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Mallori

Request for Initial Evidence and Affect of EAD

By Mallori in Adjustment of Status Case Filing and Progress Reports

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Mallori Newbie

Mallori   0

Posted
Filed: AOS (pnd) Country: Canada
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Posted

Hi there,

 

I'm currently working in America on a TN Visa - in November I applied for an AOS with the I-130 from marrying a US citizen. 

 

I just received a "Request for Initial Evidence" from my AOS, they need my "long form" birth certificate which I didn't know was a thing but I've ordered one now. But it takes quite a while to come in. I'm wondering if they won't issue me my I-765 EAD until I am able to send in this birth certificate or if that is completely separate. 

 

Anyone have thoughts?

 

Thanks.

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TBoneTX Grand Master

TBoneTX   45,303

Posted
Filed: Citizen (apr) Country: Ecuador
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Posted

Thread is moved from Off Topic to the "AOS from WS&T Visas" Case Progress subforum, to be among similar topics.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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mikafo Rookie

mikafo   6

Posted
Filed: FB-3 Visa Country: France
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Posted

It is not separate.  The EAD process stops until USCIS receives the long form birth certificate.  Make sure you the correct info within the timeframe thats on the the RFIE letter. 

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nyj215 Enthusiast

nyj215   103

Posted
Filed: Citizen (apr) Country: United Kingdom
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Posted

Moreover I think (based on watching how things have unfolded in the monthly tracker threads in the K1 progress report forum) that there is zero chance of the EAD/AP approval until the RFE from the I-485 goes from we have received your response to our request for evidence, to interview is ready to be scheduled.  

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vanessanguyen083 Apprentice

vanessanguyen083   13

Posted
Filed: AOS (pnd) Country: Vietnam
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Posted
16 hours ago, nyj215 said:

Moreover I think (based on watching how things have unfolded in the monthly tracker threads in the K1 progress report forum) that there is zero chance of the EAD/AP approval until the RFE from the I-485 goes from we have received your response to our request for evidence, to interview is ready to be scheduled.  

Well that makes sense, because the eligibility of EAD/AP depends on whether the officer is satisfied with the RFE response or not. Mine is at a 70-plus-day standstill after they received my RFIE response. Should I be very worried? Both of my EAD/AP estimates were past due :(

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