Dreaded Request for Initial Evidence [I-485]

[jackiewackie 23]

Hi everyone,

So 3 days ago I received a status change on the USCIS saying that they sent out a letter for a request for initial evidence, and that my application will be put on hold. I haven't received the letter yet, but I already know what it is (or at least one of it)-The I864. My husband wasn't able to convince his parents (who are the joint sponsors) that they needed to follow USCIS's instructions to a T, and so they didn't send the federal income tax statements, but only the W2.

I'm currently on F-1 OPT, which will expire on July 15, and I just accepted a job at a firm. I understand that the clock will be reset, and I'm worried that there will be a lapse in time between my current visa and getting the new EAD. As I sent my application in February, I told my employer that I should be getting the new EAD in May, or June, so there will be ample time between receiving my new EAD and my current EAD expiring. My father-in-law's earliest appointment he can get with the IRS is in April. Which would put the 90 days really close to when my current EAD ends.

Anyone has any similar experiences with the request for initial evidence? How far back did it push your EAD date to? Would it be any faster since my Biometrics has already been done? Super worried now.

My timeline so far:

1. 2/13/2016: Sent package

2. 2/16/2016: Package delivered-based on USPS site

3. 2/22/2016: Received 4 emails from USCIS confirming acceptance

4. 2/26/2016: Received 4 NOA1 confirming acceptance

5. 3/5/2016: Received Biometrics appointment scheduled for 3/16/2016

6. 3/8: Walk-in biometrics successful (as i will be out of town 3/16)

7. 3/21: USCIS status change: Request for initial evidence.

8 ...

Edited March 25, 2016 by jackiewackie

[AB loves AG 54]

What does he need an appointment for with the IRS? He should be able to order his tax transcripts online, if that's what he's needing.

[jackiewackie 23]

What does he need an appointment for with the IRS? He should be able to order his tax transcripts online, if that's what he's needing.

Ah. I forgot about that. It takes about 5-10 days though, but I guess it's better than waiting till April for an appointment anyway. Thank you!

Edited March 25, 2016 by jackiewackie

[thepostagestamp 16]

I understand that the clock will be reset

Is that absolutely guaranteed? I'm in the same situation and have read so much conflicting information on VJ about this.

I've read that it resets, I've also read that it puts it on hold and I've also read that if may have no effect on timeline. Hard to tell.

By the way, my status changed online on 3/18 and I've still not received the letter yet - so don't know what they are looking for.

[pizzajourney 13]

I had a similar RFE before I received my EAD. Although everyone's experience varies, and my understanding was that it does reset the clock, it did not take 90 additional days from the time the additional paperwork was submitted. It took less than a month from the time I saw the RFE on the online case status to the time I had my EAD in my hand. Good luck.

[jackiewackie 23]

Is that absolutely guaranteed? I'm in the same situation and have read so much conflicting information on VJ about this.

I've read that it resets, I've also read that it puts it on hold and I've also read that if may have no effect on timeline. Hard to tell.

By the way, my status changed online on 3/18 and I've still not received the letter yet - so don't know what they are looking for.

Ah! I'm so glad I'm not alone in this. Glad we could help one another out. My status changed on the USCIS website on Monday-3/21. It's 3/26 today and I still haven't received any letter, and I've been checking my mail like a crazy person!! I'm not sure how long it takes to receive a single letter. All I can do is speculate on what the request of initial evidence might be, and reading around, I understand that I-864 is a common issue. I want to be more or less prepared when I get the mail. I've already ordered tax documents for my FIL and myself (even though I didn't file as supporting myself) as I figured that is one of the likely requests (since dealings with the IRS can take a while- 5 to 10 days to receive documents in my case).Most other request of initial evidence shouldn't take too long to gather up .

From what I understand based off the USCIS website, if you receive a request for INITIAL evidence, it will indeed reset your timeline. As to whether they take the whole 90 days or not is entirely up to them. They might still be able to process the items within the initial 90 days time frame. However, if you received a request for additional evidence, your clock will just start from where you last stopped.

Link: (I will post the link when I find it)

Still trying to get a good gauge of people's personal experiences. Reading around,it seems like *most* people still receive it in their initial 90 day timeframe. I'm wondering whether having completed some steps of the application(my biometrics)..etc.. would just naturally make the process faster.I had a bad experience with my OPT EAD (took 105 days, after expediting), and am paranoid at this point..

I had a similar RFE before I received my EAD. Although everyone's experience varies, and my understanding was that it does reset the clock, it did not take 90 additional days from the time the additional paperwork was submitted. It took less than a month from the time I saw the RFE on the online case status to the time I had my EAD in my hand. Good luck.

Ahh! You gave me some hope. I have my fingers crossed.

[ttram312 10]

I have similar situation as you. I submitted AOS on November, and my EAD from OPT expired on December. Luckily, my employer let me go on leave of absence until I have my new EAD. I got RFE for I-864 on Feb, and response 3 weeks later.

I suggest that after submitting your response to initial RFE, wait about a month before your current EAD expires, and if nothing changes, put in an expedite request. When I put in my expedite request, I fax them my job offer letter way back from the beginning with all of my pay stubs to prove that I was working for the company. Also, I type in a letter explaining that being out of job for 3 months has affected me financially, etc. You can also do the same thing saying that you need EAD now because it'll affect your employment and career. I get my I-765 approved and card sent 3 days after putting in expedite request, so I would say they're pretty good with it.

Good luck!

Edited March 30, 2016 by ttram312

[jackiewackie 23]

I have similar situation as you. I submitted AOS on November, and my EAD from OPT expired on December. Luckily, my employer let me go on leave of absence until I have my new EAD. I got RFE for I-864 on Feb, and response 3 weeks later.

I suggest that after submitting your response to initial RFE, wait about a month before your current EAD expires, and if nothing changes, put in an expedite request. When I put in my expedite request, I fax them my job offer letter way back from the beginning with all of my pay stubs to prove that I was working for the company. Also, I type in a letter explaining that being out of job for 3 months has affected me financially, etc. You can also do the same thing saying that you need EAD now because it'll affect your employment and career. I get my I-765 approved and card sent 3 days after putting in expedite request, so I would say they're pretty good with it.

Good luck!

Thank you!! This really helps me. I should have the tax documents ready and sent off by tomorrow, or latest, Friday[4/1/2016]. Assuming that USCIS receives it in in a week+ [4/10/2016]. It will still put me within the time frame of 90 days till the time my EAD expires. I am just slightly worried because my OPT EAD took 105 days, and I had to send in an expedite request, and they only allowed me to expedite after the 90 days have passed. But yes! I will definitely send an expedite request a month before my EAD ends.Thanks again! It's good advice.