for the love of god!*$%#@

[kristydarling 0]

I filed for my AOS about a month ago and today I received a letter from Homeland Security stating that they cannot process my application for permanent residency/interim employment until **90 DAYS AFTER** they receive the W-2 that was missing from our Affidavit of Support (I-864) form. I was so frustrated by this that I couldn't help but cry. Has anyone had this happen? Why can't they continue processing the application as soon as they receive the missing document rather than waiting the additional 90 days after receiving it?!? I've been in the US for four months playing housewife and I'm going crazy not working. I can't imagine what another 3 months or more will be like...

If someone has had similar experience, please share....

Thanks,

Kristy

[hanster 0]

Kristy,

you misunderstood the letter they sent you.

basically you have received what people call her "RFE" or request for evidence. this is very common, and you need to send them what they want as soon as possible.

basically when you get an RFEm they put your application on hold until they receive what they asked for and once they receive it then the processing will continue.

the 90 day period that the letter mentions is for the application for employment and does not apply for adjustment of status.

i am gonna try to explain this to you in a simple way: technically, when you apply for an employment card, they basically are supposed to to issue it to you within 90 days of sending the application and if they do not do so, then you can go to a USCIS office and get a temporary (interim) employment card, well this never happens tho because almost everyone gets they employment card before the 90 days of filing. now when you receive an RFE, this will basicallyshould reset the 90 day period for issuing the employment card and the 90 day count down would start from the day they receive your returned RFE. but this really rarely happens and people still receive their employment card within the 90 days of initial filing.

what you need to do now is send them back what they asked for as soon as possible and once they get it, everything will go back to normal.

do not worry about this, honestly a lot of people get rfes.

[sarah and hicham 3]

Don't worry... you have 90 days to return the needed info and once you send it your case will pretty much start processing after they get it.

Good luck!

[kristydarling 0]

Thanks so much for the info. I was really convinced that USCIS would not look at my application for another three months after receiving the missing documentation...

"You are ineligible for interim employment authorization pursuant to Title 8, Code of Federal Regualations, Section 103.2(B)(10)(ii) until 90 days after the missing initial evidence is received."

I think it's worded to scare people. I know I freaked!!

Thanks again for the info.

Kristy

[notscenenough 6]

check out my timeline, i had an RFE and didnt have to wait 90 days

[kristydarling 0]

*sigh* Guess it's not as bad as it initially seemed. Hopefully I won't have to wait 90 days either. I hate being a housewife.