Filed Dec 2023, No Response after RFE yet and now AP, is this normal? [merged threads]

[asleepydoctor 7]

Hi everyone!

 

I just had 2 quick questions. 

 

I filed for AOS after getting married on the K1 visa. I got my work permit shortly after but absolutely nothing in regards to the travel permit. 

 

We got an RFE because we submitted the I-864 for our joint sponsor (parents in law) without submitting one for my husband who is my sponsor because I thought we didn't need to do that. So we got an RFE and resubmitted an I-864 for my husband and I-864A for his dad & mom (they file everything together and the income on the tax records is their total income, both of which meet the requirements individually). But we haven't heard anything since and we sent our response in early March. From the limited knowledge I have, cases are approved quickly after RFEs but we have been waiting 2 months now. Is this normal? What is the average time on this?

 

I also wanted to travel back home to renew my passport. Is this a valid reason to ask for an expedited travel permit?

 

Thank you

Edited May 9 by TBoneTX

[OldUser 5,069]

14 minutes ago, asleepydoctor said:

I also wanted to travel back home to renew my passport. Is this a valid reason to ask for an expedited travel permit?

Many countries have consulates in the US and allow renewing passport either online, by mail or in person in consulate. Are you sure you cannot renew your passport without leaving the US?

[OldUser 5,069]

16 minutes ago, asleepydoctor said:

But we haven't heard anything since and we sent our response in early March. From the limited knowledge I have, cases are approved quickly after RFEs but we have been waiting 2 months now. Is this normal? What is the average time on this?

Normal. See processing times here: https://egov.uscis.gov/processing-times/

[K1visaHopeful 2,689]

1 hour ago, asleepydoctor said:

 

I filed for AOS after getting married on the K1 visa. I got my work permit shortly after but absolutely nothing in regards to the travel permit. 

Sounds about right as they are now separate processes and no longer offer combo cards.

1 hour ago, asleepydoctor said:

We got an RFE because we submitted the I-864 for our joint sponsor (parents in law) without submitting one for my husband who is my sponsor because I thought we didn't need to do that. So we got an RFE and resubmitted an I-864 for my husband and I-864A for his dad & mom (they file everything together and the income on the tax records is their total income, both of which meet the requirements individually).

Sponsor: own I864

Joint Sponsor: own I864

Joint Sponsor's Spouse (if you are using their income too or you cannot prove seperate incomes): I864a

 

If you submitted an I864a for your Joint Sponsor instead of an I864, you're likely waiting for another RFE (or NOID) which could be an indication of the extended wait. 

 

1 hour ago, asleepydoctor said:

But we haven't heard anything since and we sent our response in early March. From the limited knowledge I have, cases are approved quickly after RFEs but we have been waiting 2 months now. Is this normal? What is the average time on this?

What is the processing times for AP at your SC (which is the NBC for AP) according to the USCIS processing times website as listed on all receipt notices? That's your estimated wait. 

We could help you figure that out but you stopped filling out your VJ timeline before your K1 was even approved. 

Please return to it and fill it out as that info helps us to answer you and is also used to calculate approval statistics for VJ members. 

 

When you received your RFE and when others were approved is irrelevant. You can only go by the website's estimate as that's only when you are allowed to enquire.

What does it say when you input your case details into the website?

 

1 hour ago, asleepydoctor said:

I also wanted to travel back home to renew my passport. Is this a valid reason to ask for an expedited travel permit?

 

Thank you

Foreign passports can be applied for while in the US.

Death of a parent, sibling or child is the most common reason for expedite and a chance at approval. 

Edited May 7 by K1visaHopeful

[asleepydoctor 7]

52 minutes ago, K1visaHopeful said:

Sounds about right as they are now separate processes and no longer offer combo cards.

Sponsor: own I864

Joint Sponsor: own I864

Joint Sponsor's Spouse (if you are using their income too or you cannot prove seperate incomes): I864a

 

If you submitted an I864a for your Joint Sponsor instead of an I864, you're likely waiting for another RFE (or NOID) which could be an indication of the extended wait. 

 

What is the processing times for AP at your SC (which is the NBC for AP) according to the USCIS processing times website as listed on all receipt notices? That's your estimated wait. 

We could help you figure that out but you stopped filling out your VJ timeline before your K1 was even approved. 

Please return to it and fill it out as that info helps us to answer you and is also used to calculate approval statistics for VJ members. 

 

When you received your RFE and when others were approved is irrelevant. You can only go by the website's estimate as that's only when you are allowed to enquire.

What does it say when you input your case details into the website?

