RFE standstill + I-131

[Caribbeangurl14 1]

I am still at a standstill. I have been in RFE review since May 2, 2014. And as I look at other peoples timelines it becomes really depressing because I still have not received my EAD and I see people around me who have been in RFE reviewed after me receiving EAD cards and getting notices in the mail. I also spoke with a tier 2 representative and they told me that although online it says I should receive a response in 60 days it's not a must that they will infact reapond ?. Anyway because this is all taking so long I decided to apply for the I-131 travel document so that I will atleast be able to visit my parents in case of anything. USCIS received my I-131 application June 2 and surprisingly the document was produced June 24, so I am pretty excited. My question is though, how safe is it for me to leave the country and not have any problems to re-enter when I return?

[Harpa Timsah 13,258]

How long, if any, did you overstay?

Your two RFEs set you back at least three weeks, from your timeline. But the good news is that you should be getting EAD soon.

[Caribbeangurl14 1]

How long, if any, did you overstay?

Your two RFEs set you back at least three weeks, from your timeline. But the good news is that you should be getting EAD soon.

No mam. I have had a visitors visa for over 20 years and I have never overstayed in this country

[Harpa Timsah 13,258]

Then you can travel on AP, no worries.

Actually, I seem to recall that your RFEs were for the same thing and you sent in the same evidence you sent before, is that right?

Edited June 25, 2014 by Harpa Timsah

[vitoralves 4]

Then you can travel on AP, no worries.

Actually, I seem to recall that your RFEs were for the same thing and you sent in the same evidence you sent before, is that right?

What would be the problem on traveling with the advanced parole if you have an overstay?

[Caribbeangurl14 1]

Then you can travel on AP, no worries.

Actually, I seem to recall that your RFEs were for the same thing and you sent in the same evidence you sent before, is that right?

Yes. Both RFE's were for the same thing, and I did respond with the same information give or take on both occasions.

[Harpa Timsah 13,258]

Yes. Both RFE's were for the same thing, and I did respond with the same information give or take on both occasions.

Okay, so I hate to be a downer, but I have your best interest at heart.

I would not leave the US because I think you have a decent chance of being denied. If you fail to properly respond to a RFE, then they can deny you. Your story, that both RFEs were for the same thing (that is three chances) and that you just sent back the same stuff again, sounds very worrisome. I think there was something missing in the paperwork, that you maybe did not understand, and just send back what you sent already.

I really hope that doesn't happen, but I would stay in the US just to be sure. If they do deny the I-485, then it would be denied without prejudice and you could reapply.

If you are outside the US with AP when that happens, though, then you won't be coming back to the US and you'd have to pursue a spousal visa.

If you get an interview appointment, then that is a signal that all is clear. Good luck to you.

To the other person that asked, a person with overstay triggers a ban when leaving the US that AP does not traditionally overcome. However, there was a recent BIA court case that appears to have changed it, but I and others here are not sure how it is working in practice, since it is new and not put into the laws yet.

Edited June 25, 2014 by Harpa Timsah

[Caribbeangurl14 1]

Okay, so I hate to be a downer, but I have your best interest at heart.

I would not leave the US because I think you have a decent chance of being denied. If you fail to properly respond to a RFE, then they can deny you. Your story, that both RFEs were for the same thing (that is three chances) and that you just sent back the same stuff again, sounds very worrisome. I think there was something missing in the paperwork, that you maybe did not understand, and just send back what you sent already.

I really hope that doesn't happen, but I would stay in the US just to be sure. If they do deny the I-485, then it would be denied without prejudice and you could reapply.

If you are outside the US with AP when that happens, though, then you won't be coming back to the US and you'd have to pursue a spousal visa.

If you get an interview appointment, then that is a signal that all is clear. Good luck to you.

To the other person that asked, a person with overstay triggers a ban when leaving the US that AP does not traditionally overcome. However, there was a recent BIA court case that appears to have changed it, but I and others here are not sure how it is working in practice, since it is new and not put into the laws yet.

We had reasoned that the second RFE (both were for initial evidence) was sent because I has used a different joint sponsor so when responding the second time I made a cover letter indicating just that as well as giving the reason for doing such (although they had already indicated to me that I had the option of using a different joint sponsor)

[Harpa Timsah 13,258]

Who you use for your joint sponsor makes no difference. You need to supply them with all the required evidence. I am not sure why you are focused on the "initial evidence" part. A RFE means you made a mistake in your evidence and you did not give them the right stuff. They tell you they need the right stuff and then you get a chance to correct the mistake. You were lucky to get 2 RFEs, many people get denied after failure to properly reply to the first.

[Caribbeangurl14 1]

Who you use for your joint sponsor makes no difference. You need to supply them with all the required evidence. I am not sure why you are focused on the "initial evidence" part. A RFE means you made a mistake in your evidence and you did not give them the right stuff. They tell you they need the right stuff and then you get a chance to correct the mistake. You were lucky to get 2 RFEs, many people get denied after failure to properly reply to the first.

I am focused on the initial evidence to give you better insight into the situation. There was no mistakes made in any of the responses. There was an issue with the first sponsor because they had recently been a sponsor on someone else's i864 application which increased their household size for income. In order to avoid having them provide assets equaling over $50,000 (based on the requirements outlined on the RFE) I opted to use a DIFFERENT sponsor. In responding the first time however I failed to include a cover letter indicating that that is exactly what I did which is why I was explaining to you that we reasoned that was the reason for the SECOND RFE once again for INITIAL EVIDENCE and not ADDITIONAL EVIDENCE.

[Harpa Timsah 13,258]

Sorry, you misunderstand what a RFE is.

A RFE means you made a mistake in your initial evidence. You said there were no mistakes, but if you got RFEs then there were mistakes, by definition.

A RFE is never sent for additional evidence. Only to correct mistakes in the required initial evidence.

I do hope it works out for you, though. Best of luck.

[sandra68 10]

Small correction here, RFE, additional evidence or to correct mistakes is just a way of interpretation.

In our case, we forgot to include divorce papers from a first marriage, so you could say they sent us a RFE for additional evidence, it was our mistake that we forgot it so we had the chance to correct the mistake.

this forum is to help each other out, the friendly tone just went away in the last few postings.

It is frustrating to have to wait for months, and sometimes for years, lets not show our frustrations here.

All the best for everybody.........

[cdneh 3,112]

Small correction here, RFE, additional evidence or to correct mistakes is just a way of interpretation.

In our case, we forgot to include divorce papers from a first marriage, so you could say they sent us a RFE for additional evidence, it was our mistake that we forgot it so we had the chance to correct the mistake.

this forum is to help each other out, the friendly tone just went away in the last few postings.

It is frustrating to have to wait for months, and sometimes for years, lets not show our frustrations here.

All the best for everybody.........

If you had a request for your divorce papers, which you failed to include with your petition, you were not sent an RFE for additional evidence. You were requested to send INITIAL evidence which you neglected to send with your petition.

It pays to start off understanding the correct terminology when dealing with USCIS. Their terminology is the standard, and it is not open for interpretation. You need to pay attention to what is requested and send them just that. There is no close enough in this sort of thing.

It will also serve you well to understand that people like Harpa who replied above , and other long time posters who remain after their own journeys are over to help other people, know what they are talking about , are not only correct, but not in the habit of sugar coating information. No one is being mean to the OP and not using a 'friendly' tone. A question was asked, and it was answered.

[CdnRN 40]

-caribbeangurl14- why don't you post the exact RFE(s) word for word along with a list of what you sent. It would be helpful to see, then we could give better advice.