Question about the timeline for "the stamp" and RFEs...

[Tomell 8]

OK, after 6 months of putting together everything and working with Boundless (Never Again) 😕

 

We are finally ready to file.

 

My question is this: I am being advised that a RFE is a pretty good likelyhood, so I am curious about something:

 

My understanding is that, once they get the application packet, in "5 to 7 months" my wife will receive "a stamp" that will allow her to travel freely, work here in the US, etc... My question is, would the request for RFE potentially come before, or after the issuance of "the stamp"?

 

Thanks all.

[IWander 581]

7 minutes ago, Tomell said:

OK, after 6 months of putting together everything and working with Boundless (Never Again) 😕

 

We are finally ready to file.

 

My question is this: I am being advised that a RFE is a pretty good likelyhood, so I am curious about something:

 

My understanding is that, once they get the application packet, in "5 to 7 months" my wife will receive "a stamp" that will allow her to travel freely, work here in the US, etc... My question is, would the request for RFE potentially come before, or after the issuance of "the stamp"?

 

Thanks all.

What immigration benefits exactly are you trying to achieve?

 

An RFE can come during the petition process.  There is no such thing as an intermediate "stamp" before the petition is approved or a visa is issued. 

 

It appears you are incredibly confused 

Edited December 13, 2023 by IWander

[pushbrk 12,137]

13 minutes ago, Tomell said:

OK, after 6 months of putting together everything and working with Boundless (Never Again) 😕

 

We are finally ready to file.

 

My question is this: I am being advised that a RFE is a pretty good likelyhood, so I am curious about something:

 

My understanding is that, once they get the application packet, in "5 to 7 months" my wife will receive "a stamp" that will allow her to travel freely, work here in the US, etc... My question is, would the request for RFE potentially come before, or after the issuance of "the stamp"?

 

Thanks all.

You are so confused, you have confused me.  This is the spouse visa forum of visajourney.com.  Nothing in your question makes any sense in that context.  Further, there are lots of sources of "advice".  File correctly, and there is LITTLE chance of an RFE.  There is NO chance of receiving any kind of a "stamp" in 5 to 7 months in a visa case.

Is your wife adjusting status from WITHIN THE USA?  Those are the conditions under which your post makes a little sense.

 

[powerpuff 5,916]

*** Topic moved from CR1/IR1 spousal visa forum (consular processing abroad) to Adjustment of Status (AOS) Work/Tourist/Student visas forum. Please post in this AOS forum as your spouse is inside the US adjusting status from a tourist visa, not waiting for an immigrant visa abroad. This greatly confuses members and also can result in incorrect advice given due to the confusion ***
 

21 minutes ago, Tomell said:

My understanding is that, once they get the application packet, in "5 to 7 months" my wife will receive "a stamp" that will allow her to travel freely, work here in the US, etc... My question is, would the request for RFE potentially come before, or after the issuance of "the stamp"?

The only way she can legally work and travel is if you have also concurrently (ie together with form I-485) applied for an Employment Authorization Document (EAD) which is form I-765 and Advance Parole (AP) which is form I-131.

 

RFE can can at any point in the process.

Edited December 13, 2023 by powerpuff

[Tomell 8]

My wife is here in the US, The application is to adjust status from a tourist visa to a spousal visa. The application is about to be submitted in the next day or so. My main question is: will we have to wait for the status adjustment to be completely finalized for my wife to be able to freely travel and/or work, or can she do these things during the application process?

 

 

10 minutes ago, IWander said:

What immigration benefits exactly are you trying to achieve?

 

An RFE can come during the petition process.  There is no such thing as an intermediate "stamp" before the petition is approved or a visa is issued. 

 

It appears you are incredibly confused 

 

[powerpuff 5,916]

1 minute ago, Tomell said:

The application is to adjust status from a tourist visa to a spousal visa

Spousal visas can only be obtained abroad at US consulates. She is adjusting status from a tourist visa to a lawful permanent resident. This is what confused everyone.

