 0]

The time your RFE was pending your whole application was on hold (about 2 months it looks like). The only chance now is for emergency AP through Infopass, as suggested.

It wasn't on hold for 2 months which is why this is so hugely frustrating. They started processing it, then I had my biometrics, then they gave me the notice of RFE. I sent the RFE overnight as soon as I realized what they needed, which only held it up a week since needing the RFE. finally learned that the AP was dependent on the I-485 which was why it was taking so long to process (I know i should have known this already but i didn't). Am I missing something? What on earth is the point of filing for AP if it won't be approved/denied until they are finished processing the I-485? I'm so frustrated by this!

[Harpa Timsah 13,258]

It wasn't on hold for 2 months which is why this is so hugely frustrating. They started processing it, then I had my biometrics, then they gave me the notice of RFE. I sent the RFE overnight as soon as I realized what they needed, which only held it up a week since needing the RFE. finally learned that the AP was dependent on the I-485 which was why it was taking so long to process (I know i should have known this already but i didn't). Am I missing something? What on earth is the point of filing for AP if it won't be approved/denied until they are finished processing the I-485? I'm so frustrated by this!

Oh, I am sorry. I thought you got the RFE shortly after 6/3 and it was just sent back and accepted on 8/3.

The point of AP is more obvious when I-485's used to take 2 years. Now they happen at almost the same timeframe as AOS. Now it's more "just in case" AOS takes forever.

Edited August 8, 2011 by Harpa Timsah

[bcrose24 0]

Oh, I am sorry. I thought you got the RFE shortly after 6/3 and it was just sent back and accepted on 8/3.

The point of AP is more obvious when I-485's used to take 2 years. Now they happen at almost the same timeframe as AOS. Now it's more "just in case" AOS takes forever.

Ah gotcha, thanks so much for your help I don't know what I would do without Visa Journey!

[malis 0]

this exact thing happened to us, however we don't need to travel till September, but we were really worried about it, cause on the website everything would get updated except this one, so I called USCIS and they said the EAD and AP come together on one card and maybe they have forgotten to update that other one. she told us to make an infopass appointment, so we went there the next day adn they guy said they have both been issued and we will get it in the mail with in two weeks. the next day it was in the mail...

hope it works out for you. dont try to expedite it over the phone, we did that and it didnt work.

[bcrose24 0]

Thanks Malis, very useful info! I'm hoping that I'm able to get this expedited tomorrow because to further complicate things, when I crossed the border the customs officer stamped my passport as being legal to work and told me I could seek employment, after which I was offered employment so am nervous now that I'm not legal to work...all I can do is go to the appointment and hope it clears up! I have the appointment tomorrow morning so will share any information I can to help anyone else who might be experiencing the same issues.

[VanessaTony 3,567]

Thanks Malis, very useful info! I'm hoping that I'm able to get this expedited tomorrow because to further complicate things, when I crossed the border the customs officer stamped my passport as being legal to work and told me I could seek employment, after which I was offered employment so am nervous now that I'm not legal to work...all I can do is go to the appointment and hope it clears up! I have the appointment tomorrow morning so will share any information I can to help anyone else who might be experiencing the same issues.

Unless you have a work permit CARD (NOT the stamp) you are not legally able to work. Unless you have the physical EAD card sorry, it's not legal so I hope you're not working, and if you are, you're working illegally and should stop. How did they run an I-9 check without a legal work document?? The stamp isn't listed on the I-9.

[bcrose24 0]

Unless you have a work permit CARD (NOT the stamp) you are not legally able to work. Unless you have the physical EAD card sorry, it's not legal so I hope you're not working, and if you are, you're working illegally and should stop. How did they run an I-9 check without a legal work document?? The stamp isn't listed on the I-9.

I'm not at the moment but will be soon (as soon as this damn card comes through), but the border protection assured me I was legal with the stamp in my passport, as did the SSN administration.

[bigdog 376]

Hey all,

Hoping someone has some experience with what I'm going through on this. I filed I-131, I-485, and I-765 all in May, and they were received June 3. I had my biometrics done already, but right afterward they requested more evidence on both the I-765 and I-485 for my husband's tax returns and proof of income. All has been sent in completion (crossing my fingers it's all they will need!) and the case was updated effective August 3 as them having received and are re-reviewing the information now.

The issue is I really need to travel outside the country this coming weekend, so I called to check with USCIS about my pending I-131 (the case STILL doesn't show up online although the i-485 does) and they told me it will be AT LEAST another 2 months until they even LOOK at this again. Are they for real? I'm so frustrated over this - every time I call USCIS I get a different answer. A couple of weeks ago when I called them the lady told me that as soon as they get the evidence they will start looking again. Anyone have any ideas on here? How long should this really take? Much thanks for your comments!

make an info pass appointment.

[bcrose24 0]

Hey all,

Wanted to update on this and am thinking i should also post this info somewhere else if wanted. I don't know if this is because I'm Canadian & nexus member and can come and go to the US as I please or what, but today at my infopass the agent let me know that you do NOT need some sort of family medical emergency to get your AP expedited. She let me know to get a letter from my relative explaining the importance of my being home for the family event, make another appt., go in, and they will issue me a document right there so I can travel.

It seems that there is ALOT of misinformation around that the only way you can get your case expedited is if there is some sort of medical emergency or death in the family which is simply not true. I told the agent that the customer support people at the 1-800 number had told me there was no way I could get anything expedited without an emergency and she said that's not accurate at all.

The agent also let me know that my AP is definitely NOT relying on my i-485 or work permit but that it's held up somewhere.

Again, I don't know if this is because I'm going to Canada or if this is the same for everyone but good info to know for anyone else having issues!

[VanessaTony 3,567]

I'm not at the moment but will be soon (as soon as this damn card comes through), but the border protection assured me I was legal with the stamp in my passport, as did the SSN administration.

Some SSA officers will also tell you that simply by marrying your miraculously changed your visa to K3 from K1 (totally untrue and actually quite ridiculous) and that's the reason that they won't give some married K1's (whos I-94s aren't expired) a SSN... because a K3 isn't eligible.

CBP gave the stamp to a VJ members 14 y/o child.. that child isn't even of a legal AGE to work! That shows you how much they know. I can 100% guarantee it's not a legal document to work, simply by looking at the I-9 employment verification form (that you will fill out while getting a job) you'll see it is not mentioned as a valid form of proof of employment eligibility. CBP have no idea.