Work Authorization and Change of Status

[Ashwani 1]

My fiancee came to US in October, we got married and I sent the paper work to USCIS for adjustment of status of status, work authorization and travel document in November. We received the biometric appointment in early January. We received a letter asking for initial evidence for the tax filing documents for the recent year and more documentation for income for Affidavit of support. We sent all the required documents again in second week of January. Now its been few weeks and we haven't heard anything from USCIS so far. We are a little concerned about our application and also my wife wants to starts working or applying for jobs ASAP.

So by when should we expect the employment authorization to go through and also is this second letter for asking for more evidence is normal..??

Please help me in clearing these few things in the adjustment of status process.

 

Thank You

Ashwani

 

 

[car0593 42]

its taking 6+ months for EAD.... Unfortunety there is so much backlog! My parents sent in there apps on 08/07/17 and we have YET to get them... its been as of today 6 months and 1 day

[RJandHamid 1,133]

Yes, Requests for Initial Evidence or RFIEs are rather common during the AOS process. Unfortunately, a RFIE does usually reset the timeline that USCIS estimates will take to receive the EAD. 

EAD processing times are at around 3-6 months, with 3 months being on the speedy size and usually those filers did not receive and RFIE. 

We filed in September 2017, received and responded an RFIE in October, and finally got the EAD/AP combo card in the mail on January 24, 2018, so a little over 4 months after filing. 

[geowrian 22,338]

Usually when they request information for the I-864, such as tax information, it's actually an RFIE. An RFIE resets the clocks in terms of being "out of normal processing" timelines according to USCIS. A RFE only pauses the timer.

https://www.uscis.gov/forms/tip-sheet-employment-authorization-applications-pending-more-75-days

 

That said, from a practical standpoint of when they process the I-765, it usually only pauses the timer the same way as an RFE. The current processing timeline is around 4 months. Don't include the time from the RFIE was issued through the time they got the response.

[JoJoJoJo 170]

1 hour ago, Ashwani said:

My fiancee came to US in October, we got married and I sent the paper work to USCIS for adjustment of status of status, work authorization and travel document in November. We received the biometric appointment in early January. We received a letter asking for initial evidence for the tax filing documents for the recent year and more documentation for income for Affidavit of support. We sent all the required documents again in second week of January. Now its been few weeks and we haven't heard anything from USCIS so far. We are a little concerned about our application and also my wife wants to starts working or applying for jobs ASAP.

So by when should we expect the employment authorization to go through and also is this second letter for asking for more evidence is normal..??

Please help me in clearing these few things in the adjustment of status process.

 

Thank You

Ashwani

 

 

* Now its been few weeks and we haven't heard anything from USCIS so far.

This is kind of normal. If you do not get a  confirmation about receiving your response, you can call them 60 days after your delivery date (hopefully you had a tracking number.) If you called earlier, they will ask you to give them 60 days to respond.

 

* We are a little concerned about our application and also my wife wants to starts working or applying for jobs ASAP.

Might be prudent to wait your until approval before applying for jobs. I got a job offer about 40 days ago. Still waiting for EAD.

 

 

 

Edited February 8, 2018 by JoJoJoJo