EAD/AP evidence requirements

[dannosaur 11]

So having read a fair few threads about this now, I've realised that VJ's guides are somewhat misleading and incomplete, and having followed them almost verbatim, I realise I may have (probably) messed up.

 

The VJ guides include a list of all evidence required to be sent for AoS. Under the EAD/AP sections, it says "include any additional required supporting documentation" for both. It does NOT say anything along the lines of "include multiple copies of everything that's required for AoS".

 

So of course I've only included one set of copies for things that should have 3 (one copy of each application). With EAD/AP applications taking so long to get processed at the minute, I realise that this is something that'll need to be corrected, else an RFE is going to get sent and delay the application even longer.

 

So, my question is... how can I go about ensuring that the evidence that I now know is missing gets included with the application? Is there a way of being able to send more paperwork to the dropbox to be added to my applications, or am I just out of luck and have to wait for the RFE?

 

If there's any moderators reading, please......fix the guides to be clearer!

Edited June 28, 2019 by dannosaur

[USS_Voyager 1,972]

Each application is a separate form and has its own separate instructions as to what’s required for support documents for each form. 

[dannosaur 11]

6 minutes ago, USS_Voyager said:

Each application is a separate form and has its own separate instructions as to what’s required for support documents for each form. 

Yes. I get that now. I'm a doofus. Can I fix it?

[debbiedoo 2,339]

each application has its own required paperwork. You may mail them altogether in the same package, but each one has to have its own copy of the document for its individual file.

 

It's common sense. The guides are pretty straightforward and I've used them for a half dozen application types without issue.

 

Just now, dannosaur said:

Yes. I get that now. I'm a doofus. Can I fix it?

they will either reject it and mail it back to you, or you will get an RFE.

[USS_Voyager 1,972]

As a Hail Mary, you can try to send in the missing paper along with the receipt notice. Maybe they will get it and place it into the file. Who knows

[Pitaya 2,577]

30 minutes ago, dannosaur said:

So having read a fair few threads about this now, I've realised that VJ's guides are somewhat misleading and incomplete, and having followed them almost verbatim, I realise I may have (probably) messed up.

 

The VJ guides include a list of all evidence required to be sent for AoS. Under the EAD/AP sections, it says "include any additional required supporting documentation" for both. It does NOT say anything along the lines of "include multiple copies of everything that's required for AoS". That very concept has been a point of active discussion for a long long time.

 

So of course I've only included one set of copies for things that should have 3 (one copy of each application). With EAD/AP applications taking so long to get processed at the minute, I realise that this is something that'll need to be corrected, else an RFE is going to get sent and delay the application even longer. I don't know if I totally agree with you. The current trend is to send in multiple copies of the required evidence with each application, AOS/EAD/AP. I know that we only sent one copy of that required evidence with we filed the AOS/EAD/AP, we did not send in multiple copies. The kicker is that we didn't get any RFEs at the AOS stage of our journey. I dunno, maybe it depends on the individual adjudicator(s)? 

 

So, my question is... how can I go about ensuring that the evidence that I now know is missing gets included with the application? Is there a way of being able to send more paperwork to the dropbox to be added to my applications, or am I just out of luck and have to wait for the RFE? You really should wait for the RFE. Trying to get supplemental information to be correctly inserted into your file at  this stage is akin to trying to match together two very small needles in two separate huge haystacks. In contrast a RFE has a distinct reference number, so that the supplemental information can more readily be matched to specific file.  

 

If there's any moderators reading, please......fix the guides to be clearer! The moderators don't just sit around "fixing the guides." Suggestions for improvement are submitted by forum members, like yourself, to the administrator, Ewok, for consideration in the Site-Related Discussion - Updates, Ideas, etc forum: https://www.visajourney.com/forums/forum/14-site-related-discussion-updates-ideas-etc/  If the guide is updated, usually the mods and other members are often asked to review, refine, proof the updates.

 

30 minutes ago, dannosaur said:

 

This DIY site works through the hard voluntary work of many folks, including the mods and the organizers, trying to help the next group of folks on their immigration journey, paying it back.

 

Good luck on your immigration journey.

[Pitaya 2,577]

14 minutes ago, USS_Voyager said:

As a Hail Mary, you can try to send in the missing paper along with the receipt notice. Maybe they will get it and place it into the file. Who knows

As having been one of the lucky ones that has had the fortunate pleasure of responding to a RFE from USCIS, they have a method to their madness. The RFE notice has a distinct reference number assigned to it. That notice and the supplemental information have to be returned to USCIS in order for your application/petition to be processed. I made sure to include that reference number in all of my correspondence to USCIS. I suspect that the reference number is the key that enables the supplemental information to be delivered/routed to the specific adjudication requesting the information. I would suspect that a "Hail Mary' play would have a low probability of success.

 

YMMV.

[Mrsjackson 300]

I would try to send it in correctly now and pray it works although it’s not something I’ve heard of. 

 

I sympathize with you. The guides on here are not as detailed as the process is but I’ve always posted everything in my application in the order it’s in and other users have always told me what’s missing. Almost did the same thing as you before someone told me it’s three separate applications. I also would really like a mod to just make a little note of that on there. 

 

Im going on month four since filing for AP and nothing. Really ridiculous how long it’s taking now. No one should be stuck unable to leave the country for 4 - 6 months. 

