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~ameriptian~

Can an AOS RFE Hold Up EAD/AP Approval?

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

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Bibi and Beebti Explorer

Bibi and Beebti   4

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

We applied for AOS on June 22nd, 2010. We received a RFE notification on August 3rd, 2010. My EAD and AP haven't been touched over two weeks before the RFE notification. Is it possible that the AOS RFE could be holding up the EAD and AP applications?

Hi,

What was the RFE regarding....was this mentioned to you guys ?

K1 timeline
- K1- I-129F filed.....09/December/2009
POE: New York.....23/June/2010- temporary employment stamped into passport
GOT MARRIED =) .....04/August/2010

AOS timeline
- Filed AOS,EAD, and AP all together.....11/September/2010
- EAD received .... 11/November/2010
- AP in hand 14/December/2010
- AOS approved 01/April/2011
- Greencard in hand 09/April/2011

Removing Conditions

- Filed I-751..... 21/January/2013

- Received NOA- Conditional Status extended for one year.....28/January/2013

- NOA failed Biometrics - re-scheduled for a 2nd time in August (GRRRR).....15/July/2013

- 2nd Biometrics.....08/August/2013

- RFE-Fingerprints non-readable TWICE -need to provide police clearances......17/October/2013

- APPROVED- Finally- no interview, or further RFE's. Submitted request through Ombudsman early January. Approval 15/January/2014

Naturalization

- Filed N-400....15/March/2014

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~ameriptian~ Proficient

~ameriptian~   54

Posted
Filed: Lift. Cond. (apr) Country: Egypt
 Timeline
  • Author
Posted

Unfortunately, any answers you get from USCIS's 1-800 number are about as reliable as flipping a coin.

Empirical evidence, as posted by many members over the years, indicates that an RFE for the AOS does hold up the EAD.

The actual USCIS policy states that an RFE for initial evidence (for the I-485) will reset the 90 day clock, while a RFE for additional evidence suspends the 90 day clock until the response is received.

Exactly!

Every question I asked, I got an answer for that I haven't read on the USCIS website. In fact, the representative asked for 30 seconds between each question to do some clicks here and there to get me the answers. Nothing case-specific at all, every answer was canned and preserved. LOL

I was advised by the same representative to make any info-pass appointment or contact a lawyer for case-specific questions...

ROC Timeline

8/1/12: ROC window opens
9/4/12: ROC packet sent
9/8/12: ROC packet delivered to VSC
9/12/12: Check cashed
9/14/12: NOA letter received (NOA dated 9/10/12)
9/20/12: Biometrics letter received (Bio appointment 10/15/12)
10/12/12: Early biometrics walk-in

4/27/13: RFE received

6/17/13: RFE response sent

7/1/13: ROC petition approved

7/5/13: GC received in the mail.

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~ameriptian~ Proficient

~ameriptian~   54

Posted
Filed: Lift. Cond. (apr) Country: Egypt
 Timeline
  • Author
Posted

Hi,

What was the RFE regarding....was this mentioned to you guys ?

It's regarding form I-864. http://www.visajourney.com/forums/topic/270594-questions-regarding-rfe-reply/

ROC Timeline

8/1/12: ROC window opens
9/4/12: ROC packet sent
9/8/12: ROC packet delivered to VSC
9/12/12: Check cashed
9/14/12: NOA letter received (NOA dated 9/10/12)
9/20/12: Biometrics letter received (Bio appointment 10/15/12)
10/12/12: Early biometrics walk-in

4/27/13: RFE received

6/17/13: RFE response sent

7/1/13: ROC petition approved

7/5/13: GC received in the mail.

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~ameriptian~ Proficient

~ameriptian~   54

Posted
Filed: Lift. Cond. (apr) Country: Egypt
 Timeline
  • Author
Posted

Thank you GC2010, Cptrosco, Licia, and Eli for sharing your experiences.

Hopefully, our case will get back on track soon...

ROC Timeline

8/1/12: ROC window opens
9/4/12: ROC packet sent
9/8/12: ROC packet delivered to VSC
9/12/12: Check cashed
9/14/12: NOA letter received (NOA dated 9/10/12)
9/20/12: Biometrics letter received (Bio appointment 10/15/12)
10/12/12: Early biometrics walk-in

4/27/13: RFE received

6/17/13: RFE response sent

7/1/13: ROC petition approved

7/5/13: GC received in the mail.

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