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RFE for I485 request for initial evidence

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Here is a brief overview of the situation:

  • Submitted forms for AOS and EAD received notices confriming receipt
  • Two pieces of paperwork sent out to us in July returned as undeliverable because USCIS got our address wrong noone is able to tell us what was sent requested paperwork to be remailed.
  • Wait 30 days (lose out on two job opportunities because of lack of paperwork) still no paperwork.
  • Call again to request paperwork be resent eventually arrives 45 days later now September. Turns out to be a RFE concerning I-485 and Biometrics appointment (The same date and time they originally gave me for July we are now in Sept)
  • Was told i could get temporary EAD on helpline by immigration officer called into local office they told me no the clock had stopped ticking way back in July when the paperwork was returned and wouldn't start again until i had snet evidence in.
  • Surprisingly called into the Biometics office to rearrange my appointment was told to come back that afternoon and everyone there was so pleasant very much a contradication to the cold A'hole i had delat with in the morning at the local immigration office

Ok i had to get all that in because it is so so frustrating and i needed to vent and thought it may be useful to someone if i shared. Here is my problem the evidence they requested is so general it almost reads like we never submitted anything at all with relation to my wife being able to support me. We have a letter F. a check box and a number 11 and it has half a page worth of bumf and the opening line is the general jist of the letter "We are unable to determine if you r houshold income meets or exceeds 125% of the federal poverty line."

I know that we submitted everything they asked for with our initial app and I know our income is fine. Either way I have started re-collecting it all in again and will be submitting a back up of my inlaws affidavidt of support. I have five questions:

1. has anybody else had a similar experience can you share 'cause this is soul destroying stuff.

2. Do i have any recourse because we have been held up for so long because of their mistake i.e. can we get our application bumped up the list to where it should be at this stage.

3. Can anybody shed any light on why they need this info again or give us any tips/help on what we should be careful of when re-submitting all this stuff.

4. What can i do about my EAD application they are now saying i am not eligible for interim EAD for another 90 days?

5. Can someone please confirm that i am submitting the correct documents the list of what I have is below:

-The RFE letter with barcode.

-Explanation as why we didn't anwer this request sooner.

-wife's affidavidt of support.

-Wife's notice of appointment.

-Letter confirming my wife's employment form employer.

-4 of most recent payslips (4 months worth).

-Everything including W-2s she submitted for tax purposes for the last 3 years.

-Inlaws affidavidt of support.

-Copy of father inlaw's passport.

-inlaws' tax return and W2 for last year.

If this is complete and i have everything i am at a loss as to what went wrong 'cause apart from the backup inlaws paperwork we submitted all this stuff first time around. I suspect it may have gone missing with the RFE saying it was a request for initial evidence. I just don't undestand they let you come over here on the basis of one affidavidt set up life and then need another one.

Thanks for any help you give i really feel like VJ is the only place you can turn fro help and guidance with this stuff

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We received the same RFE. I made a mistake in filling out the I-864. Did you and your inlaws check over what you sent in? I also left out one critical piece of the puzzle that backed up what I submitted as far as assets. One mistake or item left out and they'll send an RFE. I'm not saying you've left anything out, but if your inlaws use any type of assets, or if there is an error in the form, the USCIS will send it back. Just an idea of course. Hope you get it all settled soon. :)


Teaching is the essential profession...the one that makes ALL other professions possible - David Haselkorn

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A few things:

1 - When you return the RFE, you'll receive an email explaining that it won't actually be 90 days from the date the RFE is received to the EAD, and everything picks up fairly quickly after that.

2 - Make sure you're using the "New" I-864 Affidavits of Support, which doesn't require 3 years of tax returns. That was part of our problem.

3 - Why does this happen? Sometimes there is a small mistake you missed on the Affidavit of Support, as another poster commented. Sometimes, you miss out something (such as we did by using the old forms and not realizing we had to prove my dad's legal status / citizenship.) And sometimes, between being received at Chicago and arriving in MSC, things get lost. It sucks, but the processers *are* humans, which means fallible (wouldn't it be great if they were infallible androids?) and these things happen. Just take a deep breath, double and triple check your docs, and send them on their way!

Good Luck! :thumbs:

Edited by M.

Timeline of David's Petition to Remove Conditions:

08-01-2009 I-751 Mailed to VSC

09-01-2009 I-751 received at VSC

12-01-2009 Notice of Action/Receipt received

22-01-2009 Biometrics Appointment Notice received

06-02-2009 Biometrics Appointment in Newark, NJ

05-06-2009 Received notice that removal of conditions has been approved!

David's K1 Timeline Available here

David's AOS Timeline Available here

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