EAD mistake - another 90days?!?!?

[nop1001 0]

hi all,

firstly, i wanted to say that, having been reading the site for a good few months, i really have found it useful and supportive. secondly, i did search the forums, but if my question is a repetition of a previous question/topic, i apologize.

ok - basically I married my American fiance in early july and filed for AOS, EAD, etc a couple of weeks after that. I have received my biometics appointment (30th oct), receipts and a# over the past few weeks and thought all is ok, albeit slow.

Sadly not. I received a "request for initial evidence i-485" letter saying they are missing my wife's I-864. Unfortunately, my legal adviser told me to use a family member as co-sponsor rather than my wife (the family member did file the I-864) as she is a student and the family member exceeds the income thresholds. I did this - filed just I-864 even though my wife is the petitioner of my I-130 - and explained why in a cover letter.

The USCIS letter states I am ineligble for interim EA until 90days after the missing evidence is filed!!!! And this is where it hurts ... i really can't wait for 6months for EAD. I feel like I'm being punished

So - is the 90day a maximum or minimum and is there anything I can do to accelerate this? I appreciate this is my mistake, but 6months without work will drive me insane, as well as to the poorhouse.

thanks in advance

[Krikit 1,163]

Hi nop1001. Not to worry about the standard "90 day" response. They will resume processing on your application as soon as they receive the requested information.

[PaulineA 1]

I'm not sure where you are getting that you will have to wait 6 months. It is usually 90 day's. The sooner you respond to the RFE, the sooner your EAD will begin processing again, and the sooner it will arrive. 90 day's is an estimation, just remember it could be before or after 90 days. If you don't receive the EAD within the 90 day's I would definately be in touch with them about that.

[chloe 1]

hi,

Like the others said, 'dont worry', I received the RFE, it took me 3 weeks to return the evidence and my EAD was

still approved within the 90 days..

It 'seems' processing resumes once evidence is received, though Im no expert.

Edited October 14, 2007 by chloe

[bradcanuck 1]

I received an 864 rfe, sent in everything and confirmed receipt July 5th. I am still waiting for my EAD in the mail though they said I passed namecheck at FBI... so no idea what the delay is now.

[nop1001 0]

thanks for your replies everybody.