Does A RFE for Initial Evidence Delay My EAD/AP?

[CanadianTank 9]

I've submitted my I-130/I-485 for AoS (based on the marriage to my USC partner).  I got a notification of an initial RFE for the I-485.  I was wondering if this will delay my EAD/AP.

 

Also another quick question about the RFE letter? How quickly does it take to arrive.  It has been over a week now and nothing.  My first USCIS letter took two days to arrive. 

 

 

[Crazy Cat 41,858]

17 minutes ago, CanadianTank said:

I was wondering if this will delay my EAD/AP.

The RFE can delay your EAD.  In fact, a request for initial evidence could reset the clock to zero for the I-485, I-131, and I-765.......

 

https://www.avvo.com/legal-answers/can-i-485-rfe-delay-the-approval-of-i765--3156711.html

Edited July 15, 2020 by Lucky Cat

[emekus94 1,125]

11 minutes ago, CanadianTank said:

I've submitted my I-130/I-485 for AoS (based on the marriage to my USC partner).  I got a notification of an initial RFE for the I-485.  I was wondering if this will delay my EAD/AP.

 

Also another quick question about the RFE letter? How quickly does it take to arrive.  It has been over a week now and nothing.  My first USCIS letter took two days to arrive. 

 

 

Technically, the AOS and EAD are two separate applications.

An RFE in one doesn't necessarily mean an RFE in the other. It depends on what the RFE is for. If the RFE is for a document (such as marriage certificate) that is also needed for EAD, then yes, your EAD will be delayed. 

In general tho, we tend to see one delay the other since most of the time, the document that's for RFE is needed for both.

 

As for the letter: expect 7-14 days from when they told you an RFE is coming.

[Lucky2Lucky 2,526]

1 hour ago, CanadianTank said:

I've submitted my I-130/I-485 for AoS (based on the marriage to my USC partner).  I got a notification of an initial RFE for the I-485.  I was wondering if this will delay my EAD/AP.

 

Also another quick question about the RFE letter? How quickly does it take to arrive.  It has been over a week now and nothing.  My first USCIS letter took two days to arrive. 

 

 

Yes, it will delay it.. it takes time for you to get the letter, collect and submit the evidence, await them to receive it, open it and place it with your application. While if you had no RFE none of these steps would have happened.. Be happy you got an RFE and not a denial as USCIS had announced about a year ago they no longer have to send RFE's and can deny it outright. Always check your documents over 3x before submitting. 

[CanadianTank 9]

Thanks for letting me know, everyone!

 

One last question, if I call USCIS, can they tell me what evidence is needed?  I'm wanting to get a jump on this

[Ayrton 965]

7 hours ago, emekus94 said:

Technically, the AOS and EAD are two separate applications.

An RFE in one doesn't necessarily mean an RFE in the other. It depends on what the RFE is for. If the RFE is for a document (such as marriage certificate) that is also needed for EAD, then yes, your EAD will be delayed. 

In general tho, we tend to see one delay the other since most of the time, the document that's for RFE is needed for both.

 

As for the letter: expect 7-14 days from when they told you an RFE is coming.

That's not how it works.

 

EAD C9 can only be approved if you have a pending AOS. If the AOS application has a RFE, it will pause the EAD.

 

[juancarlos 126]

On 7/15/2020 at 12:34 PM, CanadianTank said:

I've submitted my I-130/I-485 for AoS (based on the marriage to my USC partner).  I got a notification of an initial RFE for the I-485.  I was wondering if this will delay my EAD/AP.

 

Also another quick question about the RFE letter? How quickly does it take to arrive.  It has been over a week now and nothing.  My first USCIS letter took two days to arrive. 

 

 

I am just curious. Do you know what document were you missing? Or what do you think you missed?

[SalishSea 17,829]

On 7/15/2020 at 12:55 PM, CanadianTank said:

Thanks for letting me know, everyone!

 

One last question, if I call USCIS, can they tell me what evidence is needed?  I'm wanting to get a jump on this

No, they will not.  You just have to wait for the letter.