Request for Initial Evidence (I-485) Questions

[geowrian 22,337]

1 hour ago, a7choi said:

Thanks a lot for your reply. So, it's safe to say I'd have to wait another 4 - 6 months? That's a long time... I really hope we hear back much sooner.

I know the USCIS has been very slow, especially this year, but did they really take 6 months to determine that I missed my federal tax income returns?

That's an awful lot of time to take before sending an RFIE..

 

Also, I've read mixed things about timelines regarding RFE vs RFIE... I've heard, like you said, there isn't really a difference in the waits.. Is it stated anywhere on the USCIS site that the RFIE resets the timer?

Nobody can say how long you will have to wait. But for the I-765 and I-131, my understanding over the years is that it usually isn't that much longer of a wait. An RFIE just resets the clock that USCIS uses for service requests due to being outside normal timelines.

Yes, that is 100% possible. There is a massive backlog so the forms sit and wait to be assigned. Some people work faster, have other priorities (not just AOS cases), vacations, etc. There's not much to be done about it than to hire more people and wait for them to be trained ...but by then or shortly after doping so, the backlog might be gone and eliminate the need for those people. It's a tough balancing act.

 

The official notice on this has been removed from their website during the last site-wide updates. But here's the old notice:

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

[britishandusa 446]

16 hours ago, a7choi said:

Hello,

 

I (petitioner) received a request for initial evidence for my wife's I-485 application, stating that I "must submit a complete Federal income tax return submitted to the IRS for the most recent tax year." So, I printed out and submitted copies of my 2016 and 2017 1040 tax return forms, W-2 forms, a copy of my most recent bank statement, a copy of my original I-864, and even my company business card (to hopefully validate my income and employment lol?) via FedEx overnight delivery. The status update page on the USCIS site updated our case and shows that they've received our documents last Friday.

 

I have a few questions regarding my situation, and any help would be greatly appreciated!

1) We included applications for my wife's EAD (I-765) and Travel Document (I-131) in our initial I-485 application. Will this RFE affect when her EAD and Travel Document are approved and released? Only the receipt number for our I-485 application is referenced on the RFE, not the receipt numbers for the EAD or Travel Document.

2) Normally how much longer after USCIS receives our RFE documents does it take to hear back or get anything approved?

3) My income is around $70k. Is this sufficient to for USCIS to proceed with my wife's I-485 application?

4) I see people talk about the the request for evidence (RFE), but our notice states "Request for Initial Evidence." Is the "initial" irrelevant or is there a difference between RFE and RFIE?

 

This whole process has been so frustrating, so I would really appreciate any help at all... We originally submitted our applications in mid March 2018, and we initially thought we'd eat least get her EAD and Travel Document within a few months. I'm the only one making any money in the household, so financially, it's been a struggle to pay for all our expenses, and my wife's been really down lately because of all the delays. Apologies for the lengthy read, and thanks again for your guys' help!

 

Thanks!

We received the exact same RFIE. It took them 3 months to change “Received” to “Ready to Schedule for Interview” on the website but internally (confirmed via phone), it took 2 months to change for interview. 

 

Contrary to the belief, it did NOT reset our clock. My husband got approved for his EAD two days ago (Our application was received on April 20th). 

 

 

[a7choi 2]

16 hours ago, geowrian said:

Nobody can say how long you will have to wait. But for the I-765 and I-131, my understanding over the years is that it usually isn't that much longer of a wait. An RFIE just resets the clock that USCIS uses for service requests due to being outside normal timelines.

Yes, that is 100% possible. There is a massive backlog so the forms sit and wait to be assigned. Some people work faster, have other priorities (not just AOS cases), vacations, etc. There's not much to be done about it than to hire more people and wait for them to be trained ...but by then or shortly after doping so, the backlog might be gone and eliminate the need for those people. It's a tough balancing act.

 

The official notice on this has been removed from their website during the last site-wide updates. But here's the old notice:

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

Great. Thanks again for your input on this, geowrian. I'm really hoping the USCIS will address our case quickly.. I don't understand how they are comfortable with taking so much time processing these cases.. People's lives are literally at stake here, in my view.

 

Also, does this mean i won't be able to put in a service request right now if my case has extended beyond the processing time?

[a7choi 2]

3 hours ago, britishandusa said:

We received the exact same RFIE. It took them 3 months to change “Received” to “Ready to Schedule for Interview” on the website but internally (confirmed via phone), it took 2 months to change for interview. 

 

Contrary to the belief, it did NOT reset our clock. My husband got approved for his EAD two days ago (Our application was received on April 20th). 

 

 

Wow.. so did you guys receive your husband's EAD around 5 months after you submitted your documents for your RFIE?

Also, were you eligible to schedule for an interview BEFORE you received your EAD?

 

edit: thank you so much for your input by the way!

Edited September 12, 2018 by a7choi

[geowrian 22,337]

51 minutes ago, a7choi said:

Great. Thanks again for your input on this, geowrian. I'm really hoping the USCIS will address our case quickly.. I don't understand how they are comfortable with taking so much time processing these cases.. People's lives are literally at stake here, in my view.

 

Also, does this mean i won't be able to put in a service request right now if my case has extended beyond the processing time?

The only way to really hit the backlog harder quickly is to hire more people...which takes months to perform, and then they would clear the backlog and likely have to let them go. Not easy to manage, but yes, they are very slow to adapt to changes in workloads.

