Awaiting EAD/AP and RFE for I-485 to be cleared

[Jlomartin 71]

Hi VJ members,

 

Can someone help me?  I am currently waiting for my AOS, EAD and AP.  We submitted everything on Nov 2, 2018. Biometrics done Nov 26, 2018.

 

In December we received an RFE for our I-485.  We promptly re-submitted this the next day and on the USCIS website, it states that this RFE additional docs was received on Dec 10.  My question for this situation is how long does an RFE usually clear?  

 

Next is the EAD and AP dual card.  VJ timelines show an estimated timeline at the end of March to begin of April.  How accurate is this?  Also on my passport my K1 Visa stamp expires on March 18, 2019.  For my AP it shows that it’s case received and the EAD fingerprints review completed.

 

What happens if I do not receive the dual card (EAD/AP) before my expiry date? If I do get my AP how many entries do they normally grant you?

 

I hope someone can answer some of these questions from experience.  Thank you!

[C90 376]

Just now, Jlomartin said:

Hi VJ members,

 

Can someone help me?  I am currently waiting for my AOS, EAD and AP.  We submitted everything on Nov 2, 2018. Biometrics done Nov 26, 2018.

 

In December we received an RFE for our I-485.  We promptly re-submitted this the next day and on the USCIS website, it states that this RFE additional docs was received on Dec 10.  My question for this situation is how long does an RFE usually clear?  From RFE on the clock starts ticking again. Some offices are fast where others are very busy and so it can take a long time. You can check https://egov.uscis.gov/processing-times/ for your local office processing times.

 

Next is the EAD and AP dual card.  VJ timelines show an estimated timeline at the end of March to begin of April.  How accurate is this? Hard to say, since a lot of members don't update their timeline. It takes about 4-6 months to process EAD/AP (usually) Also on my passport my K1 Visa stamp expires on March 18, 2019.  For my AP it shows that it’s case received and the EAD fingerprints review completed. This is normal. For AP they don't do a background check, for EAD they do.

 

What happens if I do not receive the dual card (EAD/AP) before my expiry date? Nothing. Your K1 expired the moment you crossed the border of the USA. As long as you got married within 90 days you're good. This gives you a temporary immigration status and you're a legal alien. If I do get my AP how many entries do they normally grant you? As many as you want Just keep in mind that there are some regulations on how long you can be out of the country to qualify for a Greencard, but I wouldn't think you would get out of the country for a long time once you've got your AP since your life here just started  

 

I hope someone can answer some of these questions from experience.  Thank you!

 

[geowrian 22,335]

30 minutes ago, Jlomartin said:

What happens if I do not receive the dual card (EAD/AP) before my expiry date? If I do get my AP how many entries do they normally grant you?

AP based on a pending AOS application should be multiple use. There is no set number of uses in that case.

From the moment you filed AOS, you gained a period of authorized stay until they adjudicate the AOS application.

 

24 minutes ago, C90 said:

For AP they don't do a background check, for EAD they do.

I've never heard that they don't do a background check for AP. Logically, it would be backwards for them to do so...a work permit needing a background check but not re-entry into the country?

Typically they re-use the same biometrics for AOS, AP, and the EAD, so it's not surprising if only one updates to show completed.

[C90 376]

Just now, geowrian said:

I've never heard that they don't do a background check for AP. Logically, it would be backwards for them to do so...a work permit needing a background check but not re-entry into the country?

Typically they re-use the same biometrics for AOS, AP, and the EAD, so it's not surprising if only one updates to show completed.

Then why does the status for your AP not change? EAD status changes to 'we reviewed your fingerprints and are working on your case' where AP just says 'we received your application'. Regardless if they do a check or not, it's normal that your AP status doesn't change until your AP is granted.

[mushroomspore 3,043]

K1 visa's 1-time use only. It's cancelled when you cross the border with it. It has no connection to AP. 

[geowrian 22,335]

4 minutes ago, C90 said:

Then why does the status for your AP not change? EAD status changes to 'we reviewed your fingerprints and are working on your case' where AP just says 'we received your application'. Regardless if they do a check or not, it's normal that your AP status doesn't change until your AP is granted.

My wife's AP still shows "Case Was Received". She received her combo card 1 year ago and green card a few months ago. Her EAD showed the same biometrics message as the OP, then "Card Was Produced" when it was issued, then "Card Was Delivered" about a month later. They only updated the I-765 case but never touched the AP one after receipt. Sometimes they do that when they are adjudicated together.