RFE

[david b 2]

I had my biometrics appointment today, and when I got home I decided to check the statue of my AOS and EAD etc, and to my horror it says RFE!

I haven't got the letter yet but I know it is coming and I am worried. It is RFE on my AOS status application, what I wanted to know is, will it slow down my EAD?

I really want this before anything else really as I need to work! Of course I need my green card but if I have the EAD then I can survive a bit longer, our savings are really running low!

Is it true that some people just get the green card and don't get the EAD? The green card means I don't need the EAD right?

[newlyweds2010 208]

I had my biometrics appointment today, and when I got home I decided to check the statue of my AOS and EAD etc, and to my horror it says RFE!

I haven't got the letter yet but I know it is coming and I am worried. It is RFE on my AOS status application, what I wanted to know is, will it slow down my EAD?

I really want this before anything else really as I need to work! Of course I need my green card but if I have the EAD then I can survive a bit longer, our savings are really running low!

Is it true that some people just get the green card and don't get the EAD? The green card means I don't need the EAD right?

RFEs on the AOS shouldn't slow down the rest, because the three files (AOS, EAD and AP) are separate. If everything is fine with the documents you submitted for the EAD, you should be fine with that.

If you applied for EAD, then you should get one. there are people who receive the EAD one day and the following day have it withdrawn by the USCIS officer at the AOS interview. They still received it, although they never used it.

The green card means that you don't need the EAD. you don't even need the actual card to start working, because the stamp in your passport after passing the AOS interview is one of the documents from list A in form I-9, therefore sufficient to work while you are waiting to receive the green card in the mail.

[VanessaTony 3,567]

RFEs on the AOS shouldn't slow down the rest, because the three files (AOS, EAD and AP) are separate. If everything is fine with the documents you submitted for the EAD, you should be fine with that.

If you applied for EAD, then you should get one. there are people who receive the EAD one day and the following day have it withdrawn by the USCIS officer at the AOS interview. They still received it, although they never used it.

The green card means that you don't need the EAD. you don't even need the actual card to start working, because the stamp in your passport after passing the AOS interview is one of the documents from list A in form I-9, therefore sufficient to work while you are waiting to receive the green card in the mail.

Wrong sorry.

The EAD whilst adjudicated separately to the AOS, is DEPENDANT on it. If the AOS is denied, the EAD is voided, same with AP. If you get an RFE for AOS the entire process is halted because if they can't determine if you're eligible for AOS, they can't determine if you're eligible for the EAD, or AP.

If you get the GC then no, you don't need an EAD. If you get the EAD before the GC then once you get the GC the EAD is voided.

Most commonly now you won't get a GC stamp in your passport either, so don't bank on that.

[newlyweds2010 208]

Wrong sorry.

The EAD whilst adjudicated separately to the AOS, is DEPENDANT on it. If the AOS is denied, the EAD is voided, same with AP. If you get an RFE for AOS the entire process is halted because if they can't determine if you're eligible for AOS, they can't determine if you're eligible for the EAD, or AP.

If you get the GC then no, you don't need an EAD. If you get the EAD before the GC then once you get the GC the EAD is voided.

Most commonly now you won't get a GC stamp in your passport either, so don't bank on that.

of course it is dependent, and of course if the AOS is denied the EAD is void. I was just saying that everybody receives the EAD while the AOS is pending. I received the AP one month ago, the EAD a week ago and I barely had the interview scheduled for december. for what I know, I could get and RFE in the mail monday morning. not to mention that the interview could go bad. but I still have an EAD.

[VanessaTony 3,567]

of course it is dependent, and of course if the AOS is denied the EAD is void. I was just saying that everybody receives the EAD while the AOS is pending. I received the AP one month ago, the EAD a week ago and I barely had the interview scheduled for december. for what I know, I could get and RFE in the mail monday morning. not to mention that the interview could go bad. but I still have an EAD.

I didn't say you don't get it, of course you get it, it's the whole point of filing the EAD and AP... to get them before the GC.

I was simply saying that IF you get an RFE before your EAD (or AP) is approved then your EAD and AP processes are halted. You will not get your EAD (or AP) approved while waiting to reply to an RFE. Everything is halted, GC, EAD and AP when the RFE is issued.

