So Frustrated. Are we near the end?

[Gopher 0]

I don't get frustrated much, but my wife and I have had enough with the USCIS.

My fiance (now wife) came to the US on June 20, 2012 on a K1 Fiance Visa and we were married on August 25th 2012. In mid-October, we filed my wife's AOS paperwork and after 8.5 months of hearing NOTHING, we finally heard something today. Guess what? It was an RFE asking for our marriage certificate and my 2011 tax return.

It really pisses us off that it took 8.5 months for the government to tell us this information. In addition, I already sent them these documents when we first filed for my wife's AOS in mid-October, and I can prove it as I have copies of my whole packet. This is whole process is ridiculous and we cannot wait to get through this BS.

Anyway, at least I have the documents readily avaiable and we are going to send it them AGAIN in a couple of days. My only question is, how much longer should this take? My poor wife even started crying today because she is tired of the BS that goes on in our government and because she is tired of being home alone. Her life depends on this visa as she can't drive without it (my state won't allow it eventhough she has an EAD and a social security card) and she can't work without proving that she is a permenant resident (which companies have told her in interviews).

[Harpa Timsah 13,260]

Sorry for the delay, but relax.

Things should go quickly now. However, do NOT send in exactly the same things, because something about them was wrong. Make sure you have a complete tax return and that your marriage cert is the correct one (some counties give souvenir ones).

As far as jobs, those companies are committing illegal hiring practices and your wife should report them. Work-authorized is work-authorized and those companies cannot decide she is not employable.

[didopage 337]

I would send them a tax transcript ordered from the IRS, as they tend to prefer that to tax returns.

[pieroot 43]

I would also send them the original certified marriage certificate.

[Hypnos 6,579]

I certainly wouldn't trust USCIS with an original anything.

Send back a tax transcript (easily obtained from the IRS, for free) and a certified copy of your marriage certificate (again, easily obtained, usually from the county clerk that issued your marriage licence, for a nominal fee).

[bigdog 377]

Do not send your original marriage certificate, a good color copy of the certified one will be fine - front and back. Tax transcripts are fine with a copy of your w-2 etc. No working without the EAD and combined AP (if you applied for it) card.

[Hypnos 6,579]

Too late to edit my reply, but:

+1 What Harpa said about work authorisation. If your wife has an EAD and a social security number (technically not needed, but you will run into issues with the IRS without one) then she is authorised to work in the US. If companies are refusing to hire her on the basis that she isn't showing them a green card then they are breaking employment law. The individual chooses which documents to show their employer to demonstrate work-authorised status, not the employer themselves. Employers who demand specific documents are in breach of employment legislation, and you should report them: http://www.justice.gov/crt/about/osc/

[TBoneTX 47,507]

*** Thread moved from main AOS/Family-Based forum to the Case Progress subforum. ***

[foreignrelations 1]

I would disagree that getting an RFE means there was something wrong with the original documents/copies you sent in. We were in a similar situation where we waited for months and then got an RFE (though it was for the EAD in our case, and a request for a copy of my husband's passport). I know we included a copy of the passport in the original packet--how dumb would we be? But we sent them another one right away and got the EAD shortly afterward. I don't have a lot of experience with this so far, but to me an RFE at least indicates they're looking at your case now. Good luck!