Jump to content

6 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Canada
Timeline

I filed for my AOS about a month ago and today I received a letter from Homeland Security stating that they cannot process my application for permanent residency/interim employment until **90 DAYS AFTER** they receive the W-2 that was missing from our Affidavit of Support (I-864) form. I was so frustrated by this that I couldn't help but cry. :( Has anyone had this happen? Why can't they continue processing the application as soon as they receive the missing document rather than waiting the additional 90 days after receiving it?!? I've been in the US for four months playing housewife and I'm going crazy not working. I can't imagine what another 3 months or more will be like...

If someone has had similar experience, please share....

Thanks,

Kristy

Share this post


Link to post
Share on other sites
Filed: Country: Lebanon
Timeline

Kristy,

you misunderstood the letter they sent you.

basically you have received what people call her "RFE" or request for evidence. this is very common, and you need to send them what they want as soon as possible.

basically when you get an RFEm they put your application on hold until they receive what they asked for and once they receive it then the processing will continue.

the 90 day period that the letter mentions is for the application for employment and does not apply for adjustment of status.

i am gonna try to explain this to you in a simple way: technically, when you apply for an employment card, they basically are supposed to to issue it to you within 90 days of sending the application and if they do not do so, then you can go to a USCIS office and get a temporary (interim) employment card, well this never happens tho because almost everyone gets they employment card before the 90 days of filing. now when you receive an RFE, this will basicallyshould reset the 90 day period for issuing the employment card and the 90 day count down would start from the day they receive your returned RFE. but this really rarely happens and people still receive their employment card within the 90 days of initial filing.

what you need to do now is send them back what they asked for as soon as possible and once they get it, everything will go back to normal.

do not worry about this, honestly a lot of people get rfes.


01/03/2007: Received NOA dated December 29th

01/09/2007: Touched (I-485, I-130, I-765)

01/17/2007: Biometrics appointment

01/16/2007: Touched (I-485, I-130, I-765)

01/16/2007: 8 emails for RFE

01/17/2007: Touched (I-485, I-765)

01/18/2007: Touched (I-485, I-130, I-765)

01/20/2007: Touched (I-485, I-765)

01/25/2007: Touched (I-485)

01/25/2007: Email for Receipt of RFE

01/28/2007: Touched (I-485)

03/11/2007: Touched (I-765)

03/12/2007: EAD Production Email

03/13/2007: Touched (I-765)

03/15/2007: EAD Approval notice sent Email

03/16/2007: EAD Received

03/17/2007: Touched (I-765)

04/03/2007: AOS Interview Letter Received

04/27/2007: Touched (I-485, I-130)

05/10/2007: AOS Interview - APPROVED

05/10/2007: Touched (I-130, I-485) - Registered Permanent Resident

05/15/2007: Touched (I-485) - Card Production Ordered

05/16/2007: Touched (I-485)

05/21/2007: Touched (I-485)

05/21/2007: Green Card Received

05/21/2007: Touched (I-485)

05/21/2007: Touched (I-485)

05/21/2007: Touched (I-485)

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Morocco
Timeline

Don't worry... you have 90 days to return the needed info and once you send it your case will pretty much start processing after they get it.

Good luck!

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Canada
Timeline

Thanks so much for the info. I was really convinced that USCIS would not look at my application for another three months after receiving the missing documentation...

"You are ineligible for interim employment authorization pursuant to Title 8, Code of Federal Regualations, Section 103.2(B)(10)(ii) until 90 days after the missing initial evidence is received."

I think it's worded to scare people. I know I freaked!!

Thanks again for the info.

Kristy

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...