Request For Evidence

[adsandvi 0]

I am looking for some advice.

I applied to get a Work Permit and a Travel permit along with my change of status.

We had a request for evidence that was sent to us a few months ago we did not send this streight in as we were told that it would not affect the work permit and the travel document!

So 90 came and went for my permits and so i go to the local office to get a temp work permit as there dates were up for me and the lady tells me that the reason that my case has been held up is because my Request for Evidence was never received. I told her that i was told i was told they are not linked and she said that all cases are linked together.

After been refused a temp permit i send all of the information off that they wanted and i got a receipt date of Sept 18th.

My problem is this. I have not been working since i moved here on March 29th and so we are out of money! I am looking to fly home to England and await my permits arriving! I spoke to USCIS again today and they tell me that all of my permits have been finalised and that i just need to wait for them and it can take up to 60 days. I have a flight booked for the 24th to go home and work but i now dont know if it is worth it.....everything before we got the request for evidence went super fast and now i know why everything was slowed down after the RFE

So i dont know what to do....should i wait out my 60 days here or go back to england to work and return to USA after my permits arrive after spending money to fly home and back.!!! What do u think????

[^snow^^ 0]

quote name='adsandvi' date='Sep 22 2006, 01:40 PM' post='463738']

I am looking for some advice.

I applied to get a Work Permit and a Travel permit along with my change of status.

We had a request for evidence that was sent to us a few months ago we did not send this streight in as we were told that it would not affect the work permit and the travel document!

So 90 came and went for my permits and so i go to the local office to get a temp work permit as there dates were up for me and the lady tells me that the reason that my case has been held up is because my Request for Evidence was never received. I told her that i was told i was told they are not linked and she said that all cases are linked together.

After been refused a temp permit i send all of the information off that they wanted and i got a receipt date of Sept 18th.

My problem is this. I have not been working since i moved here on March 29th and so we are out of money! I am looking to fly home to England and await my permits arriving! I spoke to USCIS again today and they tell me that all of my permits have been finalised and that i just need to wait for them and it can take up to 60 days. I have a flight booked for the 24th to go home and work but i now dont know if it is worth it.....everything before we got the request for evidence went super fast and now i know why everything was slowed down after the RFE

So i dont know what to do....should i wait out my 60 days here or go back to england to work and return to USA after my permits arrive after spending money to fly home and back.!!! What do u think????

It seems from your post above that you do not have your AP yet. If you leave the country right now without your AP or GC, USCIS would assume that you have abandoned adjustment of status. You may need to apply for advance parole again out of the country or apply for some other method to reenter US.

P/S: My timeline is under my hubby's userid "Miwa".

[adsandvi 0]

No i do not have it yet but as far as i am aware they would just post it to me! My wife is staying at our home here in USA so she could post it to me and i would come back?

[Kathryn41 3,205]

The biggest problem I foresee with you leaving before you receive the AP is what if you receive an interview date for your AOS - but you DON'T receive the AP prior to that date - you will have no way to return to attend the interview. Many AOS interviews these days are being scheduled before individuals have received their APs and EADs. If you had responded to the RFE when you originally received it you may even now have had your green card and almost definitely have had your AP and EAD. You are anticipating the APs arrival and its being forwarded to you in England - but what if it gets lost in the mail? What if it doesn't arrive in time for your travel back for the interview? What if it gets returned as undeliverable? All these can and have happened to individuals on this site. You are taking far too great of a risk leaving without the AP in hand. I am sorry that you are having financial problems (and I am sure you are already kicking yourself for not responding to the RFE in a timely way) but you will be creating potentially greater problems if you leave without the AP. Do you want to risk throwing away everything you have so far invested in getting the AOS, time wise and moneywise? Do you really want to risk starting all over again from scratch when you are so close?

Edited September 23, 2006 by Kathryn41