RFIE Form I-485

[Jaydenx 6]

Hi guys

 

October 2022 AOS filer here!

 

USCIS just issued a Request For Initial Evidence for I-485 today 31/10/2022. I know we have to wait for the mail to know the detail of what initial evidence USCIS is requesting for. But in the mean time, I would like to ask some of ya'll who have been through this situation to know what could possibly be the reasons for the request? Should you guys have any inputs, please do give me a response. 

 

I'm adjusting my status from F-1 (senior year now). Married to US Citizen.

My timeline:

• 10/13/2022: AOS package submisson to Chicago lockbox. Concurrent filling (I-130, I-485, I-131, I-765)
• 10/17/2022: Case was received and a receipt notice was sent
• 10/24/2022: Received 4 receive notices in the mails (we didn't file for E-Notification)
• 10/28/2022: Biometrics appointment was scheduled (for 11/17/2022 I was able to ask Emma)
•  10/31/2022: Request for Initial Evidence was sent

I have not signed up for an online account because my lawyer advised me not do that. She said having an online account may prevent USCIS from sending notices to both my address and the lawyer office instead they will only send notices to my address. As far as I know, some of yall have access to Document tab on the online portal to see what the RFIE is for right away without having to wait for the physical mail but on my end, I have to wait for that. 

 

According to my lawyer, my evidence is very solid. We have gathered as much evidence as possible for the initial submission along with medical exam. However, for the income requirement, my spouse only made 22k (after deductions and everything 1099 form) last year. However, my lawyer was able to use my spouse's saving account of more than 20k to prove for assets to make up for the lack of income. She said only 10k is enough to make up but having more is much better. So we ended up not having to file for co-sponsor. Could this be a reason for RFIE? 

My spouse also change his name during Naturalization but he didn't keep a record so we didn't include evidence for name change in the submission. To better prepare for possible future request for evidence, my spouse has submitted a FOIA request for this. It's still been under processing. Could this be a big issue?

 

My ultimate concern is: Could this RFIE for I-485 prevent USCIS to process my I-765 and I-131 in the mean time? Do they stop and wait until they receive a response for evidence from us so they can continue to process my work authorization and travel document?  

I'm aware this process can take a long time. But as long as I receive the work authorization and SSN or travel document, I'm fine to wait for the interview or green card after that. 

 

 

 

 

[OldUser 6,482]

@Jaydenx I think you accurately identified the weak points of your case.

 

Did you submit copy of your spouse's certificate of naturalization?

 

Also, are you considering finding a co-sponsor meanwhile?

 

Please keep us posted.

 

 

 

 

[Jaydenx 6]

4 minutes ago, OldUser said:

@Jaydenx I think you accurately identified the weak points of your case.

 

Did you submit copy of your spouse's certificate of naturalization?

 

Also, are you considering finding a co-sponsor meanwhile?

 

Please keep us posted.

 

 

 

 

1. I should have included this in the original post because it’s one of my concerns as well, but my lawyer didn’t think it’s big of a deal. Long story short, my spouse lost his original certificate of Naturalization during the Passport application. So he filed for FOIA request, and thankfully, USCIS was able to find the record. (They sent us 2 letters and a digital copy of the certificate) I’m not sure if this could cause any issue or not. Nevertheless, we included all the FOIA responses from USCIS plus a copy of his US. Passport. Should those be satisfied? 
 

2. We do have a co-signer ready if need be. 

[OldUser 6,482]

@Jaydenx it would have been better to obtain another certificate of naturalization. Not sure if USCIS would be happy with their own reply to FOIA as ironic as it sounds.

[Jaydenx 6]

4 minutes ago, OldUser said:

@Jaydenx it would have been better to obtain another certificate of naturalization. Not sure if USCIS would be happy with their own reply to FOIA as ironic as it sounds.

I understand what you say.

However, there are different information floating around saying US. Passport is sufficient enough for proof of citizenship. I'm hopeful if that is the case so my spouse wont have to file for N-565 which costs another $555. 

Do you know if I-485 RFIE could prevent USCIS from issuing work authorization and travel document in the mean time? 

[Rocio0010 5,579]

First of all, your attorney doesn't seem very knowledgeable. I'd seriously consider firing that lawyer and demanding your $$ back. Even folks that are not lawyers know that an I-864 sent without proof of citizenship is not valid. Therefore, you are now stuck with an RFE that will probably bring delays to the case.

Get a copy of the naturalization certificate.

I wouldn't even mess with assets, particularly when it is not a substantial amount.

 

Time to get rid of lawyer and start DIYing. You can do this.

[Jaydenx 6]

2 minutes ago, Rocio0010 said:

First of all, your attorney doesn't seem very knowledgeable. I'd seriously consider firing that lawyer and demanding your $$ back. Even folks that are not lawyers know that an I-864 sent without proof of citizenship is not valid. Therefore, you are now stuck with an RFE that will probably bring delays to the case.

