EAD with an RFE

[ljroul 14]

I wanted to share my recent experience with everyone since I have been doing intense research on this topic for the last few weeks and now that I have an answer from USCIS, I thought I would share and see if other have had similar experiences.

I am a US citizen petitioning for an Adjustment of Status for my husband. Our I-130 was approved in May, so in September we filed his AOS documents concurrently (I-485, I-765, and I-131) We got our NOA on September 30, 2016. On October 21, we got a request for initial evidence. The RFI was for my Affidavit of Support (I-864) USCIS had an issue with the letter my employer wrote. We turned around quickly and sent a response back on October 31, and USCIS resumed processing our case on November 4.

My reaction to this was that it was going to either extend or "restart" the clock on my husbands EAD. We were expecting 90 days from the day of filing, which would have put us at December 21, but in my research, I saw that even on the USCIS website, that an RFI and RFE can affect the EAD processing.

Here's the USCIS link: https://my.uscis.gov/helpcenter/article/how-long-does-uscis-have-to-make-a-decision-on-my-form-i-765-application-for-employment-authorization

I took this exact link to my immigration attorney, who told me that in her experience, an RFI that dealt solely with the I-864 would not affect the processing time of the EAD. I wanted to believe her, but also feared that the clock had restarted the 90 days from the day USCIS started processing our case again.

Today, December 2, 2016, 71 days after our AOS application was received, we got notice that my husband's EAD card is being processed. I wanted to share this information with others who may be in a similar circumstance, not to assume that all cases are alike, but to know that we did have an RFI, and received approval of the EAD within 90 days.

[tds0317 2]

That is great. Going through the same, never ending process. Just wondering, was your spouse a KI visa? Was wondering how that effects times versus when one is on a B2 Visa

[ljroul 14]

No, he is adjusting his status from a B2 Visa. I honestly have no idea if the type of Visa you are adjusting from matters for the AOS.

[tds0317 2]

My spouse is a B2 as well.

[ljroul 14]

Did you get an RFI? Are you waiting for EAD now?

[tds0317 2]

We are just waiting for the marriage certificate in the mail and attempting to gather what proof of a legitimate marriage we have. Newly married, and my spouse doesn't have a SS no, so it's pretty minimal.

Did you use an attorney to submit everything?

That's my other dilemma. Can't decide if it's worth it or not.

[ljroul 14]

Yeah that is a hard place to be. We decided to use an attorney because we wanted to avoid mistakes. Even then, it's unavoidable, we used an attorney and still had a request for initial evidence, so it's never a 100% guarantee. The only think you can do is be as diligent as you can be in gathering evidence, getting your documentation in order, and trying to stay positive.

[MariaR323 199]

I wanted to share my recent experience with everyone since I have been doing intense research on this topic for the last few weeks and now that I have an answer from USCIS, I thought I would share and see if other have had similar experiences.

I am a US citizen petitioning for an Adjustment of Status for my husband. Our I-130 was approved in May, so in September we filed his AOS documents concurrently (I-485, I-765, and I-131) We got our NOA on September 30, 2016. On October 21, we got a request for initial evidence. The RFI was for my Affidavit of Support (I-864) USCIS had an issue with the letter my employer wrote. We turned around quickly and sent a response back on October 31, and USCIS resumed processing our case on November 4.

My reaction to this was that it was going to either extend or "restart" the clock on my husbands EAD. We were expecting 90 days from the day of filing, which would have put us at December 21, but in my research, I saw that even on the USCIS website, that an RFI and RFE can affect the EAD processing.

Here's the USCIS link: https://my.uscis.gov/helpcenter/article/how-long-does-uscis-have-to-make-a-decision-on-my-form-i-765-application-for-employment-authorization

I took this exact link to my immigration attorney, who told me that in her experience, an RFI that dealt solely with the I-864 would not affect the processing time of the EAD. I wanted to believe her, but also feared that the clock had restarted the 90 days from the day USCIS started processing our case again.

Today, December 2, 2016, 71 days after our AOS application was received, we got notice that my husband's EAD card is being processed. I wanted to share this information with others who may be in a similar circumstance, not to assume that all cases are alike, but to know that we did have an RFI, and received approval of the EAD within 90 days.

Thank you for sharing!

We have almost identical timelines, including the RFIE, response and received dates. I'm hoping to hear something on our cases this week. Although, not sure if the fact we have a "family pack" delays us a little more since our AOS package is for my wife and her two kids (K-1 & K-2) adjustment applicants.

Nonetheless, this gives me hope!

Thanks again and good luck on the rest of your journey

[ljroul 14]

Thank you for sharing!

We have almost identical timelines, including the RFIE, response and received dates. I'm hoping to hear something on our cases this week. Although, not sure if the fact we have a "family pack" delays us a little more since our AOS package is for my wife and her two kids (K-1 & K-2) adjustment applicants.

Nonetheless, this gives me hope!

Thanks again and good luck on the rest of your journey

As of today (12/20/16) my husband has his I-766 card, his US drivers license and is getting a social security card today! Let me know if you have heard anything about your case, I hope that you have gotten good news!

[MariaR323 199]

As of today (12/20/16) my husband has his I-766 card, his US drivers license and is getting a social security card today! Let me know if you have heard anything about your case, I hope that you have gotten good news!

Glad to hear the good news, Congrats!

As of today, nothing yet on our cases. I might try calling in later today and see what kind of info I can get

[nwolfe90 18]

It took 104 days for my wife to get her EAD when we get our RFIE (they got our response on 10/12) We were just the unlucky couple at the time I guess as other people in August that filed around me only had to wait about 80 days it seems.

[MariaR323 199]

It took 104 days for my wife to get her EAD when we get our RFIE (they got our response on 10/12) We were just the unlucky couple at the time I guess as other people in August that filed around me only had to wait about 80 days it seems.

Maybe they have a "Mexico" team over there and they take longer hahahaha We seem to be part of this "unlucky" group