HELP! Request for INITIAL Evidence

[Galateia 1]

We just got a Request for Initial Evidence.

The box checked off says "The joint sponsor [...] must be a US citizen, US National [ ... etc etc]. In order to process your application further, submit evidence of the joint sponsor's status".

#######?! Our joint sponsor is his dad, who is a US citizen, was our joint sponsor for our K-1, and surely all the proof and records he had to send in also show he is a citizen? They HAVE our K-1 package, right? They have his dad's IRS records, why the hell do they need SEPARATE proof all of a sudden that he is a USC??

Do we just send in a photocopy of his birth certificate or his passport to show that he is a citizen, or do we have to resubmit the whole flipping joint sponsor form along with the proof of citizenship?

This is a real blow and we are flipping out because it also says "The Service will process your Form I-765, Application for Employment Authorization within 90 days of the receipt of your missing evidence.

I take it this means our freaking EAD is going to be delayed by at least a month since we sent in our initial package July 2nd and it's now August 2nd, and possibly delaying it up to a full 90 days? This is BAD.

Please help, we were not expecting this complication and just want to know what we need to send in to get these wheels back in motion YESTERDAY.

[mabdelbaqi 0]

We just got a Request for Initial Evidence.

The box checked off says "The joint sponsor [...] must be a US citizen, US National [ ... etc etc]. In order to process your application further, submit evidence of the joint sponsor's status".

#######?! Our joint sponsor is his dad, who is a US citizen, was our joint sponsor for our K-1, and surely all the proof and records he had to send in also show he is a citizen? They HAVE our K-1 package, right? They have his dad's IRS records, why the hell do they need SEPARATE proof all of a sudden that he is a USC??

Do we just send in a photocopy of his birth certificate or his passport to show that he is a citizen, or do we have to resubmit the whole flipping joint sponsor form along with the proof of citizenship?

This is a real blow and we are flipping out because it also says "The Service will process your Form I-765, Application for Employment Authorization within 90 days of the receipt of your missing evidence.

I take it this means our freaking EAD is going to be delayed by at least a month since we sent in our initial package July 2nd and it's now August 2nd, and possibly delaying it up to a full 90 days? This is BAD.

Please help, we were not expecting this complication and just want to know what we need to send in to get these wheels back in motion YESTERDAY.

When you sent in your joint sponsor application did you send it a copy of his birth certificate or passport? Anything to show his citizenship? If you read the instructions you don't have to submit it for the first sponsor but for the joint sponsor you have to provide proof of citizenship. So the RFE isn't that big of a deal all you need to do is mail back a copy of either his birth certificate or passport with the RFE and they will be happy, and no you don't have to resubmit the whole packet just the evidence they are asking for. Good luck and hope this helps.

[Carlawarla 1]

Quite a few people have got an RFE for this for failing to send it in, in the original package. Processing will resume when you send back what they're requesting. Send a copy of his birth certificate, or passport. It's quite possible your K-1 package isn't with your AOS package or hasn't met up with it yet. Don't assume that because you sent it in once, it's still there.

Get it back quickly so they can resume processing. Then take a deep breath!

Edited August 2, 2008 by Carlawarla

[Galateia 1]

Okay, whew. Thanks everybody. So this means the EAD will only be delayed for as long as it takes us to get the info in, or does this mean that they will wait to process the whole thing from the beginning once they receive the requested info?

[Carlawarla 1]

My understanding is that once you get the information in, they resume processing. I've seen lots of people here on VJ get an RFE, get it back immediately, and then get their EAD in about a month after that. Might be longer, might be shorter...there are never any guarantees you know!

Looks like you sent your applications a little less than a month ago, so I suspect things will be back on track quickly.

Edited August 4, 2008 by Carlawarla

[Steph0814 1]

Hi there,

Well at least you got yours a month into the process. I got an RFE when I was supposed to be getting my EAD... 3MONTHS after I sent it in.

It starts processing again once they receive it. Good Luck !