 

Correct, you would need to wait 75 or 90 days from receipt of the RFIE response before they will consider it outside normal processing times. As noted above, I haven't noticed a significant difference in actual processing timelines vs an RFE....it's just how USCIS treats it for service requests.

 

52 minutes ago, a7choi said:

Also, were you eligible to schedule for an interview BEFORE you received your EAD?

An interview can be scheduled (and completed and I-485 approved) before an I-765 or I-131 is approved. Those forms are optional for AOS.

[a7choi 2]

1 hour ago, geowrian said:

The only way to really hit the backlog harder quickly is to hire more people...which takes months to perform, and then they would clear the backlog and likely have to let them go. Not easy to manage, but yes, they are very slow to adapt to changes in workloads.

 

Correct, you would need to wait 75 or 90 days from receipt of the RFIE response before they will consider it outside normal processing times. As noted above, I haven't noticed a significant difference in actual processing timelines vs an RFE....it's just how USCIS treats it for service requests.

 

An interview can be scheduled (and completed and I-485 approved) before an I-765 or I-131 is approved. Those forms are optional for AOS.

 

Wow.. that's a BUMMER.. this whole process has been such a nightmare. Trying to keep my wife occupied and being the only one working for so long has been pretty tough. I just FedEx overnighted my official tax return documents from the IRS website today as a supplement, so hopefully that doesn't delay things any further. It looks like now I'll just have to wait.... Thanks again for your input on my situation. I just reallyh ope the I-765 and I-131 get approved shortly.

[Diane and Chris 651]

23 hours ago, a7choi said:

Many thanks for you reply! I've seen lots of discussion regarding RFE and insufficient income, so I just wanted to make sure my income is sufficient.

If you make above $20,300 per year you are fine. There is an income chart you can find very easily on many sites. 

 

It took us 142 days for EAD and 15 months for AOS. You may have a long time to wait. Perhaps your wife could find some volunteer work to do.  The best thing to do is keep busy and practice your patience. At least you two are together. 

Edited September 13, 2018 by Diane and Chris

[a7choi 2]

58 minutes ago, Diane and Chris said:

If you make above $20,300 per year you are fine. There is an income chart you can find very easily on many sites. 

 

It took us 142 days for EAD and 15 months for AOS. You may have a long time to wait. Perhaps your wife could find some volunteer work to do.  The best thing to do is keep busy and practice your patience. At least you two are together. 

Thanks for the kind words. We just hit the 6 month mark... so, I'm not sure how much longer we'd have to wait... but we're really hoping to receive some kind of approval soon.

[britishandusa 446]

On 9/12/2018 at 4:31 PM, a7choi said:

Wow.. so did you guys receive your husband's EAD around 5 months after you submitted your documents for your RFIE?

Also, were you eligible to schedule for an interview BEFORE you received your EAD?

 

edit: thank you so much for your input by the way!

Nope. It was 5 months after we submitted for AOS/EAD.

We're in Orlando, so it will be awhile before we get a date for an interview but it could be any day now!

 

No problem! x

[Chloe1981 9]

On 9/13/2018 at 9:50 PM, britishandusa said:

Nope. It was 5 months after we submitted for AOS/EAD.

We're in Orlando, so it will be awhile before we get a date for an interview but it could be any day now!

 

No problem! x

Hi, just been reading this thread. Sounds like the same situation my husband and I are in. We filed the request for tax return on Aug 15th and it still just says 'recieved' We literally just sent his W-2 form, nothing else. I'm kinda worried reading all this now, like I've not sent enough, but the whole process has taken a long time so far. (Filed for AOS in Jan this year) Still waiting to hear, have u heard anything yet? I know this threads a month or so old. 

Thanks 

[britishandusa 446]

4 hours ago, Chloe1981 said:

Hi, just been reading this thread. Sounds like the same situation my husband and I are in. We filed the request for tax return on Aug 15th and it still just says 'recieved' We literally just sent his W-2 form, nothing else. I'm kinda worried reading all this now, like I've not sent enough, but the whole process has taken a long time so far. (Filed for AOS in Jan this year) Still waiting to hear, have u heard anything yet? I know this threads a month or so old. 

Thanks 

Hey there.

 

You might have an RFE. Have you already done biometrics? You should fill out your timeline on Visajourney! It would help get a better understanding of where you are in the process. x

[Chloe1981 9]

35 minutes ago, britishandusa said:

Hey there.

 

You might have an RFE. Have you already done biometrics? You should fill out your timeline on Visajourney! It would help get a better understanding of where you are in the process. x

Hey, yes had my biometrics back in March so still waiting. Then received this in August so replied the same day but it just says tjat rhey have received the evidence and will continue the process. Guess I'll just have to keep waiting. Thanks 😊

[a7choi 2]

5 hours ago, Chloe1981 said:

Hey, yes had my biometrics back in March so still waiting. Then received this in August so replied the same day but it just says tjat rhey have received the evidence and will continue the process. Guess I'll just have to keep waiting. Thanks 😊

Hi Chloe - just as a heads up, after sending over my supplemental forms for my RFIE, my wife received her EAD/AP within a month. We're still waiting to hear back on the AOS. We originally sent applications for her AOS/EAD/AP together in March, did her biometrics in April, and just recently received her EAD/AP. Hope this helps.