[dannosaur 11]

5 minutes ago, Pitaya (火龙果) said:

I would suspect that a "Hail Mary' play would have a low probability of success.

I'm starting to think you're probably right. Other sites where people have asked similar questions have said similar things - without anything concrete to link the evidence to a specific application, you might as well just throw the paperwork in the trash and save the postage fee; you'll get the same result either way.

 

What also concerns me is this...

 

https://www.uscis.gov/news/news-releases/uscis-updates-policy-guidance-certain-requests-evidence-and-notices-intent-deny

 

Now I get that it's giving more discretion to the adjudicator, but if you end up on the desk of someone who's having a bad day with an application that's lacking in evidence (unintentionally), he *can* just refuse it without sending an RFE. Not saying that that'll happen, but it's a possibility. At that point if that happens, I guess filing again (and paying the fees that were foregone the last time as a result of filing with AoS) is the only option, and going to the back of the line and starting over.

[dannosaur 11]

4 minutes ago, Mrsjackson said:

Really ridiculous how long it’s taking now. No one should be stuck unable to leave the country for 4 - 6 months. 

Oh I know! They don't want you to become a public charge (hence the affidavits of support), but also don't want you to work without their say so. But won't give you their decision for 6+ months. And in the case of a mistake that could ultimately result in the application being denied, a further 6 month (or however long it takes when re-submitting the application) wait again. I figured they'd be wanting you to be earning money and pay your taxes as soon as possible!

 

With AoS taking nearly 2 years in some locations to be adjudicated (I *know* this application is complete, so shouldn't have any issues there), although USCIS are supposedly redistributing workload across the country to get these times down, it makes me wonder which I'll end up getting first - GC or EAD.

[Pitaya 2,577]

7 minutes ago, Mrsjackson said:

I would try to send it in correctly now and pray it works although it’s not something I’ve heard of. 

 

I sympathize with you. The guides on here are not as detailed as the process is but I’ve always posted everything in my application in the order it’s in and other users have always told me what’s missing. Almost did the same thing as you before someone told me it’s three separate applications. I also would really like a mod to just make a little note of that on there. Mods don't make little notes of that on anything. It is primarily through the suggestions posted by fellow VJ members on the Site-Related Discussion Forum that the guides get revised.

 

Im going on month four since filing for AP and nothing. Really ridiculous how long it’s taking now. No one should be stuck unable to leave the country for 4 - 6 months.  It is ridiculous. That sounds like the real point of your ire, and there is nobody, mods, organizers, on this site that can fix the broken-down USCIS jalopy. I suspect that there are a lot of us that would love too...

Good luck on your immigration journey.

[dannosaur 11]

This page from USCIS's adjudicator's manual is also interesting...

 

https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-1067/0-0-0-1318.html

 

Specifically; (emphasis mine)

 

Quote

(2)       Considerations Prior to Issuing RFEs   .  

Initial case review should be thorough. Although the burden of proof is on the applicant, petitioner, or requestor, before issuing an RFE or NOID, an officer may assess whether the information needed is available in USCIS databases or systems. Occasionally, certain evidence or information not submitted with the application, petition, or request may be readily accessible in other USCIS records or otherwise available from external sources. If such information is available in USCIS databases or systems, an officer may obtain the information from these sources rather than issuing an RFE or a NOID. Adjudicators have the discretion to validate assertions or corroborate evidence and information by consulting USCIS or other governmental files, systems, and databases, or by obtaining publicly available information. 8 USC 1357(b).

So they have the option open to them for seeing the evidence from other applications (key word "may"). One can assume that evidence submitted with an AoS application will be in their systems, and with the evidence crossovers they should be able to find everything they're looking for.

 

Again, not suggesting that this is what will happen, but it's in their manual that they can go looking elsewhere within their systems before issuing an RFE or a denial.

 

There's hope yet. Guess I'll just have to sit tight and wait for all this to unfold!

[Mrsjackson 300]

17 minutes ago, Pitaya (火龙果) said:

Good luck on your immigration journey.

No. It’s true that I wish the mods would change the guides. This does not in any way mean I am ungrateful for what they do voluntarily every day. I know what is motivating my feelings about things better than anyone else. I hope they make a few changes to avoid the OP’s predicament in future. 

 

 

 

 

[Pitaya 2,577]

2 minutes ago, Mrsjackson said:

No. It’s true that I wish the mods would change the guides. This does not in any way mean I am ungrateful for what they do voluntarily every day. I know what is motivating my feelings about things better than anyone else. I hope they make a few changes to avoid the OP’s predicament in future. 

 

 

 

 

Submit your positive suggestions for improvement of the forums in the appropriate forum.

[dannosaur 11]

54 minutes ago, Pitaya (火龙果) said:

Suggestions for improvement are submitted by forum members, like yourself, to the administrator, Ewok, for consideration in the Site-Related Discussion - Updates, Ideas, etc forum

As it happens, this exact change has already been requested... over 2 months ago!

While I am truly grateful for the wealth of information provided here voluntarily by all who maintain the site, suggesting to make a post to get guides updated for things that keep coming up again and again, when these posts just get ignored doesn't instill a great deal of confidence that it'll actually happen.