What stage in the I-485 application process is possible to get a RFE?

[Visitor User 253]

At what part of the I-485 process will a RFE be possible? I know USCIS website says it can anywhere from first they receive the application to the interview day.

I was wondering if anyone has received an RFE. At what stage in the application they received an RFE? Was it before or after Biometrics?

 

Also, my NOA in I-485 says received on October 4th and notice date October 11th. No balance due since it is all paid including Biometrics. Year of birth was incorrect so lawyer instructed to call USCIS to correct it and they did a service request. I wonder if they will delay the processing?

 

The above application/petition has been received by our office and is in process. Please verify your personal information Listed above and immediately notify the USCIS National Customer Service Center at the phone number listed know if there are any changes. Please note that if priority date is printed on this notice, the priority does not reflect earlier retained priority dates.

 

Next Steps: USCiS will schedule a biometrics appointment for you to have your biometrics electronically captured at a USCIS Application Support Center (ASC). You wi1l be receiving a biometrics appointment notice by mail with the specific date. time, and place where you will have your fingerprints and/or photographs taken. . You must wait to receive your biometrics appointment notice before going to the ASC for biometrics processing. . This notice does not serve as your biometrics appointment notice.

 

Also, my NOA in I-765 says received on October 4th and notice date October 11th. Eligibility category: C09.

 

Do RFEs usually happen before or after Biometrics?

[TL2016 208]

RFE’s and RFIE’s can literally happen at any time. From the moment they accept your petition, all the way to your interview day. Whether you will get one or not entirely depends on the package you sent to USCIS and the adjucating officer. 

 

During the very early stages of AOS, RFIE’s (requiring further initial evidence) are more common than regular RFE’s (requiring further evidence). 

 

The birth year date error shouldn’t cause a delay as long as it has been properly corrected now. It only becomes a problem if the info stays wrong on important documents like your EAD and the green card later on. 

[RJandHamid 1,133]

I'm a September filer and we got an RFIE right after the biometrics appointment. They wanted a certified English translation of his birth certificate (which we did include in the original petition...).

 

Biometrics appointment date: Oct. 2

Date on RFIE letter: Oct. 6

Received RFIE letter in mail: Oct 13

[Randyandyuni 2,682]

My step-son got an RFE 5 days after the interview for documents we provided during application, so I think you can get one up to the receipt of the green card

[Visitor User 253]

19 hours ago, TL2016 said:

RFE’s and RFIE’s can literally happen at any time. From the moment they accept your petition, all the way to your interview day. Whether you will get one or not entirely depends on the package you sent to USCIS and the adjucating officer. 

 

During the very early stages of AOS, RFIE’s (requiring further initial evidence) are more common than regular RFE’s (requiring further evidence). 

 

The birth year date error shouldn’t cause a delay as long as it has been properly corrected now. It only becomes a problem if the info stays wrong on important documents like your EAD and the green card later on. 

If they require further evidence then why is there two terms RFIE and RFE?

 

Does getting an EAD make a Beneficiary in a legal status temporary until interview day? This is for I-485 Supplemental A (245i) Grandfathered clause.

[Visitor User 253]

10 hours ago, RJandHamid said:

I'm a September filer and we got an RFIE right after the biometrics appointment. They wanted a certified English translation of his birth certificate (which we did include in the original petition...).

 

Biometrics appointment date: Oct. 2

Date on RFIE letter: Oct. 6

Received RFIE letter in mail: Oct 13

Oh ok. Then why did they want another one?

[Visitor User 253]

Anyone?

[RJandHamid 1,133]

20 hours ago, Visitor User said:

Oh ok. Then why did they want another one?

I assume they lost it. It happens sometimes.

[Scandi 4,180]

I have seen people getting RFEs a few days after NOA1, at any point up until the interview, at the interview and even after the interview. 

 

You're safe when you have the card in hand.

[Scandi 4,180]

21 hours ago, Visitor User said:

If they require further evidence then why is there two terms RFIE and RFE?

 

Does getting an EAD make a Beneficiary in a legal status temporary until interview day? This is for I-485 Supplemental A (245i) Grandfathered clause.

The EAD only means you're allowed to work, it has nothing to do with your status.

You are under "authorized stay" from the day USCIS receives your i-485 until the day a decision has been made. Meaning you're allowed to stay while your application is pending.

[Visitor User 253]

1 hour ago, Scandi said:

I have seen people getting RFEs a few days after NOA1, at any point up until the interview, at the interview and even after the interview. 

 

You're safe when you have the card in hand.

Safe with what card? EAD or PR Card? Also, the longer the days go by with NO RFE/RFIEs the better chances of NO RFE/RFIEs right?

[Visitor User 253]

1 hour ago, Scandi said:

The EAD only means you're allowed to work, it has nothing to do with your status.

You are under "authorized stay" from the day USCIS receives your i-485 until the day a decision has been made. Meaning you're allowed to stay while your application is pending.

Allowed to work requires legal status though. You mean it is kinda like DACA status?

 

How come when the case # in the system is inserted. It does not tell you 'Authorized Stay'?

[Visitor User 253]

The system has not updated from Oct 4th receipt date and Oct 11th notice date.

[Scandi 4,180]

22 minutes ago, Visitor User said:

Safe with what card? EAD or PR Card? Also, the longer the days go by with NO RFE/RFIEs the better chances of NO RFE/RFIEs right?

Not true.

 

The card is the greencard of course, the EAD has nothing to do with your status. It's just something you get temporarily to use while waiting for a status.

Edited October 24, 2017 by Scandi

[Scandi 4,180]

11 minutes ago, Visitor User said:

Allowed to work requires legal status though. You mean it is kinda like DACA status?

 

How come when the case # in the system is inserted. It does not tell you 'Authorized Stay'?

Nope, with the EAD you have the right to work while waiting for your greencard/LPR status to process, it doesn't require a status, but an authorized stay (ie you are allowed to stay while the AOS is pending, and allowed to work while your AOS is pending if you have your EAD card).

 

I assume you don't have a case number, but a receipt number. It only tells you what's up with your application, nothing else.