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svsv0808

I-485 RFE.. related to i-765 expedite?

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Posted (edited)

My husband and I filed an expedite request for his EAD. We faxed evidence on 04/23 and have not received a response. We filed under severe financial loss due to loss of job offer and insufficient single family income. We spoke to a tier 2 rep this morning, who told us that the wait time can take up to 30 days or more depending on the officer it is assigned to. We checked our case status this evening and found an ugly RFE request for his I-485 application. Very sad considering we’ve filed numerous forms (for his K-1 visa) without a single RFE... it feels like we experienced a major setback. We inquired about the i-765 and have action on the i-485? Weird... and unfortunate since his i-765 is halted. Are they at all related? 

1947B537-7CF2-4937-85C1-4DACC557E5F8.jpeg

Edited by svsv0808

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Posted (edited)

Did you make enough on your 2018 tax returns to sponsor your husband and the entire household? Use a cosponsor?

Did you recently lose your job? This is one of the downsides to K-1. They aren't going to expedite everyone who gets a job offer, and at the end of the day it's the sponsors (and/or cosponsors) responsibility to make sure your husband can live without becoming a public charge.

Most people end up with RFE's for more financial commingling, bank accounts, credit cards, names on lease, loans, etc. 

There's no way to tell if they're related until you get the RFE in the mail. But it's possible if you alerted them of a job loss or anything like that implying your financial status isn't what it was when you filed, they may be asking for more financial information for sponsorship.

Edited by Ash.

*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

 K-1:   2015 Done in 208 days - 212g for Second Cosponsor    

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              

                                         
 AOS:   2016 Done in 77 days - No RFE, No Interview                                                                    

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 


ROC:   2018 - 2019 Done in 326 days - No RFE, No Interview

Spoiler

 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension received (Courtesy Copy)

09/18/18 - Request for official 18 month extension
10/22/18 - Official 18 month extension received 

02/27/19 - Biometrics waived 

04/29/19 - New card being produced!
05/09/19 - USPS delivered green card! In hand now!

 

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15 minutes ago, svsv0808 said:

insufficient single family income.

They might checked your affidavit of support and realized that you need a co sponsor to qualify? That is the worst case I can think of.

 

Before you lose hope wait and see what the RFE is about. It might be easy to fix.

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Posted (edited)
24 minutes ago, svsv0808 said:

My husband and I filed an expedite request for his EAD. We faxed evidence on 04/23 and have not received a response. We filed under severe financial loss due to loss of job offer and insufficient single family income. We spoke to a tier 2 rep this morning, who told us that the wait time can take up to 30 days or more depending on the officer it is assigned to. We checked our case status this evening and found an ugly RFE request for his I-485 application. Very sad considering we’ve filed numerous forms (for his K-1 visa) without a single RFE... it feels like we experienced a major setback. We inquired about the i-765 and have action on the i-485? Weird... and unfortunate since his i-765 is halted. Are they at all related? 

1947B537-7CF2-4937-85C1-4DACC557E5F8.jpeg

When you receive an RFIE for I-485 the other applications (I-765 and I-131) freeze until your RFIE is resolved. Don't worry too much about it. We got an RFIE and it turned out I forgot to send the W2 with the tax return. A few days after I responded to the RFIE my interview was ready to get scheduled, my work permit took about 5 months from filing and my I-485 interview is planned for next month. So as long as you can respond to the RFIE fairly quick it won't delay your cases too much

Edited by C90

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3 minutes ago, Ash. said:

Did you make enough on your 2018 tax returns to sponsor your husband and the entire household? Use a cosponsor?

 

Yes, well above the 2018 poverty guidelines. We live in Chicago, so the cost of living is not exactly proportional to the federal guidelines 

Did you recently lose your job? This is one of the downsides to K-1. They aren't going to expedite everyone who gets a job offer, and at the end of the day it's the sponsors (and/or cosponsors) responsibility to make sure your husband can live without becoming a public charge.

 

No job loss or prospect of becoming a public charge. We are well aware. The job offer is six figures in a field that is presently in high demand. 

 
Most people end up with RFE's for more financial commingling, bank accounts, credit cards, names on lease, loans, etc. 

There's no way to tell if they're related until you get the RFE in the mail. But it's possible if you alerted them of a job loss or anything like that implying your financial status isn't what it was when you filed, they may be asking for more financial information for sponsorship.

 

So we will wait to see. It took 3 weeks to receive the expedite notice in the mail. 

 

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Posted (edited)
10 minutes ago, ineedadisplayname said:

They might checked your affidavit of support and realized that you need a co sponsor to qualify? That is the worst case I can think of.

 

Before you lose hope wait and see what the RFE is about. It might be easy to fix.

 Thanks for your optimism! We meet the affidavit requirements, so not sure why we would need a co-sponsor. Hopefully not! Since we in live in Chicago, exceeding the poverty line does not exactly mean comfortable..

Edited by svsv0808

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3 minutes ago, C90 said:

When you receive an RFIE for I-485 the other applications (I-765 and I-131) freeze until your RFIE is resolved

Right. Really upset about that! If the RFE was related to the I-765 or the expedite request, it wouldn’t have shown for the i-485, would it? 

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1 minute ago, svsv0808 said:

 Thanks for your optimism! We meet the affidavit requirements, so not sure why we would need a co-sponsor. Hopefully not! Since in live in Chicago, exceeding the poverty line does not exactly mean comfortable..

