RFE for I-485

[no name 1]

From my I-485 app:

On January 3, 2007, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done.

So I guess 90 days doesn't apply anymore? They say 60 days for a decision, which is surprising (in a good way!). Isn't it?

My I-765 was touched yesterday as well but no status update.

[am1996 0]

From my I-485 app:

On January 3, 2007, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done.

So I guess 90 days doesn't apply anymore? They say 60 days for a decision, which is surprising (in a good way!). Isn't it?

The 60 and the 90 day periods refer to completely different things. The 90 day period is the statutory period given to the USCIS to adjudicate your EAD. The 60 day period you referred to above refers to USCIS analyzing your response to the RFE.

In other words, if the RFE stated that it restarted the 90 day countdown clock on the EAD processing, then USCIS has 90 days from the date it received your response to the RFE to adjudicate the EAD (either approve or deny it).

[no name 1]

From my I-485 app:

On January 3, 2007, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done.

So I guess 90 days doesn't apply anymore? They say 60 days for a decision, which is surprising (in a good way!). Isn't it?

The 60 and the 90 day periods refer to completely different things. The 90 day period is the statutory period given to the USCIS to adjudicate your EAD. The 60 day period you referred to above refers to USCIS analyzing your response to the RFE.

In other words, if the RFE stated that it restarted the 90 day countdown clock on the EAD processing, then USCIS has 90 days from the date it received your response to the RFE to adjudicate the EAD (either approve or deny it).

So basically we know nothing!

Does the RFE ever state that you need to wait 90 days?

[mercy 1]

Thanks everyone for the replies, I think I understand know. My initial reaction to what was written was that I couldn't receive the EAD (not the interim one) until after 90 days had passed, so as long as that's not the case, I'm a happy girl.

devilette, I've been watching your signature timeline lately, ours are pretty similar.

[shusterman 0]

Thanks everyone for the replies, I think I understand know. My initial reaction to what was written was that I couldn't receive the EAD (not the interim one) until after 90 days had passed, so as long as that's not the case, I'm a happy girl.

devilette, I've been watching your signature timeline lately, ours are pretty similar.

devilette and mercy-

I hope you don't mind that I added you both to my friends list. We basically have the same timeline although I'm adjusting from a different visa type. Anyway, I wanted to ask the both of you, what kind of RFEs did you get? I'm just curious and slightly paranoid.

Thanks!

[no name 1]

Thanks everyone for the replies, I think I understand know. My initial reaction to what was written was that I couldn't receive the EAD (not the interim one) until after 90 days had passed, so as long as that's not the case, I'm a happy girl.

devilette, I've been watching your signature timeline lately, ours are pretty similar.

devilette and mercy-

I hope you don't mind that I added you both to my friends list. We basically have the same timeline although I'm adjusting from a different visa type. Anyway, I wanted to ask the both of you, what kind of RFEs did you get? I'm just curious and slightly paranoid.

Thanks!

Sure thing! And back at ya.

The dreaded I-864 RFE seems lots of people get. We (me & my joint sponsor) didn't put our W2s on so I added those & sent the whole shebang back. Hope it works!!!

[am1996 0]

So basically we know nothing!

Does the RFE ever state that you need to wait 90 days?

I don't understand the question. The RFE either states that your 90 day countdown clock is suspended or that it does not start until the evidence requested therein is received. If it's the latter, you will not be entitled to demand a statutorily authorized interim EAD (or a full EAD) until 90 calendar days from the day USCIS receives the missing evidence.

Either way, there is nothing to prevent USCIS from adjudicating your EAD or any other immigration petitons PRIOR to the 90 day deadline.

[no name 1]

The RFE either states that your 90 day countdown clock is suspended or that it does not start until the evidence requested therein is received.

I didn't see that on my RFE, but I will def. re-check when I get home. Thanks for that!

Edited January 4, 2007 by devilette

[am1996 0]

Thanks everyone for the replies, I think I understand know. My initial reaction to what was written was that I couldn't receive the EAD (not the interim one) until after 90 days had passed, so as long as that's not the case, I'm a happy girl.

Yep, you understanding is correct

[mercy 1]

devilette and mercy-

I hope you don't mind that I added you both to my friends list. We basically have the same timeline although I'm adjusting from a different visa type. Anyway, I wanted to ask the both of you, what kind of RFEs did you get? I'm just curious and slightly paranoid.

Thanks!

Good idea, I did the same

My RFE was the I-864 one as well. Basically they wanted W-2's, tax returns (they said recent year, but we did past 3, as we did originally), and proof of employment. We sent all of that for the sponsor, so I think maybe what they wanted was proof of self-employment from the joint sponsor, which I don't think was included before. But we sent everything for both sponsor and joint sponsor all over again. Sort of annoying to resend stuff we already sent, but I figured it was better to be safe than sorry.

[shusterman 0]

Good idea, I did the same

My RFE was the I-864 one as well. Basically they wanted W-2's, tax returns (they said recent year, but we did past 3, as we did originally), and proof of employment. We sent all of that for the sponsor, so I think maybe what they wanted was proof of self-employment from the joint sponsor, which I don't think was included before. But we sent everything for both sponsor and joint sponsor all over again. Sort of annoying to resend stuff we already sent, but I figured it was better to be safe than sorry.

Yeah, I agree. Better safe and redundant than sorry.

[sarah and hicham 3]

We sent in I-485 and I-131 and I-765 on Sept 27th and we have nothing yet. My husbands biometrics were rejected twice however we have not received anything saying what to do next and it has been 2 months since his second bio appt. We also received an RFE for I-485 (joint sponsor taxes and employment of course) which we replied to already and still nothing.

We stopped by the USCIS office where my husband had fingerprints and just asked what we should do next and they woman said you have only waited 2 months that isn't long at all.

This is so frustrating!

Good luck to everyone else !