PLZZ TAKE A MIN, I NEED YOUR SUGGESTIONS. THANKS

[dudeinTriBeCa 38]

I am in a situation I really don't know what to do... in January I filed my I-130 only. At the time I didn't have enough funds to shell out for the entire application but in February I caught up financially. However just at the moment I was gonna get ready to file my I-485 and the rest of the application, my sister-in-law who was gonna be our joint sponsor traveled abroad. A trip we thought was gonna last for a month at the max has stretched out to 3months and she's not yet back!!! It's April already, all my AOS documents has been sitting in the drawer just waiting for her to return so she can provide her income and tax documents then fill her part of the application for us to mail off.

I am tired of waiting and right now im pressed to get this rolling, to at least have the biometrics done and hope she'll be back on/before I get an RFE for the lacking Affidavit of Support from Joint Sponsor. My questions are without the joint sponsor's info will my application be rejected and returned right at the lockbox facility before they even process it? And is getting a biometric appointment AT LEAST, dependent on filing all other AOS documents completely? Finally is the EAD application adjudicated independently of the I-485 & Affidavit of Support?? I mean I have every single thing in order, even my spouse's tax and income documentation (which just happens to be insufficient).

I know some of you all would say I should wait but I don't want to cos my I-20 is very close to expiration and I wanna get in the system before this happens. I dont care about getting an RFE later down the road.

What are your thoughts and/or suggestions??? Please help a brutha out... Thank you

[dudeinTriBeCa 38]

****bump***** Pls any suggestions.... Plzzzzzzzzzzzzzzzz

[doaswedo 0]

When the application is not complete, they will send you RFE.

[aussie_jason 195]

You would likely get an RFE for initial evidence, which would pause your case until you responded and if you didn't respond in time then your case would be denied, which would result in losing the $1070 and having to pay it again when refiling.

Can't your sister-in-law provide the details from abroad? Signing it would be a pain though as she would need to print and then mail it back to you but it shouldn't be that difficult, she has less than 2 weeks to file her 2013 taxes anyway so she has to be at least dealing with that. What about an alternate joint sponsor?

[dudeinTriBeCa 38]

I really don't care about getting an RFE (im aware u get a timeframe to respond)... my main goal is to get in my application first so USCIS can have or accept it... then if they wanted they can send the RFE for the missing joint sponsor information and hopefully before they even get to that stage she must have returned then I send it in. U have no idea I am really running outta time and getting an alternate joint sponsor at this point isn't really an option cos the others we know that might be able to help are too shady. My sister-in-law is the only trusted person that is very capable. Brings me back to my original question - does an RFE hinder the applicant from at least being able to do the biometrics which is the very first process and/or does the RFE come before/after Biometrics?? Thank you

[kzielu 1,149]

I really don't care about getting an RFE (im aware u get a timeframe to respond)... my main goal is to get in my application first so USCIS can have or accept it... then if they wanted they can send the RFE for the missing joint sponsor information and hopefully before they even get to that stage she must have returned then I send it in. U have no idea I am really running outta time and getting an alternate joint sponsor at this point isn't really an option cos the others we know that might be able to help are too shady. My sister-in-law is the only trusted person that is very capable. Brings me back to my original question - does an RFE hinder the applicant from at least being able to do the biometrics which is the very first process and/or does the RFE come before/after Biometrics?? Thank you

It probably will not stop biometrics, but why do you care so much about biometrics ? You will not get EAD/AP without sending relatively complete package so biometrics really won't mean much...

[AnotherLostSoul 167]

I don't understand why you say you are out of time. Overstay is forgiven for spouses of USC.

[N-o-l-a 7,167]

I don't understand why you say you are out of time. Overstay is forgiven for spouses of USC.

Yes, but you can be deported if you have yet to file the I-485. There are posters here who've had this happen.

[AnotherLostSoul 167]

Oh, I see. I was not aware of that. I thought if he can prove that he is already married, and in process to submit I-485 then even if he hasn't filed they won't deport him...thanks for the clarification!

Yes, but you can be deported if you have yet to file the I-485. There are posters here who've had this happen.

[Erica & L 50]

The chances of getting deported when you're overstay and you're married to a USC is very slim, unless you commit a crime or participate in some sort of criminal or drug activity. Especially if you're only in overstay for a few weeks or a couple months.

It you wait, get all the information you need, and send off the application you can have a much easier process and avoid any delays and RFEs. If you don't submit all the initial evidence, and the I-864 is considered initial evidence NOT additional evidence, which means the clock will restart, not just be paused. So it wouldn't be productive in any way to not just wait and send everything in the first go.

I had issues waiting waiting for my co-sponsor and it seemed like I was never going to send out my packet but I waited, and I haven't gotten any RFEs thus far.

Edited April 5, 2014 by Erica & Lily

[Darnell 8,478]

I really don't care about getting an RFE (im aware u get a timeframe to respond)... my main goal is to get in my application first so USCIS can have or accept it... then if they wanted they can send the RFE for the missing joint sponsor information and hopefully before they even get to that stage she must have returned then I send it in. U have no idea I am really running outta time and getting an alternate joint sponsor at this point isn't really an option cos the others we know that might be able to help are too shady. My sister-in-law is the only trusted person that is very capable. Brings me back to my original question - does an RFE hinder the applicant from at least being able to do the biometrics which is the very first process and/or does the RFE come before/after Biometrics?? Thank you

I think it's OK that your other visa status will run out,

as

once the I-485 is lobbed over the wall into USCIS,

a new period of authorized stay commences,

and

any overstay is automagically forgiven when the green card is issued (no extra work to obtain that forgiveness) .

So, submit a complete I-485, instead of trying to piecemeal it and hope for an RFE,

as

you might not get an RFE - you might get a refusal/denial based on no I-864 and i-864 data.

as to yer question, yes, having an RFE in the mix SEEMS to stave off any biometrics scheduling, there have been other members writing about this exact issue. RFE for I-864? Unsure, but I do remember one fella recently who had a nasty time of it and it was I-864 related, though not any 'abscence' of I-864, it was simply wrong, twice.

Edited April 5, 2014 by Darnell