Yeah, I believe that.... I am sure they needed to check the underlying application to be able to issue the EAD. They found something they didn't like in there. It can be anywhere from forgetting to check a box to missing tax returns... We had an RFE too, so I know what you feel right now, but until the letter is in your hand doesn't make sense to worry about it because it would just drive you crazy and speculating is not good in this case because we tend to go to the worst case possible.

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3 minutes ago, svsv0808 said:

Right. Really upset about that! If the RFE was related to the I-765 or the expedite request, it wouldn’t have shown for the i-485, would it? 

It says it's for your I-485, so it will be related to that. But it will still freeze your I-765 and I-131 application, since they are all related and they need to do the proper background checks on all. But if you respond quickly (I send out the requested documents the next day) they should start working on your case quick again. Tbh, I don't think our RFIE had a huge impact on our processing time.

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Posted (edited)
7 minutes ago, C90 said:

It says it's for your I-485, so it will be related to that. But it will still freeze your I-765 and I-131 application, since they are all related and they need to do the proper background checks on all. But if you respond quickly (I send out the requested documents the next day) they should start working on your case quick again. Tbh, I don't think our RFIE had a huge impact on our processing time.

Same here. We had an RFE. The turnaround for it was like less than 10 days.

 

Just checked my history. It took exactly 7 days from status RFE issued to Response To USCIS' Request For Evidence Was Received. Probably 2 days each way to get the letter. After that it took them 11 days to Case Is Ready To Be Scheduled For An Interview.

 

If you don't need a lot of time to respond it won't delay you too much. I still received my EAD mostly the same time as other July filers from last year.

Edited by ineedadisplayname
edit

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4 hours ago, Ash. said:
Most people end up with RFE's for more financial commingling, bank accounts, credit cards, names on lease, loans, etc. 

 

You cant get an RFE for this^^^ as that is not required evidence for the intial filing of the I485 and only required to be submitted at the interview.

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7 hours ago, K1visaHopeful said:

You cant get an RFE for this^^^ as that is not required evidence for the intial filing of the I485 and only required to be submitted at the interview.

My apologies! Didn't realize that bonafide marriage evidence wasn't a requirement for the I-485 application.


*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

 K-1:   2015 Done in 208 days - 212g for Second Cosponsor    

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              

                                         
 AOS:   2016 Done in 77 days - No RFE, No Interview                                                                    

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 


ROC:   2018 - 2019 Done in 326 days - No RFE, No Interview

Spoiler

 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension received (Courtesy Copy)

09/18/18 - Request for official 18 month extension
10/22/18 - Official 18 month extension received 

02/27/19 - Biometrics waived 

04/29/19 - New card being produced!
05/09/19 - USPS delivered green card! In hand now!

 

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2 hours ago, Ash. said:

My apologies! Didn't realize that bonafide marriage evidence wasn't a requirement for the I-485 application.

No problem. Just wanted it to be clear for the OP as much of that stuff is unobtainable for a K1 AOS filer until many months into the future.

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17 hours ago, ineedadisplayname said:

Yeah, I believe that.... I am sure they needed to check the underlying application to be able to issue the EAD. They found something they didn't like in there. It can be anywhere from forgetting to check a box to missing tax returns... We had an RFE too, so I know what you feel right now, but until the letter is in your hand doesn't make sense to worry about it because it would just drive you crazy and speculating is not good in this case because we tend to go to the worst case possible.

 

17 hours ago, svsv0808 said:

Right. Really upset about that! If the RFE was related to the I-765 or the expedite request, it wouldn’t have shown for the i-485, would it? 

Yeah OP, when you request an EAD expedite, your underlying petition is reviewed first. You would have gotten this RFE sooner or later, but you've essentially sped it up by asking an officer to review everything you got for mistakes. 

 

Your expedite is paused as well, but just respond to it and go from there. 


Adjusting from TN to GC as spouse of USC

2015-11-23: Last TN received at CBP

2017-06-12: Married

2018-06-25: Mailed I-485, I-864, I-130/I-130A, and I-765 to USCIS

2018-07-24: Biometrics appointment

2018-08-28: Expedite request submitted for EAD via USCIS support line

2018-09-21: EAD and SSN received in the mail

2018-10-11: Case is ready to be scheduled for interview

2018-10-31: Interview is scheduled

2018-11-21: TN expired

2018-12-11: AOS Interview - approved 

2018-12-18: Green Card received

------------------

2020-12-11: Conditional green card expires 

 

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Posted (edited)

First off, thank you ALL for helping me stay calm and understand what is happening. Really appreciate it.

 

I'm surprised that we received the RFE in the mail today! My husband did not include a translated birth certificate (of all things..) - oddly enough, he did not provide a translated birth certificate at the K-1 interview either. Really simple fix so we will be able to send our response on Monday.

 

 

On 6/5/2019 at 1:57 PM, eckoin said:

 

Yeah OP, when you request an EAD expedite, your underlying petition is reviewed first. You would have gotten this RFE sooner or later, but you've essentially sped it up by asking an officer to review everything you got for mistakes. 

 

Your expedite is paused as well, but just respond to it and go from there. 

Ah - I see. Makes sense. I'm glad they've touched the application recently. Hopefully that also means they'll continue to work on it as soon as they receive our response... husband is going crazy being a stay at home cat dad. :)

Edited by svsv0808

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