Get a copy of the naturalization certificate.

I wouldn't even mess with assets, particularly when it is not a substantial amount.

 

Time to get rid of lawyer and start DIYing. You can do this.

My spouse actually acquired a copy of certificate of Naturalization through FOIA request. We also included my spouse's US. Passport along with the certificate copy as well. Do you think those aren't sufficient enough? 
I know I'm now stuck with RFIE. Can't make any move until receiving the notice in the mail. However, according to your knowledge, are you aware if NBC still go ahead and process work authorization and travel document after biometric appointment is taken while we prepare for RFIE response?

[Rocio0010 5,579]

6 minutes ago, Jaydenx said:

We also included my spouse's US. Passport along with the certificate copy as well.

Ok, my bad, I actually now went back and read that you did include those.

RFIE stands for Request for Initial Evidence. Since it's Initial evidence, some people say they won't process the case further. However, I have seen stranger things happen at USCIS

[OldUser 6,482]

@Jaydenx I think we're speculating here.

Does the certificate of naturalization match your spouse's legal name and passport details?

 

Maybe let's wait for your RFIE and go from there, once we know what's asked?

[Jaydenx 6]

2 minutes ago, OldUser said:

@Jaydenx I think we're speculating here.

Does the certificate of naturalization match your spouse's legal name and passport details?

 

Maybe let's wait for your RFIE and go from there, once we know what's asked?

1. Yes. My spouse's legal name matches with the certificate of naturalization and US. Passport and all other documents.

 

2. I know. We have to wait for the physical notice in the mail now. 

[SteveInBostonI130 3,408]

I did not see I-864 and I-130a on the list.

[Jaydenx 6]

3 hours ago, SteveInBostonI130 said:

I did not see I-864 and I-130a on the list.

We submitted I-864 and I-130a as well. 

[SteveInBostonI130 3,408]

9 hours ago, Jaydenx said:

We submitted I-864 and I-130a as well. 

 

Thank you for the update.

 

I believe the only item that could be missing from the initial evidence list is the name change document.

[Family 3,988]

On 10/31/2022 at 11:33 AM, Jaydenx said:

My spouse actually acquired a copy of certificate of Naturalization through FOIA request. We also included my spouse's US. Passport along with the certificate copy as well. Do you think those aren't sufficient enough? 
I know I'm now stuck with RFIE. Can't make any move until receiving the notice in the mail. However, according to your knowledge, are you aware if NBC still go ahead and process work authorization and travel document after biometric appointment is taken while we prepare for RFIE response?

1. The US passport copy along with copy of your husband’s Naturalization certificate is sufficient, you won’t need to replace the original. If your attorney FOIAd his file , I will assume he included enough info for his aka ( on his birth certificate, old green card that shows A#..) . You are well prepared to respond and clarify if needed. 

 

2. Your I-864 and self employment income ( 1099) is most likely the culprit ..even though the tax return showed $x amount and attorney added your $ savings to cover shortfall…it does not sound like she /he prepared the dreaded “ current income” docs for self employed ..

Basically 6 months of bank statements showing gross revenue/ deposits along w 6 months of profit and loss statement that backs up current income …

IF you have a Joint Sponsor, get them on board. 
 

 

3. They will pause processing the case ( I-765/I-131) until you respond to RFE. 
 

4. No reason not to set up USCIS online account..assure your attorney it will NOT interfere w her getting copy of notice/ correspondence specific to G-28 legal reps…and you can offer to be her/his first test case .

 

[Jaydenx 6]

55 minutes ago, Family said:

1. The US passport copy along with copy of your husband’s Naturalization certificate is sufficient, you won’t need to replace the original. If your attorney FOIAd his file , I will assume he included enough info for his aka ( on his birth certificate, old green card that shows A#..) . You are well prepared to respond and clarify if needed. 

 

2. Your I-864 and self employment income ( 1099) is most likely the culprit ..even though the tax return showed $x amount and attorney added your $ savings to cover shortfall…it does not sound like she /he prepared the dreaded “ current income” docs for self employed ..

Basically 6 months of bank statements showing gross revenue/ deposits along w 6 months of profit and loss statement that backs up current income …

IF you have a Joint Sponsor, get them on board. 
 

 

3. They will pause processing the case ( I-765/I-131) until you respond to RFE. 
 

4. No reason not to set up USCIS online account..assure your attorney it will NOT interfere w her getting copy of notice/ correspondence specific to G-28 legal reps…and you can offer to be her/his first test case .

 

Thank you for your insights. 
4. For some reasons, my lawyer told me not to register for an online account because it may interfere with her getting copy of notice. That sounds odd to me. But I have not experienced this before so I chose not to do so. If I do, do you think it will cause any problems?