haroldpburton

3 hours ago, ra0010 said:

OP, just to be clear, what did the RFE state? Was it specifically a RFE? Because from what I know, when you submit an outdated form, they don’t send RFE. Rather, they reject the package and so you have to start all over again, send the new forms, etc etc. And the time frames for that are different than a RFE.

I don’t have it in front of me, but it said that we had either used an outdated form OR my wife needed to provide a long form birth certificate. The weird part is that we did have any outdated forms and we did use her full birth certificate the first time. We resubmitted everything the same as the first time, making sure all the forms were up to date and her birth certificate was right. But it was an RFE. It was really confusing to us.

11 minutes ago, Gomast said:

No. You can submit a request for outside normal processing times.

I am experiencing a similar situation. And I submitted multiple outside normal processing times (and expediting requests), both for the I-765 and for the I-485.

 

Have you had any luck after submitting that?

5 minutes ago, mushroomspore said:

No problem. Hey, I (and everyone else on this website) have been there. Even without COVID, this is still a stressful long agonizing process. Because they're a federal agency dealing with matters of national security, USCIS basically are just radio-silent towards applicants. I can totally understand why. But obviously, that doesn't make it any easier for us normal folk who are just trying to live our lives with our loved ones haha. Anyway, keep the senator thing in your back pocket for now...keep us updated as things move along. FYI, my husband and I filed our I-751 back in August...not a word or peep about our biometrics appointment. Smh. T_T

Covid has truly thrown a wrench into our lives in regards to immigration. I’m thankful every single day that my wife came here before the pandemic truly started. She entered the US with her K1 visa in the first week of March. Had we waited any longer, who knows what would’ve happened. It’s tough being the only income and I know she’s bored at home all the time, but I’m so grateful to have her here in the states during the pandemic. I know it’ll take a while before she can work and travel but at least she’s here now, you know?

I will certainly keep you updated. Super appreciative of all your help!

2 minutes ago, mushroomspore said:

I am not sure about that specific detail as I've not heard about that and my own AoS happened a few years ago. 

 

But I will note that you have a couple options if you receive no updates about your case in the next few months. I'd give it until March or so. I'm guessing you've also signed up for the online notifications?? I also strongly suggest signing up for USPS Informed Delivery if you haven't.

 

1. You can reach out to the USCIS Ombudsman. "Ombudsman" is a term that describes a person that can act as a communication channel. There are ombudsman for all kinds of things. Just Google "USCIS Ombudsman", fill out the form about your case and ask that they look into the EAD/AP status. The only thing about the USCIS Ombudsman is that they can take a long time to get back to you.

 

OR--

 

2. Google your area's Senator or Congressional representative. Go to their website and look for the page or sub-menu that says something like, "Help with a Federal Agency". They will have a form similar to the USCIS Ombudsman's form about requesting assistance with your case. But the results of reaching out to a government official varies, depending on your area/state's political leaning. I live in California, so my senator was Senator Kamala Harris. She technically is the California senator, but obviously she won't be for much longer. Her office did get back to me in a timely manner about my case and I do think they helped move a couple things ago. But I know someone in Texas who reached out to Senator Ted Cruz in a fit of desperation after not hearing from USCIS about their case. Cruz's office never responded. (I cannot write what I really think of Ted Cruz on this website because I'd get a lifetime ban LOL).

 

It's best if you only contact the Ombudsman OR a government official. Don't contact both at the same time. It's up to you which way you wanna go. But for now, the EAD/AP is still technically within normal processing times so there's no point in reaching out yet. 

This is SO helpful, I really appreciate you taking the time to answer all my questions. Since I live in Oregon, I think I could have some luck reaching out to a senator if it gets to that point. Understood about the Texas comment, lol. I’ll give it until March and decide from there. Thank you so much for your insight.

Just now, mushroomspore said:

Nope. Again, if there was any way to speed things up with a government agency, all applicants would be doing/requesting that method. And yeah, with COVID, expect for a longer-than-usual wait.

That makes sense. I think I read somewhere that if your RFE hasn’t been touched after 90 days, you can inquire about having it expedited - is that true?

1 minute ago, mushroomspore said:

Yes they don't approve EAD/AP if you've got a pending RFE on the I-485. The EAD/AP is dependent on the I-485 being given the "all-clear", so to speak. But even after you submit for the RFE, it's unclear how long the EAD/AP will take to be approved.

Is there any way to speed up that pending RFE? They received it on 11/27 so I’m sure they haven’t even opened it yet. Just curious.

1 minute ago, mushroomspore said:

Probably this year. But hard to say when exactly. Mine took 8 months back in 2017-2018. COVID really put a wrench in everything. Expedite requests are available but you need to fall under one of the categories/requirements and must provide evidence. See below.

 

https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request

Do you have any idea if our pending RFE on our I-485 will hold this up? Should we be trying to get that resolved?

6 minutes ago, mushroomspore said:

No way to speed it up. Otherwise, everyone would be requesting that. It is what it is. 

Understood. So if you had to guess: will she get her combo card sometime this year? Next year?

10 minutes ago, Luckycuds said:

It took our cousin 10 months-from Pennsylvania.  Applied February 2020 and received it December 2020. (If working is a priority one should never chose k1)

Wish I had known that when we began this, but we’re stuck now. Is there any way to speed this up or do we just have to wait?

19 minutes ago, HRQX said:

It can vary wildly. One factor is if your local ASC has a backlog for biometric appointments because in the beginning of the pandemic ASCs were closed for a few months.

Is there any way to tell if our local ASC is backed up? We live in Portland OR. Do you think there’s any chance she could get her combo card within the next few months or is next year more likely?

Just now, HRQX said:

Did the EAD/AP application include a copy of I-485 receipt notice?

Yes. In the package I sent them was the EAD application, AP application, a copy of the I-485 receipt notice, and my wife’s passport photos.

Background: I’m a US citizen. Wife came to the US on a K1 visa in March 2020, we got married in May 2020, and applied for AOS in August 2020. We received a notice from USCIS in October that we had used an out of date form and needed to resubmit, so we did. They received our resubmission on 11/27. We then realized we could apply for her EAD/AP so she can begin working while we wait for her green card. That application was sent at the end of December and delivered to the Chicago lockbox this week. We have yet to receive a notice of receipt for that, which I assume will come within the next few weeks.

I have a few questions. First, when do you think we may get her EAD/AP so she can begin working? I’m seeing some people say at least a year - I truly hope it’s sooner than that. Second, we still haven’t heard anything about our resubmission of her AOS. At what point can we inquire about that? 90 days? Finally, is it true that her EAD/AP won’t move until the RFE is satisfied? In that case, should we push to get that taken care of ASAP? If so, how?

Thanks in advance!