RFE implications on my AP

[novocastrian 0]

Hi everyone,

I'm currently on an E-3 work visa (Australian professional) and I am married to a USC. We submitted the I-485 with the AP/EAD application on Nov 9, 2012 and received the NOA paper copies dated Nov 14 mailed to my home address. My online status was updated to say that on Nov 29 they mailed me a RFE. The RFE has not arrived in the mail, and given it is Dec 12, I assume it is not arriving. I have called USCIS and they told me to wait the 15 days before they can resend, which means I can get it resent on Dec 15. I have not received a biometrics appointment yet (I assume this is because of the RFE). At this point if they resend the RFE on Dec 15, I'm thinking best case is I get the physical copy by Dec 21, and assuming it is a tiny oversight, the RFE can be sent back to them during the Christmas week. Worst case is the replacement RFE doesn't arrive also, and this drags into January.

Here is the problem - although we got married in the US a couple of months ago, we have arranged for our Australian wedding celebration for February 23 and our flights to leave the US are booked for February 16. We understood it was risky to book it then, but it was 90 days after when we sent the application in, so I assumed the risk was low that I would not at least have my AP by then. The RFE getting lost in the mail has screwed this plan up.

My questions are:

- what is the likelihood I will receive my AP by February 15? Assuming my best case scenario above is correct, this gives me 45 days or so to do my biometrics and get my AP sent to me. If this is not very likely, then we will have to cancel/postpone our wedding celebration, which would impact us financially and others.

- if I withdraw my AOS, does my E-3 status just continue existing (it doesn't expire until the end of the year) and I can therefore leave for the trip, come back to the US and my job on my E-3, and re-apply for my AOS when we get back? I understand the financial implication of reapplying, but that is better than cancelling the wedding.

- does anyone have any tips on progressing my AP at the same time I am dealing with the RFE?

Many thanks!!

[feli114 65]

Why don't you make an Infopass appointment and explain the situation? Maybe they could grant you the AP for that timeframe that you plan to be out of the country.

[MrsB2012 10]

Why don't you make an Infopass appointment and explain the situation? Maybe they could grant you the AP for that timeframe that you plan to be out of the country.

I don't believe they will grant AP without having biometrics completed unless it's a life or death emergency and even then, I'm not sure they'll do it. Maybe someone else can confirm this that has more experience?

Without an RFE, we were approved 71 days after they received our application. Some people wait less, some more, it's a ####### shoot and if you call USCIS, they will tell you that they have 90 days to process it. You also need to take into consideration that you'll have to wait for the card to be mailed after it's approved, which can tack on another week or so.

You might be able to make an infopass appointment and explain the situation. We tried it this morning to get a card for my husband's AP that's already approved and we were denied. We were told that unless it's a life or death emergency, which you need to provide proof of, they will not expedite. I've read accounts where people have received expedited AP for weddings and non emergency circumstances, perhaps it just depends on the office. It can't hurt to try...

[novocastrian 0]

You might be able to make an infopass appointment and explain the situation. We tried it this morning to get a card for my husband's AP that's already approved and we were denied. We were told that unless it's a life or death emergency, which you need to provide proof of, they will not expedite. I've read accounts where people have received expedited AP for weddings and non emergency circumstances, perhaps it just depends on the office. It can't hurt to try...

Thank you, yes I think that approach is probably my only shot. If that doesn't work, I think I've got to pull the plug on this marriage party and cut my losses - I've already warned guests that we may have to cancel... So frustrating!

[travelfairy 22]

I was able to enter and leave happily on an L1-B (intracompany transfer) whilst I had an AOS etc pending, so if your E3 is still valid, you may not have any issues. I'd talk to your immigration attorney. I'm an Aussie too FWIW.

[Harpa Timsah 13,258]

I was able to enter and leave happily on an L1-B (intracompany transfer) whilst I had an AOS etc pending, so if your E3 is still valid, you may not have any issues. I'd talk to your immigration attorney. I'm an Aussie too FWIW.

L and H are dual intent and a person can travel freely while AOS is pending. The OP does not have one of these visas. E3 is not dual intent, and if s/he leaves without AP the AOS will be abandoned and denied.

OP: Your place in the queue will be most likely preserved. You could try for an "emergency" but a planned wedding usually doesn't count. I saw it count in one instance, though. I'd see what happened in the next month. (this topic is already a few weeks old so it might be resolved already).

Edited December 28, 2012 by Harpa Timsah