Can your EAD/AP be approved while AOS is having RFEs?

[kiki2013 0]

Hi,

So i was wondering if the EAD/AP part of the adjustment of status can be approved while the general AOS is pending due to RFE's?

I am asking because it may take a few weeks before I get my marriage cetificate (just got married) and I would like to file the entire AOS/EAD/AP application asap so that I can travel in March and work soon after.

I realize that my application will get RFE's due to the missing "official" marriage certificate (all i have is the photocopy of the actual marriage licence/certificate paper that we filled out before getting married), and potentially some others due to incomplete tax returns form co sponsor, but could EAD/AP part STILL be approved regardless?

ANYONE been in a situation like this?

Any input is helpful, thanks!

[belinda63 2,981]

EAD and AP are part of the AOS package. Usually an RFE for something major, like the marriage certificate, will halt everything.

[JEC777 13]

My EAD/AP was suspended until after they received the response to an RFE. The RFE letter stated that processing of the I-485 and EAD would be suspended until the USCIS received and processed the RFE response. I received my EAD pretty soon after they received the RFE response though. I would wait until you have everything together, especially the tax stuff, make sure you submit full tax transcripts from your co sponsor!

[KayDeeCee 4,892]

An RFE would most likely stop everything, and just slow down your whole process. You really should just concentrate on getting all the documentation that is required for filing and then file as soon as you can. A copy of your certified marriage certificate is one of the main requirements when adjusting from a K-1, so wait for that. Go to your local county court and inquire about getting copies of your marriage certificate. Also, the financial documentation is very important. There are many RFEs given for the I-864/financial aspect of the process. Just file it all correctly to begin with.

Edited December 12, 2013 by Jay-Kay

[Stevephoto 224]

See if your state has a system for your officiant to file your marriage certificate online. We were able to get a temporary certificate within a few days of the wedding. We submitted the temporary certificate expecting to get an RFE, but it went through without a problem.