 

Foreign passports can be applied for while in the US.

Death of a parent, sibling or child is the most common reason for expedite and a chance at approval. 

Firstly, I appreciate your reply very much. Thank you for taking the time to reply!

 

I was totally unaware of that, I can't believe what a dumb mistake that is. I am now thinking of submitting a cover letter with the I-864 of my joint sponsor (which they initially had), onto unsolicited evidence. Do you recommend another way? My RFE has given me till May 23 to reply but I can't reply to it anymore on the myuscis site.

 

The wait for AP is around 12.5 months, but there have been several people that filed at the same time as I did that recieved combo cards or at least had a biometrics appointment for AP. I got a biometrics appointment for the EAD and AOS apps only.

 

I'm definitely not allowed to enquire anytime soon because the waiting time for the I-485 at chicago is around 20 months, but again, alot of people applying in dec/jan and even feb have already been approved. But it makes sense now that you mention my mistake. 

 

I was honestly hoping to travel and see my family for important events this month but it looks like that's impossible now. Yes I will update my timeline. Thank you!

[asleepydoctor 7]

1 hour ago, OldUser said:

Many countries have consulates in the US and allow renewing passport either online, by mail or in person in consulate. Are you sure you cannot renew your passport without leaving the US?

I can, I just miss home and want to visit my family and be there for important events.

[OldUser 5,069]

5 minutes ago, asleepydoctor said:

I can, I just miss home and want to visit my family and be there for important events.

It's not a valid reason to expedite. You got my sympathy, AOS is not an easy process. Seems like a spousal visa route would have been a better choice instead of K-1.

Edited May 7 by OldUser

[K1visaHopeful 2,689]

19 minutes ago, asleepydoctor said:

 

I was totally unaware of that, I can't believe what a dumb mistake that is. I am now thinking of submitting a cover letter with the I-864 of my joint sponsor (which they initially had), onto unsolicited evidence. Do you recommend another way? My RFE has given me till May 23 to reply but I can't reply to it anymore on the myuscis site.

I485, I131 and I765 can only be filed by mail therefore their responses to RFEs should be paper filed by mail as well. Regardless if you are able to respond online, it doesn't mean you are eligible to file online. Until USCIS updates their instructions, paper filed petitions should have paper filed RFEs responses. I stand by that strongly. 

You should mail your corrected BUT COMPLETE response.

19 minutes ago, asleepydoctor said:

 

The wait for AP is around 12.5 months,

Correct. Thank you for updating your timeline. 

The current wait is that for AP so everything right here:

19 minutes ago, asleepydoctor said:

but there have been several people that filed at the same time as I did that recieved combo cards or at least had a biometrics appointment for AP.

Doesn't matter. You can expect 12.5 plus months for 80% of all cases and more for the remaining 20%. Anything less is a gift.

19 minutes ago, asleepydoctor said:

I got a biometrics appointment for the EAD and AOS apps only.

Which is normal. They don't fingerprint for I131.

Combo cards are rare. 

 

19 minutes ago, asleepydoctor said:

I'm definitely not allowed to enquire anytime soon because the waiting time for the I-485 at chicago is around 20 months, but again, alot of people applying in dec/jan and even feb have already been approved. But it makes sense now that you mention my mistake. 

Processing times are for each form at each SC or LFO.

You can enquire online for EACH form when it tells you that you are eligble for THAT form type.

19 minutes ago, asleepydoctor said:

I was honestly hoping to travel and see my family for important events this month but it looks like that's impossible now. Yes I will update my timeline. Thank you!

Yvw! 

Edited May 7 by K1visaHopeful

[asleepydoctor 7]

4 minutes ago, K1visaHopeful said:

I485, I131 and I765 can only be filed by mail therefore their responses to RFEs should be paper filed by mail as well. Regardless if you are able to respond online, it doesn't mean you are eligible to file online. Until USCIS updates their instructions, paper filed petitions should have paper filed RFEs responses. I stand by that strongly. 

You should mail your corrected BUT COMPLETE response.

Correct. Thank you for updating your timeline. 

The current wait is that for AP so everything right here:

Doesn't matter. You can expect 12.5 plus months for 80% of all cases and more for the remaining 20%. Anything less is a gift.

Which is normal. They don't fingerprint for I131.

Combo cards are rare. 

 

Processing times are for each form at each SC or LFO.

You can enquire online for EACH form when it tells you that you are eligble for THAT form type.

Yvw! 

Oh! I didn't know that either. 

I will mail them then, thank you. Will I get a notice that says they received my response again after mailing it? Because my status changed to say so when I uploaded the RFE response on the site.

