RFE

[patata88 1]

Hello everyone, 

i field in January 2018 and after bio and waiting for 4 months i've got a request for additional evidence (on the app says additional) but i received at home a pink letter says initial evidence. 

i am reading on groups and forums that this rfe can reset your waiting to day 0 so it will took me another 90 days to receive my EAD card. Is this true do this rfe delay the entire process? I am very discouraged. I can't get a job or a driver licence and the idea to wait even more drive me crazy. is there someone that can clarify me this situation? thanks  

[CaroLeh 15]

3 hours ago, patata88 said:

Hello everyone, 

i field in January 2018 and after bio and waiting for 4 months i've got a request for additional evidence (on the app says additional) but i received at home a pink letter says initial evidence. 

i am reading on groups and forums that this rfe can reset your waiting to day 0 so it will took me another 90 days to receive my EAD card. Is this true do this rfe delay the entire process? I am very discouraged. I can't get a job or a driver licence and the idea to wait even more drive me crazy. is there someone that can clarify me this situation? thanks  

I also got a RFIE but it was a yellow letter (do the colors mean something?). I don't think it will reset you completely. I just got my EAD approved after 115 days from filing (or 78 days from the rfie day). 

[patata88 1]

1 hour ago, CaroLeh said:

I also got a RFIE but it was a yellow letter (do the colors mean something?). I don't think it will reset you completely. I just got my EAD approved after 115 days from filing (or 78 days from the rfie day). 

I don't really know if the color matter but i really hope it doesn't slow down the process. 

[patata88 1]

Just now, patata88 said:

I don't really know if the color matter but i really hope it doesn't slow down the process.  by the way we are very close as dates 

 

[CaroLeh 15]

1 hour ago, patata88 said:

 

btw what is the RFE for? 

[patata88 1]

3 hours ago, patata88 said:

 

I am adjusting from ESTA and the RFIE was for the I130A missing (not the i130 but the 130a) that my lawyer said was not necessary the thing that pissed me off is that they remember that they miss or want this form after 4 months?! thats very discouraging  

[mushroomspore 3,044]

53 minutes ago, patata88 said:

I am adjusting from ESTA and the RFIE was for the I130A missing (not the i130 but the 130a) that my lawyer said was not necessary the thing that pissed me off is that they remember that they miss or want this form after 4 months?! thats very discouraging  

#######??? The i130A is included on the i130 page (Click here) on the USCIS website. I believe in the latest up-to-date instruction packet, it also says you must fill out and include the i130A. Your lawyer is incorrect; the i130A IS absolutely necessary.

 

Don't be too discouraged though. This is an easy thing to take care. We got an RFIE 6 months after filing and it was for our i864. They wanted more financial paperwork and a joint sponsor. I got my EAD one month after we sent the RFIE response so it's likely you'll get yours soon too.

[geowrian 22,337]

An RFE will pause the process on the I-485 and any dependent applications (i.e. an I-765 and I-131). An RFIE will reset the clock for when USCIS considers it out of normal processing timelines. On a practical level, I have not seen much of a difference between an RFE or RFIE in adjudication timelines for the EAD or AP applications...the RFIE just buys them more time before you can submit a service request.

https://www.uscis.gov/policymanual/Print/PolicyManual-Volume1-PartA-Chapter8.html

 

4 hours ago, patata88 said:

I am adjusting from ESTA and the RFIE was for the I130A missing (not the i130 but the 130a) that my lawyer said was not necessary the thing that pissed me off is that they remember that they miss or want this form after 4 months?! thats very discouraging  

Your lawyer is dead wrong and forgot (or worse, missed) a form. The I-130A is listed as a requirement for a spouse beneficiary in the I-130 instructions. There's even a checklist on the bottom of the instructions to remind you of this form being required.

Yeah, it sucks that USCIS took so long to detect the mistake, but avoiding mistakes is the best approach to a minimize delays.

[Teemo 252]

6 hours ago, patata88 said:

I am adjusting from ESTA and the RFIE was for the I130A missing (not the i130 but the 130a) that my lawyer said was not necessary the thing that pissed me off is that they remember that they miss or want this form after 4 months?! thats very discouraging  

Bad lawyer! I130A is definitely necessary - get a refund and a new lawyer

[patata88 1]

Hey guys thank you for your answers is clear now that was my lawyers fault....i didn't want argue with her cause i just want my card....

the uscis received my RFE response... now what? It's already 132 since my PD...when u think i am going to hear something from them....i see a lot of people saying that time restart but i see a lot saying that who was waiting already for more than 90 days from the rfe getting the combo card in less than a month....

Edited June 7, 2018 by patata88

[CaroLeh 15]

23 hours ago, patata88 said:

Hey guys thank you for your answers is clear now that was my lawyers fault....i didn't want argue with her cause i just want my card....

the uscis received my RFE response... now what? It's already 132 since my PD...when u think i am going to hear something from them....i see a lot of people saying that time restart but i see a lot saying that who was waiting already for more than 90 days from the rfe getting the combo card in less than a month....

Do you currently have a work permit? If not, you could try to get a job offer and could try to expedite your EAD. I got my EAD after 125 days of filing (I got a RFIE as well). I am adjusting from F1. 

[patata88 1]

28 minutes ago, CaroLeh said:

Do you currently have a work permit? If not, you could try to get a job offer and could try to expedite your EAD. I got my EAD after 125 days of filing (I got a RFIE as well). I am adjusting from F1. 

Honestly i don't really care about work permit but more the Advance Parole....plus i live in a area where there are not many jobs.....I just hope they schedule the interview asap.....i just hate they sent me an rfe after 4 months....

[CaroLeh 15]

9 minutes ago, patata88 said:

Honestly i don't really care about work permit but more the Advance Parole....plus i live in a area where there are not many jobs.....I just hope they schedule the interview asap.....i just hate they sent me an rfe after 4 months....

That sucks. Are you planning on travelling home? I wonder if you could make an infopass appointment at your field office and ask for a stamp in your passport to be able to return? 

[patata88 1]

37 minutes ago, CaroLeh said:

That sucks. Are you planning on travelling home? I wonder if you could make an infopass appointment at your field office and ask for a stamp in your passport to be able to return? 

The truth is that i've got married here without anyone of my family or my husband's family and I really want a religious ceremony all together. All my family and most of my husband family live in italy....so i planned my wedding in july 2019 and i am so scared i won't make it by then even if my pd is 26 January 2018

[CaroLeh 15]

3 minutes ago, patata88 said:

The truth is that i've got married here without anyone of my family or my husband's family and I really want a religious ceremony all together. All my family and most of my husband family live in italy....so i planned my wedding in july 2019 and i am so scared i won't make it by then even if my pd is 26 January 2018

Don't stress about it! You still have 12 months to go! If worst comes to worst, you should try calling USCIS and ask for a solution. I'd wait until Jan 2019 though.