Jump to content
mbluejay

Does problems with RFE for I-864 or Biometrics Failure affect EAD or I-131?

By mbluejay in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

 Share

13 posts in this topic

Recommended Posts

mbluejay Rookie

mbluejay   0

Posted
Filed: AOS (pnd) Timeline
Posted

Does problems with a RFE (I-864 based) or biometrics failure affect getting a EAD? I have outlined the situation with the RFE and biometrics.

1. We received a RFE (I-864) for supporting documentation for my spouse's income. We responded to the RFE two weeks ago and still have not received any confirmation that my case has resumed. I'm a bit concerned because the RFE wanted her to provide six months worth of pay stubs but she had only been working for one month at that time. In our response to the RFE, we included one month's worth of pay stubs and a letter of employment from her employer. We are worried that her one month worth of employment will not be good enough in the eyes of the USCIS, especially since she is working for a temp firm.

Does anyone think this will result in another RFE?

2. I had a lot of problems during my first and second biometrics appointment. The machine rejected nearly all of my fingerprint scans and the USCIS employee just kept on hitting the override button. After my first appointment, I received a letter asking me to go back for a second appointment because the FBI couldn't process my fingerprints. I went back today as a walk-in and the same thing happened again, 9 out of 10 of my fingerprint scans were rejected and the USCIS just hit the override button. When I pointed out that I failed the first exam because of the same situation, the USCIS employee told me that that was the best she could do and I shouldn't worry. :/

I have this feeling that this second appointment will fail and I'm not sure what the next step will be. I have read that some people get requested to go in for another appointment, while others have to get a police clearance report.

Does anyone have any idea if these two circumstances will affect my EAD application or getting an I-131? Thanks in advance for any responses or advice!

AOS (Married to USC)

6/18/10 - Mailed I-130, I-485, I-131, I-864, I-693, I-765

6/21/10 - Day delivered to Chicago Lockbox (Day 1)

6/25/10 - Email received (Day 4)

6/29/10 - NOA received (Day 8)

7/09/10 - Biometrics Notification received for 7/28/10 (Day 18)

7/19/10 - RFE Received (not sufficient evidence of spouse's income) (Day 28)

7/22/10 - RFE Response Sent (Day 31)

7/26/10 - RFE delivered to Missouri Lee's Summit Center (Day 35)

7/28/10 - Biometrics Completed on Appointment Date (Day 37)

8/05/10 - 2nd Biometrics Notification for 8/24/10 (Day 45)

8/06/10 - 2nd Biometrics Completed as a walk-in in the New York City Center (Day 46)

Last updated 8/10/10

*I have not received any sort of confirmation that my case is resumed and have had no "touches" since 6/25/10 on all the other parts of my application with the exception of my I-485 (the part that the RFE was requested for).

engineer21 Proficient

engineer21   51

Posted
Filed: Citizen (pnd) Country: Indonesia
 Timeline
Posted

Does problems with a RFE (I-864 based) or biometrics failure affect getting a EAD? I have outlined the situation with the RFE and biometrics.

1. We received a RFE (I-864) for supporting documentation for my spouse's income. We responded to the RFE two weeks ago and still have not received any confirmation that my case has resumed. I'm a bit concerned because the RFE wanted her to provide six months worth of pay stubs but she had only been working for one month at that time. In our response to the RFE, we included one month's worth of pay stubs and a letter of employment from her employer. We are worried that her one month worth of employment will not be good enough in the eyes of the USCIS, especially since she is working for a temp firm.

Does anyone think this will result in another RFE?

2. I had a lot of problems during my first and second biometrics appointment. The machine rejected nearly all of my fingerprint scans and the USCIS employee just kept on hitting the override button. After my first appointment, I received a letter asking me to go back for a second appointment because the FBI couldn't process my fingerprints. I went back today as a walk-in and the same thing happened again, 9 out of 10 of my fingerprint scans were rejected and the USCIS just hit the override button. When I pointed out that I failed the first exam because of the same situation, the USCIS employee told me that that was the best she could do and I shouldn't worry. :/

I have this feeling that this second appointment will fail and I'm not sure what the next step will be. I have read that some people get requested to go in for another appointment, while others have to get a police clearance report.

