Jump to content

4 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Netherlands
Timeline

We just got an RFE asking for the Co-sponsor's proof of US citizenship, so we need to send a copy of her passport.

I thought when i sent the papers to ask her for it just in case but thought she must have read the instructions and it's not necessary... I should have done it regardless!!

In the RFE it says "you are ineligible for interim employement authorisation pursuant to Title 8, code of federal regulations, Section 103.2 until 90 days after the missing initial evidence is received".

Does this mean my EAD is put to the back of the line again and the month since i first sent AOS doesn't count towards it? Does anyone know? I can live with the delay for the Green Card but having to start the 3 months over again for the EAD is a real pain.

Thanx

TIMELINE

K1 visa 2006

May 9th Sent I-129 petition

May 16th NOA1 telling us they sent our case to California Service Center

June 23rd IMBRA RFE

Sept. 5th NOA2!!!!

Dec. 12th Interview at Consulate APPROVED!!!

Dec. 14th Visa received

2007

March 19th Move to the US!

AOS

June 15th Sent AOS and AED package

June 25th NOA1s for AOS and AED

July 21st Appointment for Biometrics

July 24th RFE (co-sponsor's passport copy) sent back

Sept. 10th EAD aproved

Sept. 12th EAD card received in the mail

Oct. 9th AOS Interview. APPROVED!!!

Oct. 19th GREEN CARD received!!

126 days!!!

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Russia
Timeline
We just got an RFE asking for the Co-sponsor's proof of US citizenship, so we need to send a copy of her passport.

I thought when i sent the papers to ask her for it just in case but thought she must have read the instructions and it's not necessary... I should have done it regardless!!

In the RFE it says "you are ineligible for interim employement authorisation pursuant to Title 8, code of federal regulations, Section 103.2 until 90 days after the missing initial evidence is received".

Does this mean my EAD is put to the back of the line again and the month since i first sent AOS doesn't count towards it? Does anyone know? I can live with the delay for the Green Card but having to start the 3 months over again for the EAD is a real pain.

Thanx

Sorry about the RFE :(

USCIS should change the wording on this RFE letter. They don't issue interim EAD's any more, so why even mention them? :wacko:

Your EAD will be put on hold from the moment the RFE was issued up to the moment they receive your response. It may take longer than 90 days since the time you filed, but shouldn't be too long.

Filed AOS from F-1
Green Card approved on 01/04/07
Conditions removed 01/29/09

Citizenship Oath 08/23/12

Link to comment
Share on other sites

I would assume when you send back the RFE information that your processing for AOS/EAD resumes. Just get the missing information as soon as possible.

We just got an RFE asking for the Co-sponsor's proof of US citizenship, so we need to send a copy of her passport.

I thought when i sent the papers to ask her for it just in case but thought she must have read the instructions and it's not necessary... I should have done it regardless!!

In the RFE it says "you are ineligible for interim employement authorisation pursuant to Title 8, code of federal regulations, Section 103.2 until 90 days after the missing initial evidence is received".

Does this mean my EAD is put to the back of the line again and the month since i first sent AOS doesn't count towards it? Does anyone know? I can live with the delay for the Green Card but having to start the 3 months over again for the EAD is a real pain.

Thanx

aaaaaaaaaaaaaaaaaaaaa

Link to comment
Share on other sites

We just got an RFE asking for the Co-sponsor's proof of US citizenship, so we need to send a copy of her passport.

I thought when i sent the papers to ask her for it just in case but thought she must have read the instructions and it's not necessary... I should have done it regardless!!

In the RFE it says "you are ineligible for interim employement authorisation pursuant to Title 8, code of federal regulations, Section 103.2 until 90 days after the missing initial evidence is received".

Does this mean my EAD is put to the back of the line again and the month since i first sent AOS doesn't count towards it? Does anyone know? I can live with the delay for the Green Card but having to start the 3 months over again for the EAD is a real pain.

Thanx

Sorry about the RFE :(

USCIS should change the wording on this RFE letter. They don't issue interim EAD's any more, so why even mention them? :wacko:

Your EAD will be put on hold from the moment the RFE was issued up to the moment they receive your response. It may take longer than 90 days since the time you filed, but shouldn't be too long.

Just a point of clarification - the EAD itself be it interim or valid for a year are both interim benefits. This letter is not specifically targeting the interim EAD. Interim benefits though, yes.

Basically the letter is saying your interim benefits will be stalled until apropriate response is received from the applicant. Some RFE's don't seem to delay processing of EADs though. Sorry I am unsure which ones wouldn't.

Link to comment
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
- 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...