Request for Initial Evidence - Time Limitation

[q-panic 0]

Hey there,

thanks to Visa Journey and all those nice folks here I was let into the United States on my K-1 Visa on August, 26th. We got married really quickly and since I had all the paperwork prepared and ready, we filed for AOS on September 14th (that's the day the I-485 was delivered). So far so good.

On October 24th, I received a request for Initial Evidence (tax stuff of my joint-sponsor, my mother-in-law). I sent the missing stuff right away and it arrived at the USCIS on October 31st.

But here's the problem: On the letter of Request for Initial Evidence it says the following:

"You are ineligible for interim employment authorization pursuant to Title 8, Code of Federal Regulations, Section 103.2 (B) (10) (ii) until ninety (90) days after the missing initial evidence is received".

I looked it up. Title 8 etc. says:

10) Effect of a request for initial or additional evidence for fingerprinting or interview rescheduling —(i) Effect on processing. The priority date of a properly filed petition shall not be affected by a request for missing initial evidence or request for other evidence. If an application or petition is missing required initial evidence, or an applicant, petitioner, sponsor, beneficiary, or other individual who requires fingerprinting requests that the fingerprinting appointment or interview be rescheduled, any time period imposed on USCIS processing will start over from the date of receipt of the required initial evidence or request for fingerprint or interview rescheduling. If USCIS requests that the applicant or petitioner submit additional evidence or respond to other than a request for initial evidence, any time limitation imposed on USCIS for processing will be suspended as of the date of request. It will resume at the same point where it stopped when USCIS receives the requested evidence or response, or a request for a decision based on the evidence.

(ii) Effect on interim benefits. Interim benefits will not be granted based on an application or petition held in suspense for the submission of requested initial evidence, except that the applicant or beneficiary will normally be allowed to remain while an application or petition to extend or obtain status while in the United States is pending. The USCIS may choose to pursue other actions to seek removal of a person notwithstanding the pending application. Employment authorization previously accorded based on the same status and employment as that requested in the current application or petition may continue uninterrupted as provided in 8 CFR 274a.12(B)(20) during the suspense period.

---

So what does that mean for me? I am put on hold for 3 months? Is it possible to get a biometrics appointment before those three months are over? I really don't understand why it is necessary to block me for receiving my temporary work authorization for three whole months? I really need this work authorization. I am doing an unpaid internship right now but the company would hire me if I had my paperwork.

Can I do something? Might a nice and respectful letter to the USCIS help or is that counterproductive?

I am actually really angry because I also received a letter from the DMV here in L.A. saying that the Department of Homeland security was unable to verify my identity and therefore cannot process my application for a driver's license (I have already passed the written and the behind the wheel driving test and paid all fees and did all the paperwork). Now they cannot verify my identity? I paid 1010 dollars for the application of AOS and cannot even get a driver's license. And no work authorization either.

And the biggest irony of all: a friend of mine won his Green Card in the lottery and he has been here for two months now and has everything: driver's license, resident ship card - and a job. What makes the lottery winner so much more trustworthy than a guy who marries a US citizen. The whole process is really quite frustrating... life could be so easy...

Sorry about the rant, I needed to vent a little. However, does anybody have an idea how to speed up the application for the temporary work permit? Life is not that cheap here in California. I need to work...

Thanks so much for your help. It is greatly appreciated.

[kim&james 0]

All RFE letters have that on them.

Processing on your cases (all) stops until they receive back the requested info. Since you have done so in a timely manner, your cases should pick back up on processing. Just remember that at the moment they are incredibly backlogged and from reading lots of posts on here, there are quite a few people who are over the 90 day processing time.

[bradcanuck 1]

As stated above all RFE state this. This was not the case, I had the exact same RFE and my EAD was approved well before the 90 day quote they gave. Worry not my friend.

[pervez 4]

Hey there,

thanks to Visa Journey and all those nice folks here I was let into the United States on my K-1 Visa on August, 26th. We got married really quickly and since I had all the paperwork prepared and ready, we filed for AOS on September 14th (that's the day the I-485 was delivered). So far so good.

On October 24th, I received a request for Initial Evidence (tax stuff of my joint-sponsor, my mother-in-law). I sent the missing stuff right away and it arrived at the USCIS on October 31st.

But here's the problem: On the letter of Request for Initial Evidence it says the following:

"You are ineligible for interim employment authorization pursuant to Title 8, Code of Federal Regulations, Section 103.2 (B) (10) (ii) until ninety (90) days after the missing initial evidence is received".

I looked it up. Title 8 etc. says:

10) Effect of a request for initial or additional evidence for fingerprinting or interview rescheduling —(i) Effect on processing. The priority date of a properly filed petition shall not be affected by a request for missing initial evidence or request for other evidence. If an application or petition is missing required initial evidence, or an applicant, petitioner, sponsor, beneficiary, or other individual who requires fingerprinting requests that the fingerprinting appointment or interview be rescheduled, any time period imposed on USCIS processing will start over from the date of receipt of the required initial evidence or request for fingerprint or interview rescheduling. If USCIS requests that the applicant or petitioner submit additional evidence or respond to other than a request for initial evidence, any time limitation imposed on USCIS for processing will be suspended as of the date of request. It will resume at the same point where it stopped when USCIS receives the requested evidence or response, or a request for a decision based on the evidence.

(ii) Effect on interim benefits. Interim benefits will not be granted based on an application or petition held in suspense for the submission of requested initial evidence, except that the applicant or beneficiary will normally be allowed to remain while an application or petition to extend or obtain status while in the United States is pending. The USCIS may choose to pursue other actions to seek removal of a person notwithstanding the pending application. Employment authorization previously accorded based on the same status and employment as that requested in the current application or petition may continue uninterrupted as provided in 8 CFR 274a.12(B)(20) during the suspense period.

---

So what does that mean for me? I am put on hold for 3 months? Is it possible to get a biometrics appointment before those three months are over? I really don't understand why it is necessary to block me for receiving my temporary work authorization for three whole months? I really need this work authorization. I am doing an unpaid internship right now but the company would hire me if I had my paperwork.

Can I do something? Might a nice and respectful letter to the USCIS help or is that counterproductive?

I am actually really angry because I also received a letter from the DMV here in L.A. saying that the Department of Homeland security was unable to verify my identity and therefore cannot process my application for a driver's license (I have already passed the written and the behind the wheel driving test and paid all fees and did all the paperwork). Now they cannot verify my identity? I paid 1010 dollars for the application of AOS and cannot even get a driver's license. And no work authorization either.

And the biggest irony of all: a friend of mine won his Green Card in the lottery and he has been here for two months now and has everything: driver's license, resident ship card - and a job. What makes the lottery winner so much more trustworthy than a guy who marries a US citizen. The whole process is really quite frustrating... life could be so easy...

Sorry about the rant, I needed to vent a little. However, does anybody have an idea how to speed up the application for the temporary work permit? Life is not that cheap here in California. I need to work...

Thanks so much for your help. It is greatly appreciated.

I am guessing many Requests for Initial Evidence are being sent out to give USCIS additional processing time, beyond the 90 days required by law, but not because all those applications have missing data.

By sending me an RfIE, requesting and being returned data that USCIS already got with the initial filing of the petition, they bought themselves additional 40 days.

Edited November 14, 2007 by pervez

[q-panic 0]

Thanks for the replies. So I guess I can still be hopeful... I will check my mailbox everyday and hope to find good news soon...