[Tomell 8]

3 minutes ago, powerpuff said:

*** Topic moved from CR1/IR1 spousal visa forum (consular processing abroad) to Adjustment of Status (AOS) Work/Tourist/Student visas forum. Please post in this AOS forum as your spouse is inside the US adjusting status from a tourist visa, not waiting for an immigrant visa abroad. This greatly confuses members and also can result in incorrect advice given due to the confusion ***
 

The only way she can legally work and travel is if you have also concurrently (ie together with form I-485) applied for an Employment Authorization Document (EAD) which is form I-765 and Advance Parole (AP) which is form I-131.

 

RFE can can at any point in the process.

 We did concurrently apply for these things...

[powerpuff 5,916]

3 minutes ago, Tomell said:

 We did concurrently apply for these things...

Okay, so she will receive an EAD card and an AP card or a combo card of two (less likely as they have largely discontinued those) which will probably take a few months, if not longer. I never ended up receiving them as i got my GC faster. You can see processing time for I-485 for your local field office (LFO) on USCIS website. 

Edited December 13, 2023 by powerpuff

[IWander 581]

2 minutes ago, Tomell said:

 We did concurrently apply for these things...

There is no intermediate stamp.  The I765 / I131 or the I485 (whichever happens first) need to be approved before she can travel or work

[JeanneAdil 6,214]

https://egov.uscis.gov/processing-times/

 

Looks like projection times for Indy are 20 months to AOS for family

 

Processing time for Application to Register Permanent Residence or Adjust Status (I-485) at Indianapolis IN

80% of cases are complete

80%80% of cases are completed within of cases are completed within

20

Months

d within

[Dashinka 23,275]

8 hours ago, Tomell said:

My wife is here in the US, The application is to adjust status from a tourist visa to a spousal visa. The application is about to be submitted in the next day or so. My main question is: will we have to wait for the status adjustment to be completely finalized for my wife to be able to freely travel and/or work, or can she do these things during the application process?

 

 

 

She can only work with either the EAD or GC along with her SSN.  She can travel and re-enter the U.S. after getting the AP or GC card.  There is no stamp, and you can expect a wait of many months before you see any movement.  You also mentioned in your OP that you are anticipating an RFE.  If you already know this, why not include that information in your initial filing to take care of it up front?

 

Good Luck!

Edited December 13, 2023 by Dashinka

[Crazy Cat 39,342]

9 hours ago, Tomell said:

My question is, would the request for RFE potentially come before, or after the issuance of "the stamp"?

An RFIE on the I-485 can place a hold on the Employment Authorization document.  That is because the I-485 is the basis for an EAD.  Once the RFIE has been cleared, process on the EAD would resume.

Edited December 13, 2023 by Crazy Cat

[beloved_dingo 1,934]

On what basis are you "being advised" that an RFE is likely? The large majority of filings do not get an RFE. For those that do get an RFE, it is either because the filer made a mistake and/or left out necessary documents/information OR because USCIS lost documents on their end. The first situation is easily preventable by being thorough, doing your research, asking questions here if there's any confusion, and double-checking everything before the packet is sent off. 

[Tomell 8]

2 minutes ago, beloved_dingo said:

On what basis are you "being advised" that an RFE is likely? The large majority of filings do not get an RFE. For those that do get an RFE, it is either because the filer made a mistake and/or left out necessary documents/information OR because USCIS lost documents on their end. The first situation is easily preventable by being thorough, doing your research, asking questions here if there's any confusion, and double-checking everything before the packet is sent off. 

The application includes a co sponsor (Income on the co-sponsor is good, my income, thanks to a bunch of health challenges is not) The letter from the joint sponsor will be 3 months and 3 or 4 days old at time of application. Boundless wanted it to be "newer" but my sister (the joint sponsor) kept getting guff from the boss for being asked to update the employment letter, so to avoid further delay, we went ahead and sent it)