I should also add W2s and Tax forms AND form 1099, correct? 

 

Yes the I-485 processing time for Chicago Field office is 17.5 months, a long time from now! Hopefully things can be smoother from here onward. Its been such a long frustrating journey. 

 

Thanks again

13 minutes ago, OldUser said:

It's not a valid reason to expedite. You got my sympathy, AOS is not an easy process. Seems like a spousal visa route would have been a better choice instead of K-1.

Yeah tell me about it. Spousal was not an option for us back then and the processing times were quite long too. Oh well. Hope it ends soon

[OldUser 5,069]

9 minutes ago, asleepydoctor said:

the processing times were quite long too. Oh well. Hope it ends soon

Not when you consider the fact you're still waiting for GC. But I get it, cannot to back in time. Good luck and keep us posted!

[K1visaHopeful 2,689]

20 minutes ago, asleepydoctor said:

Oh! I didn't know that either. 

I will mail them then, thank you. Will I get a notice that says they received my response again after mailing it?

Status updates never have to occur.

They too, are a gift and are not guaranteed.

My I485 still says case received and I've had my GC for going on 5 years. 

20 minutes ago, asleepydoctor said:

I should also add W2s and Tax forms AND form 1099, correct? 

You should submit a COMPLETE answer to the RFE by mail as if you've never responded yet. Ensure you know what your RFE is asking.

Lots of posts on RFEs for I864 if you use the search bar.

[asleepydoctor 7]

3 hours ago, K1visaHopeful said:

Status updates never have to occur.

They too, are a gift and are not guaranteed.

My I485 still says case received and I've had my GC for going on 5 years. 

You should submit a COMPLETE answer to the RFE by mail as if you've never responded yet. Ensure you know what your RFE is asking.

Lots of posts on RFEs for I864 if you use the search bar.

Thank you

could I also attach a G1145? The notification of receipt paper?

[K1visaHopeful 2,689]

9 hours ago, asleepydoctor said:

Thank you

could I also attach a G1145? The notification of receipt paper?

Will make no difference.

G1145 offers a TEXT and/or EMAIL upon receipt. 

It has no connection to the status update website which is what you are asking about. 

AND G1145 is for applications not RFEs.

Your shipment tracking is all you get that is a guarantee. 

[asleepydoctor 7]

9 hours ago, K1visaHopeful said:

Will make no difference.

G1145 offers a TEXT and/or EMAIL upon receipt. 

It has no connection to the status update website which is what you are asking about. 

AND G1145 is for applications not RFEs.

Your shipment tracking is all you get that is a guarantee. 

Thanks! Yeah I know its different than the status update I just wanted a way to know when they've reviewed it. Got it!

 

I had one more question sorry to bother you, I was filing everything with the I-864 with the most tax year being 2022. can I still do so or should i now include 2023 since taxes were due for that year already? I just dont want to confuse them with new numbers

[K1visaHopeful 2,689]

28 minutes ago, asleepydoctor said:

 

I had one more question sorry to bother you, I was filing everything with the I-864 with the most tax year being 2022. can I still do

No.

28 minutes ago, asleepydoctor said:

so or should i now include 2023 since taxes were due for that year already? I just dont want to confuse them with new numbers

The AOS I864 documents for your financial sponsors that you filed prior is "wrong"/filled out incorrectly/will not be accepted. That's why you got an RFE in the first place.

They are an I864 PACKAGE because you have more than one sponsor.  Start your I864 package over from scratch. 

 

All new I864's and *I864a (*if you have to use an I864a because you cannot prove separate income for the JS and their spouse. If you CAN prove separate income never use the JS's spouse as a co-sponsor because the less sponsors the better due to less complications/ paperwork/ chance of confusion is always better. PS it's very easy to prove separate income for employed ppl with their income statements regardless if they filed joint taxes. The I864 instructions explain that. Ensure you've read them. #1 A married JS should always use income only never assets*) AND all new supporting financial documents with CURRENT info.

 

The current tax year IS 2023 as of April 15th and you are responding to the RFE after April 15th. 2022 is not the current tax year. So while you used 2022 taxes before because it was the current tax year, your adjudicator may or may not choose to allow it now. It's up to you but I'd always follow the route with the less chance of getting it wrong considering we know what is current right now. 

You aren't going to confuse them if you produce a CORRECT and COMPLETE Financial Support package for all of your sponsors especially when you outline your new submission with the changes on your COVERLETTER. 

Spell out exactly what is different and that you are starting over with a whole new package to avoid confusion. 

Start over.