Does anyone have any idea if these two circumstances will affect my EAD application or getting an I-131? Thanks in advance for any responses or advice!

About the RFE case resume thing.. I have a stupid question..

Did you sign up for online status updates? Because that was the only way I ever got informed that my case had resumed processing.

There was no formal letter in the mail informing me of such.

The online case status update was sent to my email 2 days after USPS delivery confirmation of my RFE response

Don't know about the biometrics fail though, sorry!

Good luck with everything!

AOS 05/08/10 - sent05/14/10 - receipt date on NOAs - transferred to National Benefits Center06/14/10 - Biometrics Done - Lawrence, MA (original appt)07/26/10 - Interview - APPROVED!!07/30/10 - Welcome letter rec'd (notice date: 07/26)08/05/10 - Green Card (&EAD) Received! - 2 months and 28 days total!ROC 04/28/12 - ROC package sent05/03/12 - check cashed05/04/12 - NOA1 received - dated 05/01/1206/07/12 - Biometrics done02/07/13 - Approved (status update via text msg)02/14/13 - Ten year Green card receivedNaturalization07/26/13 - eligible (90 day window opened 4/27/13)02/24/14 - N-400 sent to Dallas03/04/14 - Check cashed & case accepted (update via txt & email)03/10/14 - Biometrics appt letter rec'd (scheduled for 03/28/13)03/28/14 - Biometrics done04/01/14 - In line for interview 04/03/14 - Case status change to scheduled for interview04/10/14 - interview letter rec'd 5/13/14 - interview 6/3/14 - in line for oath 6/30/14 - Scheduled for oath
Poline Explorer

Poline   0

Posted
Filed: Citizen (pnd) Country: Brazil
 Timeline
Posted

We are in the same boat, no updates, no "touches", no nothing...

10/08/2007 - Marriage

RESIDENCE

06/08/2010 - AOS sent
06/15/2010 - Email confirmation (AOS received)
06/17/2010 - checks cashed
06/23/2010 - NOA's received
06/26/2010 - Biometrics letter
06/30/2010 - RFE (website)
07/08/2010 - I-130 touched
07/08/2010 - I-131 touched
07/09/2010 - Biometrics done
07/12/2010 - I-485 touched
07/12/2010 - I-765 touched
07/14/2010 - RFE letter (they asked for the taxes again)
07/21/2010 - RFE sent
07/23/2010 - USPS delivery confirmation
08/07/2010 - NOA for the Interview (09/08/2010)

09/08/2010 - Interview (APPROVED)

NATURALIZATION

06/20/2013 - Application for Naturalization sent

06/21/2013 - Email from USCIS stating that they received my case

06/28/2013 - Fingerprint letter sent

07/02/2013 - Fingerprint letter received

07/15/2013 - Fingerprints taken

mbluejay Rookie

mbluejay   0

Posted
Filed: AOS (pnd) Timeline
  • Author
Posted

About the RFE case resume thing.. I have a stupid question..

Did you sign up for online status updates? Because that was the only way I ever got informed that my case had resumed processing.

There was no formal letter in the mail informing me of such.

The online case status update was sent to my email 2 days after USPS delivery confirmation of my RFE response

Don't know about the biometrics fail though, sorry!

Good luck with everything!

I signed up for online status updates. It's been two weeks since they received it and I have yet to get an email or a letter. :(

AOS (Married to USC)

6/18/10 - Mailed I-130, I-485, I-131, I-864, I-693, I-765

6/21/10 - Day delivered to Chicago Lockbox (Day 1)

6/25/10 - Email received (Day 4)

6/29/10 - NOA received (Day 8)

7/09/10 - Biometrics Notification received for 7/28/10 (Day 18)

7/19/10 - RFE Received (not sufficient evidence of spouse's income) (Day 28)

7/22/10 - RFE Response Sent (Day 31)

7/26/10 - RFE delivered to Missouri Lee's Summit Center (Day 35)

7/28/10 - Biometrics Completed on Appointment Date (Day 37)

8/05/10 - 2nd Biometrics Notification for 8/24/10 (Day 45)

