RFE Delay My AP???!!!

[mlovelace 0]

My wife is applying for Adjustment of Status, a work certificate and advance parole. I received a request for further evidence today regarding my income and whether it exceeds the poverty line by 125%. It does, but that doesn't matter at the moment. What I'm worried about is that my wife and I have a wedding ceremony planned for June in England, and if this RFE delays the Advance Parole application too then we'll have to cancel the wedding (it's already been postponed once). I'm worried about this because the request form stated that she will not be able to work until 90 days after the further evidence has been received.

So will this affect her Advance Parole application too?

Please help. We just want to be able to tell people when this ceremony is going to actually happen.

[ChristinaM 0]

Yes, more than likely. Because the AP is linked to her "pending adjustment" status, any delay in the AOS usually causes one in EAD and AP processing also.

Sorry

[Kez/JWolf 6]

Yes it will cause a delay in getting AP.... they wont proccess anything until they have the basic evidence for AOS.... everything else depends on that....

Hope you dont have to re-schedule again....

Kezzie

[Autumnal 25]

I'm sorry to hear this. Best of luck compiling all that information quickly and hearing a swift response.

[claire 0]

I received an RFE for my medical - and took awhile getting it done as I was waiting for vaccination records from England. I called twice to check that the delay in getting my medical would not delay my AP - and twice they assured me that it would cause no delay to my AP. Well, the receipt date for my AP was 22nd November - I STILL don't have it. It was touched on the day (23rd Feb) that they received my medical - so clearly when I asked them if my AP would be delayed because of the medical - they had no idea! We have our congressman involved now.......so fingers crossed. Good luck - hope you can figure it out.

[ChristinaM 0]

Don't trust the mis-information line, they don't know what they're talking about half the time!

[mlovelace 0]

Yes, more than likely. Because the AP is linked to her "pending adjustment" status, any delay in the AOS usually causes one in EAD and AP processing also.

Sorry

Thanks for your answers, do you happen to know whether the delay would be the same as for the EAD (that is, the whole 90 days), or if the delay could be shorter? We're going to have a sponsor send in ample evidence asap, and so hopefully the delay in processing in general would only be a short one...

[ChristinaM 0]

As soon as they receive the info from the RFE they will resume processing on the AOS, and therefore your EAD and AP.

In terms of when you might get them:

EAD - I believe that the 90-day-for-interim-EAD "clock" stops whilst they're waiting for your RFE response, so just counting a regular 90 days from your filing date won't allow you to go into the office to get an interim EAD. If you don't live too far you can try it, but I wouldn't bank on getting it.

AP - Again, processing will resume.... I don't have an idea of the timeframe because I personally didn't file for AP. However, don't forget that if you have a need for emergency travel (family medical issues, etc.) you can make an InfoPass appointment, take your NOA for it and explain that you're pending AOS and you require emergency AP. You need something like a doctors letter to get it granted, but if you're going to get it, you should get it same-day.

Hope that helps!

[mlovelace 0]

Well, I got on the phone to the USCIS this morning and they said it shouldn't affect the AP, and that the AP applications from the end of Jan are currently being processed. So I'm hoping that if we get this sorted out immediately and they resume everything, it'll all be back on track by the time they reach our AP application (they received it early feb) and things will continue as normal...

Fingers crossed!

[Rusti 0]

I have no experience in this matter but my thoughts are that as long as the AOS wasn't returned to you (the whole package) that they SHOULD process the other stuff like normal. But this is the USCIS we are talking about. Good Luck!

[ktun 0]

My NOA1 dates are from December and I got an RFE in January. Due to various reasons we couldnt act on it right away. Just got the RFE sent back in last Friday and my AP is nowhere to be seen.

I spoke to the 800 number and they confirmed they are processing Jan dates now and don't know why my AP has not been issued. They've since given me a reference number as they are doing some sort of invesigation into it. Well I need the AP by this time next month as we have to return to the UK to give evidence for the prosecution in a trial. The prosecution are even paying for our flights over there and our hotel accomondation. If I hear nothing by next week I'm going to make an INFOPASS appt and request an Emergency AP.

[claire 0]

My NOA1 dates are from December and I got an RFE in January. Due to various reasons we couldnt act on it right away. Just got the RFE sent back in last Friday and my AP is nowhere to be seen.

I spoke to the 800 number and they confirmed they are processing Jan dates now and don't know why my AP has not been issued. They've since given me a reference number as they are doing some sort of invesigation into it. Well I need the AP by this time next month as we have to return to the UK to give evidence for the prosecution in a trial. The prosecution are even paying for our flights over there and our hotel accomondation. If I hear nothing by next week I'm going to make an INFOPASS appt and request an Emergency AP.

This is exactly the same situation I am in - couldnt act on the RFE straight away - AP seemed to disappear. NOA dates are Nov 22nd. The information line told me that it would in no way be affected - but sure enough on 23rd February - when they received my RFE back again, my AP was touched - coincidence??? I think not. I also have a reference number - but was told it would take 30 days for them to write to me to tell me what was happening - and quite often they don't reply in 30 days, so to call back when 30 days had passed. Since then my AP has not been touched and nothing has happened. Before you go down the infopass route you may want to contact your congressman - I know other people have been successful going down that route before - we are hoping that is going to help us. I dont know how your local office is - but I went for an infopass and they told me if I could produce a doctors letter they would issue me the AP - but I would have to pay the 170 dollars again and they would only give me single entry. GOOD LUCK. Keep us posted.

[sara535 15]

We had this same problem last fall. The 800 number always tells you that the RFE won't affect the AP and EAD. twice we made infopass appointments and went to our local office to try to get the temporary EAD and we were denied both times. I asked the officer at our 2nd appt if it was because of the RFE (for the stupid vaccination supplement, but thats a separate rant) and he said "Yes, of course it is." He went on to explain that in the view of the USCIS, the EAD and AP applications are 'riding' on the AOS, so if the AOS app. is 'incomplete' or has a problem then obviously the dependent applications are put on hold. When he spelled it out like that it made sense but by then I was so pissed from the MISinformation surrounding the whole thing and my husband was half crazy from not working for 6 months that it really didn't matter what the explanation was. In any case, and I DID say this to the officer, it would have been nice if someone had explained that the RFE WOULD effect the other 2 applications. at least then we would have known what to expect instead of neurotically checking the email and USCIS website every single day waiting for the news that so much in our lives depended on.

moral of the story: don't ever bother calling the misinformation line and sorry, but I think its probable in most cases that the RFE effects everthing.

best of luck.