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Beefheart

Time between returned RFIE and case reactivation

By Beefheart in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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Beefheart Enthusiast

Beefheart   31

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Filed: Citizen (apr) Country: Wales
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Good afternoon all, hope everyone is in good spirits and looking forward to tomorrow,

I just have a couple of questions regarding RFIEs:

I mailed the evidence requested in my RFIE to USCIS and know that my packet arrived in Lee's Summit last Friday (July 30th); I would just like to know if there is a rough timeframe I should be expecting to hear back from them regarding my case. I'm not expecting to receive notification of approval/denial of my AOS packet, rather, just some kind of confirmation that they are processing my case once again following it having been on hold.

Also -- and I have read numerous threads regarding this next issue -- does anyone have a definitive answer as to whether the clock is reset on EAD and AP when you receive an RFIE (as opposed to an RFE) or if the clock is simply frozen while USCIS await a satisfactory response to said RFIE? I'm concerned for obvious reasons, but also because the biometrics info they are using to process my case is from an appointment I had last year when I foolishly applied for EAD and AP without having first filed AOS. This means that my biometrics info is due to expire at some point (unfortunately I don't have the date of my appointment last year) and so I'm concerned that this would mean having to delay matters further in order to update my 'captured' information. I hold similar concerns regarding my medical which was carried out mid-August last year, meaning it's due to expire in a little over six weeks.

Is it likely that USCIS would attempt to expedite my AOS in order to curtail the need to have to retake both my biometrics and medical, or do they have no interest in such inconveniences to the petitioner?

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Bzlibem Enthusiast

Bzlibem   111

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Filed: AOS (pnd) Country:
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I got RFIE and responded over a month later and my EAD didn't get delayed. I'd rather say that it depends on case. I've seen a few cases when People didn't get RFIE and waited for EAD over 120 days. 

Also about the change of status from 'response to RFIE received'.. there's no specific timeframe. I waited around 80 days? I think. And my status changed directly from 'response to RFIE received' to ' interview is scheduled'. When I called them around day 60 they said that they were doing background check on the submitted documents so I guess it's some kind of verification of documents. so once again it depends on a case. :) It's good to insist to speak to tier 2

 

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Ebunoluwa Veteran

Ebunoluwa   6,136

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Filed: AOS (apr) Country: Cyprus
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Posted

Processing is resumed after they receive / look at what you submitted with a RFE / RFIE. Even though the USCIS web site states

the time will be reset, it is not, it is resumed. EAD/AP takes currently around 90-120 days.

Biometrics probably has to be taken again. We were called for the biometrics 3 times.

No they will not expedite due to the biometrics/medical timeline.

If your adjudicator understands the new regulations then he will not RFE for a new medical because as long as you mail in the
AOS application before a year is up no new medical is needed for adjusting from a K1.
If your DS2035 vaccination sheet is marked complete then no vaccs are needed either.
Some IO's RFE for a new medical but they do it mistakenly if submitted within a year.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Joey94 Newbie

Joey94   5

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On 7/3/2017 at 10:46 PM, Ebunoluwa said:

Processing is resumed after they receive / look at what you submitted with a RFE / RFIE. Even though the USCIS web site states

the time will be reset, it is not, it is resumed. EAD/AP takes currently around 90-120 days.

Biometrics probably has to be taken again. We were called for the biometrics 3 times.

No they will not expedite due to the biometrics/medical timeline.

If your adjudicator understands the new regulations then he will not RFE for a new medical because as long as you mail in the
AOS application before a year is up no new medical is needed for adjusting from a K1.
If your DS2035 vaccination sheet is marked complete then no vaccs are needed either.
Some IO's RFE for a new medical but they do it mistakenly if submitted within a year.

Hello, after 6 months I received an RFIE. I sent my response and then made an inquiry as to why I still don't have my EAD. USCIS just replied to say that my PD date has been reset! After 6 months!!!! 

IMG_4297.JPG

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GermanytoDenver Rookie

GermanytoDenver   0

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Filed: K-1 Visa Country: Germany
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Posted

Hello All

 

I got a RFE on stated on USCIS website JUly 5th. I got it in the mail about July 7th. I sent it back to Lees Summit MO (NBC) expedite mail and they updated the USCIS page as recieved and they will continue to process our case (I-765 and I -131) on July 12th. We had an appointment with INFO pass already set up this past Monday July 16th. He said that the officer has 87 days to respond to our RFE even after they respond saying they get it. So we will see. I have read other people get their EAD and AP a month after sending in their RFE's some it took the full 87 something days. Hope this helps. Sucks to not know.. ughhhh

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