8/06/10 - 2nd Biometrics Completed as a walk-in in the New York City Center (Day 46)

Last updated 8/10/10

*I have not received any sort of confirmation that my case is resumed and have had no "touches" since 6/25/10 on all the other parts of my application with the exception of my I-485 (the part that the RFE was requested for).

mbluejay Rookie

mbluejay   0

Posted
Filed: AOS (pnd) Timeline
  • Author
Posted

Oh, one thing I want to add is that on my first biometrics notification, the form said for I-485 and I-765 but the second biometrics notification only stated that it was for the I-485. So I'm hoping, that my fingerprint issues won't delay my EAD. One can hope......

AOS (Married to USC)

6/18/10 - Mailed I-130, I-485, I-131, I-864, I-693, I-765

6/21/10 - Day delivered to Chicago Lockbox (Day 1)

6/25/10 - Email received (Day 4)

6/29/10 - NOA received (Day 8)

7/09/10 - Biometrics Notification received for 7/28/10 (Day 18)

7/19/10 - RFE Received (not sufficient evidence of spouse's income) (Day 28)

7/22/10 - RFE Response Sent (Day 31)

7/26/10 - RFE delivered to Missouri Lee's Summit Center (Day 35)

7/28/10 - Biometrics Completed on Appointment Date (Day 37)

8/05/10 - 2nd Biometrics Notification for 8/24/10 (Day 45)

8/06/10 - 2nd Biometrics Completed as a walk-in in the New York City Center (Day 46)

Last updated 8/10/10

*I have not received any sort of confirmation that my case is resumed and have had no "touches" since 6/25/10 on all the other parts of my application with the exception of my I-485 (the part that the RFE was requested for).

mbluejay Rookie

mbluejay   0

Posted
Filed: AOS (pnd) Timeline
  • Author
Posted

Thanks for the responses. I guess I'll just have to be patient.

AOS (Married to USC)

6/18/10 - Mailed I-130, I-485, I-131, I-864, I-693, I-765

6/21/10 - Day delivered to Chicago Lockbox (Day 1)

6/25/10 - Email received (Day 4)

6/29/10 - NOA received (Day 8)

7/09/10 - Biometrics Notification received for 7/28/10 (Day 18)

7/19/10 - RFE Received (not sufficient evidence of spouse's income) (Day 28)

7/22/10 - RFE Response Sent (Day 31)

7/26/10 - RFE delivered to Missouri Lee's Summit Center (Day 35)

7/28/10 - Biometrics Completed on Appointment Date (Day 37)

8/05/10 - 2nd Biometrics Notification for 8/24/10 (Day 45)

8/06/10 - 2nd Biometrics Completed as a walk-in in the New York City Center (Day 46)

Last updated 8/10/10

*I have not received any sort of confirmation that my case is resumed and have had no "touches" since 6/25/10 on all the other parts of my application with the exception of my I-485 (the part that the RFE was requested for).

engineer21 Proficient

engineer21   51

Posted
Filed: Citizen (pnd) Country: Indonesia
 Timeline
Posted

Thanks for the responses. I guess I'll just have to be patient.

Hang in there!

Looks like the other member (Poline) up there finally got her interview appointment after no notification of case resuming..

The wait is terrible, but you'll hear something soon!

AOS 05/08/10 - sent05/14/10 - receipt date on NOAs - transferred to National Benefits Center06/14/10 - Biometrics Done - Lawrence, MA (original appt)07/26/10 - Interview - APPROVED!!07/30/10 - Welcome letter rec'd (notice date: 07/26)08/05/10 - Green Card (&EAD) Received! - 2 months and 28 days total!ROC 04/28/12 - ROC package sent05/03/12 - check cashed05/04/12 - NOA1 received - dated 05/01/1206/07/12 - Biometrics done02/07/13 - Approved (status update via text msg)02/14/13 - Ten year Green card receivedNaturalization07/26/13 - eligible (90 day window opened 4/27/13)02/24/14 - N-400 sent to Dallas03/04/14 - Check cashed & case accepted (update via txt & email)03/10/14 - Biometrics appt letter rec'd (scheduled for 03/28/13)03/28/14 - Biometrics done04/01/14 - In line for interview 04/03/14 - Case status change to scheduled for interview04/10/14 - interview letter rec'd 5/13/14 - interview 6/3/14 - in line for oath 6/30/14 - Scheduled for oath
Poline Explorer

Poline   0

Posted
Filed: Citizen (pnd) Country: Brazil
 Timeline
Posted

Hang in there!

