RFE mailed today, a couple questions

[garnet80 1]

Hello,

After a successful K-1, wedding, we sent our AOS and EAD in, got our NOA-1's, and tomorrow is the biometrics. I happened to look at our status at the uscis page tonight, and saw an RFE was mailed today for the AOS.

I am guessing this will grind my husbands issuance of a work permit to a halt until we either fix it to their satisfaction, or we fail?

I'm absolutely freaked. I (the USC) have been out of work on medical leave for pretty bad blood clots up and down my hand/arm, and then found out I'm expecting our first. We are sharing a home with my mother (joint sponsor), but she can't continue to pay the way... She makes over the guidelines for the 3 of us, but to afford this house, bills, it has to be a joint effort.

I am without medical insurance, was hoping to get on the policy of whatever my husband gets at his first job here. I am only 5 weeks along, so that isn't a huge issue just yet.

We spent all of our savings getting him here... the visa, the travel, and the AOS application fee.

I suppose it's pointless for me to try and speculate what it's about. I'll know when it gets here. But if we don't fix it properly, he has to leave the country right? Then what? I know I'm getting ahead of myself here, but wow are we going to be in a mess if this isn't an easy fix, or we don't understand exactly how to resolve the issue.

Thanks for any thoughts.

Edited October 8, 2010 by garnet80

[VanessaTony 3,567]

Well if he's denied you have the chance to appeal. There is of course more money involved.

Typically RFE's are for the I-864 (forgetting W2, or proof of citizenship for co-sponsor) or the I-693 (they've lost your medical, or you're missing shots). Could also be something really simple like the pics are the wrong size, the cheque's made out wrong etc. You are correct that his EAD is halted while they wait for the RFE response.

Have you considered requesting an expedite for the EAD? With the RFE it'll wait till you reply but you can ask for an expedite. There's a few threads on here about it.

Good luck!

Edited October 8, 2010 by Vanessa&Tony

[garnet80 1]

Well if he's denied you have the chance to appeal. There is of course more money involved.

Typically RFE's are for the I-864 (forgetting W2, or proof of citizenship for co-sponsor) or the I-693 (they've lost your medical, or you're missing shots). Could also be something really simple like the pics are the wrong size, the cheque's made out wrong etc. You are correct that his EAD is halted while they wait for the RFE response.

Have you considered requesting an expedite for the EAD? With the RFE it'll wait till you reply but you can ask for an expedite. There's a few threads on here about it.

Good luck!

Thank you for your reply. We sent in nothing but tax transcripts for the past 3 years, 3 for myself, 3 for my mom. I thought that was acceptable but maybe it wasn't? I did at the tail end remember to add both of our US birth certificates. Oh and they cashed the check, which I saw how to write out properly lol, thankfully! I did have to redo it before mailing, I made dreadful mistakes in the" _____dollars" line hehe. I'm so glad I caught that at least.

The medical worries me... our civil surgeon was not someone we felt comfortable with. He ripped us off big time, and we walked away with no faith he did whatever was in that sealed envelope correctly. He was the only one in our half of the state we could locate. >.< I am pretty sure he's had all of his shots, back in Canada, he had to get almost every single one for his age bracket since he didn't get them as a child. Losing his medical, that wouldn't surprise me though.

I wasn't aware you could request an expedite for the EAD. Thank you for the tip. It looks like we just contact our congressman (then provide whatever is requested from them) from a search of the threads? I guess we will get on that as soon as we see what the RFE is for, that seems most logical?

The baby was a surprise... we wanted one, but obviously after my husband was working and we had insurance. I'm terrified to get any public assistance (although I would qualify due to making so little at my job) such as medicaid, I have never been on public assistance in any fashion, and it sure doesn't seem like the time to apply.

I will post what they want, and what we come up with as an answer, hopefully we can get some feedback, since as I understand it, you get one shot to fix things, and if you don't do it right, case denied? Or an appeal, over $500US? Yikes. I am in pregnancy hormone hell scared that he will be sent back to Canada, and I will have to have the baby without him. Not to mention work when I was medically advised not to (I don't qualify for temp disability from my job, nor social security), with the new thrills of throwing up every 5 minutes.

Okay, thanks for letting me ramble on. Again, your reply is much appreciated.

[VanessaTony 3,567]

Just remember you are eligible for WIC. The baby is a USC so no problems there

[garnet80 1]

Just remember you are eligible for WIC. The baby is a USC so no problems there

I would be just as scared to apply for that as for medicaid though... even though the baby and I (mom to be) are USC, it just doesn't seem like it would look very good with our already troubled (?) case. I guess depending on the outcome of things, it could be in our future though. That plus medicaid sure are not the way I hope to go.

I wonder how long it takes them to check over a sent back RFE and get the ball rolling again. If we do it right, at least the biometrics will be done...

[VanessaTony 3,567]

I would be just as scared to apply for that as for medicaid though... even though the baby and I (mom to be) are USC, it just doesn't seem like it would look very good with our already troubled (?) case. I guess depending on the outcome of things, it could be in our future though. That plus medicaid sure are not the way I hope to go.

I wonder how long it takes them to check over a sent back RFE and get the ball rolling again. If we do it right, at least the biometrics will be done...

1. It has nothing to do with the AOS case, they have no need to know and how would they know?

2. You're are perfectly entitled to it and I don't think i've ever read it's a bad thing.

Ultimately it's up to you. I would:

1. Wait for the RFE and reply to that

2. Then once processing has resumed, request an expedite for EAD

3. Get on WIC for both you and your baby's health/well-being

[garnet80 1]

1. It has nothing to do with the AOS case, they have no need to know and how would they know?

2. You're are perfectly entitled to it and I don't think i've ever read it's a bad thing.

Ultimately it's up to you. I would:

1. Wait for the RFE and reply to that

2. Then once processing has resumed, request an expedite for EAD

3. Get on WIC for both you and your baby's health/well-being

You make a good case. The health of the baby is of course something I take very seriously, so your list makes a lot of sense. I can still afford healthy food right now, but if the time comes that I can't, I will apply for WIC. Thank you for your help and thoughts on this.