Received a RIE but also received AP

[JKIS 0]

hey everyone,

i have requested an adjustment of status (I-485, as well as Advance Parole and work permit) from a K-1 visa. i have taken my biometrics already but received an Request for Initial Evidence regarding a question about my wife's employment. they stated in the notice that they couldn't proceed with my case or work authorization if i didn't respond with what they asked for. so i responded, sent them the documentation asked for, and explained the situation. i just received an approval notice for Advance Parole but not for my work permit.

usually immigration sends everything together so does this mean that they are not going to approve my work authorization and deny my adjustment application? has this happened to anyone before?

any advice regarding RIE's would be great.

[Kathryn41 3,205]

All three applications are processed separately and it is quite normal to receive approvals for each at different times. Since you responded to the Request for Information providing them with what they need, they have resumed processing on your EAD and your AOS and have completed processing on the AP. You should receive your EAD soon.

btw - I am removing your duplicate thread so you will get all the answers here.

[JKIS 0]

All three applications are processed separately and it is quite normal to receive approvals for each at different times. Since you responded to the Request for Information providing them with what they need, they have resumed processing on your EAD and your AOS and have completed processing on the AP. You should receive your EAD soon.

btw - I am removing your duplicate thread so you will get all the answers here.

Thanks a lot Kathryn. I was expecting them to send me a notice indicating that they will continue processing my case. I guess it doesn't work that way. Hopefully my EAD arrives soon.

[TracyTN 237]

They may send you a notice - but then again, they may not. How long has it been since they received the evidence you sent?

[JKIS 0]

They may send you a notice - but then again, they may not. How long has it been since they received the evidence you sent?

I received the RIE on September 19, 2009 and sent my letter with the attached evidence on October 5, 2009.

Basically, my wife's tax return for 2008 shows that she was employed and in the affidavit of support that we sent with AOS, we indicated that she was self-employed (which she was at the time we submitted the package). They're asking for a tax return indicating self-employment for 2008. We wrote a letter explaining the situation as well as submitting evidence of her current employment situation. We have a joint sponsor as well so I'm hoping there won't be an issue.

[TracyTN 237]

I guess I'm confused. If she is self employed, she'd still have to file taxes - if she was working for an employer during that year as well, then both should be listed on her tax return (as far as I understand). Or she'd pay tax estimates during the year for her self employed income which should then be reflected on her end of year tax return.

But at any rate - sometimes case statuses online will show that the RFE materials have been received and processing has resumed but that may be a moot point if you've been unable to track the case online. Beyond that, I'm not sure they send out letters stating the same anymore - has anyone else heard if they do or not?

[JKIS 0]

I guess I'm confused. If she is self employed, she'd still have to file taxes - if she was working for an employer during that year as well, then both should be listed on her tax return (as far as I understand). Or she'd pay tax estimates during the year for her self employed income which should then be reflected on her end of year tax return.

But at any rate - sometimes case statuses online will show that the RFE materials have been received and processing has resumed but that may be a moot point if you've been unable to track the case online. Beyond that, I'm not sure they send out letters stating the same anymore - has anyone else heard if they do or not?

My wife worked for an employer for all of 2008. Beginning in 2009, she became self-employed and was working on her own. That didn't work out so she is now employed by a different employer. I guess immigration was expecting to receive proof of her self-employment since we indicated that she was. But, as I've explained, she has not received a 2009 tax return so we could not have sent that with the affidavit of support.

I just checked my case status online (didn't know I could do that), and it shows that my AP is approved and they're also producing my work authorization card. I should receive it within 3 weeks. However, it's showing that my I-485 is still in the R.I.E stage and it's being processed. Would they approve my work authorization if they were not going to continue processing my AOS? Do you think my R.I.E has been satisfied? If so, why haven't they indicated that a decision has been reached?

[TracyTN 237]

My wife worked for an employer for all of 2008. Beginning in 2009, she became self-employed and was working on her own. That didn't work out so she is now employed by a different employer. I guess immigration was expecting to receive proof of her self-employment since we indicated that she was. But, as I've explained, she has not received a 2009 tax return so we could not have sent that with the affidavit of support.

I just checked my case status online (didn't know I could do that), and it shows that my AP is approved and they're also producing my work authorization card. I should receive it within 3 weeks. However, it's showing that my I-485 is still in the R.I.E stage and it's being processed. Would they approve my work authorization if they were not going to continue processing my AOS? Do you think my R.I.E has been satisfied? If so, why haven't they indicated that a decision has been reached?

I gotcha - I obviously can't read! I thought you said she had self employed income in 2008. But yeah, she wouldn't have a tax return for 2009 yet!

AP and EAD are known as 'benefits' of the AOS process, and they are thus processed on separate timelines and in separate places - the NBC (National Benefits Center) instead of the service center.

It is quite possible that they may interview you for your AOS, so there's no reason to believe that you'd be approved for the green card as soon as they receive the RFE information. If you happen to be one of the ones approved for AOS without interview, even after receiving the RFE, they will need some time with the RFE information to decide that you can indeed be approved.

ETA If they said your EAD would not be processed until they received the RFE, and now your seeing 'card production ordered' for EAD, I'd say your AOS processing is being resumed as well.

Edited October 27, 2009 by TracyTN

[JKIS 0]

My wife worked for an employer for all of 2008. Beginning in 2009, she became self-employed and was working on her own. That didn't work out so she is now employed by a different employer. I guess immigration was expecting to receive proof of her self-employment since we indicated that she was. But, as I've explained, she has not received a 2009 tax return so we could not have sent that with the affidavit of support.

I just checked my case status online (didn't know I could do that), and it shows that my AP is approved and they're also producing my work authorization card. I should receive it within 3 weeks. However, it's showing that my I-485 is still in the R.I.E stage and it's being processed. Would they approve my work authorization if they were not going to continue processing my AOS? Do you think my R.I.E has been satisfied? If so, why haven't they indicated that a decision has been reached?

I gotcha - I obviously can't read! I thought you said she had self employed income in 2008. But yeah, she wouldn't have a tax return for 2009 yet!

AP and EAD are known as 'benefits' of the AOS process, and they are thus processed on separate timelines and in separate places - the NBC (National Benefits Center) instead of the service center.

It is quite possible that they may interview you for your AOS, so there's no reason to believe that you'd be approved for the green card as soon as they receive the RFE information. If you happen to be one of the ones approved for AOS without interview, even after receiving the RFE, they will need some time with the RFE information to decide that you can indeed be approved.

ETA If they said your EAD would not be processed until they received the RFE, and now your seeing 'card production ordered' for EAD, I'd say your AOS processing is being resumed as well.

Thanks for the information. I'm hoping our assumption is correct and that the process has continued. I can't see them approving both my AP and EAD if they were not going to proceed with my AOS. I'll let you know what happens.

[JKIS 0]

I just received my appointment letter from Immigration!!!! My interview date is set for November 30, 2009. Pretty quick considering I filed in September and had the RFE issue. Thanks for your help everyone!

Any advice on the interview??? My wife and I just had our baby and I'm assuming that bringing her to the interview won't be a problem.

[TracyTN 237]

Told ya!

Oh and http://www.visajourney.com/forums/index.ph...p;page=exampleq

for what to expect at the interview. It's all on this site if you'll just browse around.

[JKIS 0]

Told ya!

Oh and http://www.visajourney.com/forums/index.ph...p;page=exampleq

for what to expect at the interview. It's all on this site if you'll just browse around.

Thanks Tracy