Looks like the other member (Poline) up there finally got her interview appointment after no notification of case resuming..

The wait is terrible, but you'll hear something soon!

Yup!

Today I had a nice surprise! The USCIS letter was the only thing in my mail box!

Still no "online" updates.

We need to be patient...

10/08/2007 - Marriage

RESIDENCE

06/08/2010 - AOS sent
06/15/2010 - Email confirmation (AOS received)
06/17/2010 - checks cashed
06/23/2010 - NOA's received
06/26/2010 - Biometrics letter
06/30/2010 - RFE (website)
07/08/2010 - I-130 touched
07/08/2010 - I-131 touched
07/09/2010 - Biometrics done
07/12/2010 - I-485 touched
07/12/2010 - I-765 touched
07/14/2010 - RFE letter (they asked for the taxes again)
07/21/2010 - RFE sent
07/23/2010 - USPS delivery confirmation
08/07/2010 - NOA for the Interview (09/08/2010)

09/08/2010 - Interview (APPROVED)

NATURALIZATION

06/20/2013 - Application for Naturalization sent

06/21/2013 - Email from USCIS stating that they received my case

06/28/2013 - Fingerprint letter sent

07/02/2013 - Fingerprint letter received

07/15/2013 - Fingerprints taken

mbluejay Rookie

mbluejay   0

Posted
Filed: AOS (pnd) Timeline
  • Author
Posted

Thanks for the well wishes everyone. I'm hoping my second biometrics appointment will be good enough and I'll get that interview letter soon. :D

AOS (Married to USC)

6/18/10 - Mailed I-130, I-485, I-131, I-864, I-693, I-765

6/21/10 - Day delivered to Chicago Lockbox (Day 1)

6/25/10 - Email received (Day 4)

6/29/10 - NOA received (Day 8)

7/09/10 - Biometrics Notification received for 7/28/10 (Day 18)

7/19/10 - RFE Received (not sufficient evidence of spouse's income) (Day 28)

7/22/10 - RFE Response Sent (Day 31)

7/26/10 - RFE delivered to Missouri Lee's Summit Center (Day 35)

7/28/10 - Biometrics Completed on Appointment Date (Day 37)

8/05/10 - 2nd Biometrics Notification for 8/24/10 (Day 45)

8/06/10 - 2nd Biometrics Completed as a walk-in in the New York City Center (Day 46)

Last updated 8/10/10

*I have not received any sort of confirmation that my case is resumed and have had no "touches" since 6/25/10 on all the other parts of my application with the exception of my I-485 (the part that the RFE was requested for).

  • 3 months later...
ivory Contributor

ivory   1

Posted
Filed: Country: Philippines
 Timeline
Posted

Thanks for the well wishes everyone. I'm hoping my second biometrics appointment will be good enough and I'll get that interview letter soon. :D

Hi there. We are also on the same boat as yours. I need to have my fingerprints retaken for my I-485 because the FBI cant read it. You had this notice ahead of me and already went to your second biometrics. How was it? Does it cause any delay on your EAD or AOS interview? Any updates from you will be greatly appreciated. We are getting worried about this whole situation. Thanks a lot.

VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted
Hi there. We are also on the same boat as yours. I need to have my fingerprints retaken for my I-485 because the FBI cant read it. You had this notice ahead of me and already went to your second biometrics. How was it? Does it cause any delay on your EAD or AOS interview? Any updates from you will be greatly appreciated. We are getting worried about this whole situation. Thanks a lot.

As other people stated YES an RFE relays your EAD or AOS.

Second biometrics will also delay your EAD because they put your fingerprint on the card, without a good print they can't issue the card. AOS will also be delayed because biometrics is an integral part of the process and if you fail and need to do it again then what's the point of booking an interview until it's done.

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...