You stated:

RFEs on the AOS shouldn't slow down the rest, because the three files (AOS, EAD and AP) are separate. If everything is fine with the documents you submitted for the EAD, you should be fine with that.

that's wrong. Like I said, RFE's stop the entire process (Gc, EAD and AP). You don't have the EAD and AP at the time the RFE is issued, you will not get them until the RFE is satisfactorily replied to.

Edited November 7, 2010 by Vanessa&Tony

[david b 2]

Thanks for the replys, I got the letter, you are correct, the EAD is halted until they get the evidence requested. I got the letter today and it says this.

My sponsor does earn enough from her job, but she gets 2 annuities paid into her bank every month which takes her income to way over the requirements.

Do these count toward the earning requirements? I sent letters showing these amounts but maybe they need more evidence of it?

The letter is rather general and it says they want letter from employment showing hours and wages...although i did send the tax transcript.

Also, says asset info.... which she doesnt need to use as her income is enough... its so stressful!

She gets inheritance and social security payments every month for life, which I hope is all they need clarified. I sure hope these count as I can't find any info about using these for income. These annuities did not show on the tax forms either....I guess I will just call the number and find out.

[Nich-Nick 3,354]

Your post is not clear as to what you counted as income and exactly what you provided as proof of income. Was it only a tax transcript?

[JimVaPhuong 4,863]

Thanks for the replys, I got the letter, you are correct, the EAD is halted until they get the evidence requested. I got the letter today and it says this.

My sponsor does earn enough from her job, but she gets 2 annuities paid into her bank every month which takes her income to way over the requirements.

Do these count toward the earning requirements? I sent letters showing these amounts but maybe they need more evidence of it?

The letter is rather general and it says they want letter from employment showing hours and wages...although i did send the tax transcript.

Also, says asset info.... which she doesnt need to use as her income is enough... its so stressful!

She gets inheritance and social security payments every month for life, which I hope is all they need clarified. I sure hope these count as I can't find any info about using these for income. These annuities did not show on the tax forms either....I guess I will just call the number and find out.

The letters you sent showing the annuities - who were they from? If a sponsor declares income on an affidavit that is not declared on their tax return then they need to provide credible evidence that the income exists, and is likely to continue. When evaluating an affidavit of support, it's the IO's job to determine if the sponsor has sufficient income now, and is likely to have sufficient income in the future. They won't accept a self-declaration of income, such as a letter from the sponsor stating "I get money from such and such every month". They would need proof, like statements from the payer, and bank account statements showing the monthly deposits.

[Brandi n Michael 8]

I could be wrong here (I'm certain Vanessa&Tony will correct me ) but that shouldn't stop the EAD from processing, reasoning being that you can apply for EAD first, before AoS. Fulfill the requirements of the RFE by submitting a letter from the source of these payments (ie. cheque stub, letter from SS and inheritance provider stipulating the amount and duration that sponsor will receive money)

Brandi

[JimVaPhuong 4,863]

I could be wrong here (I'm certain Vanessa&Tony will correct me ) but that shouldn't stop the EAD from processing, reasoning being that you can apply for EAD first, before AoS. Fulfill the requirements of the RFE by submitting a letter from the source of these payments (ie. cheque stub, letter from SS and inheritance provider stipulating the amount and duration that sponsor will receive money)

Brandi

You're talking about two different basis for getting an EAD.

A K1 is permitted to file separately for an EAD while their I-94 is still valid. The basis for that EAD would be the valid I-94, so that EAD would expire when the I-94 expires. Since it's unlikely you'd even get that EAD before it expired, few people bother to apply for it.

The OP applied for an EAD based on a pending AOS application. If processing of the AOS application stops because of an RFE then the basis for the EAD is temporarily suspended, so processing of the EAD would also stop.

[VanessaTony 3,567]

I could be wrong here (I'm certain Vanessa&Tony will correct me ) but that shouldn't stop the EAD from processing, reasoning being that you can apply for EAD first, before AoS. Fulfill the requirements of the RFE by submitting a letter from the source of these payments (ie. cheque stub, letter from SS and inheritance provider stipulating the amount and duration that sponsor will receive money)Brandi

The RFE actually specifically states that all cases are paused until the RFE is responded to satisfactorily (not in those words but the gist is that).

If you apply for an EAD first, that's an entirely different thing (as Jim said). You aren't applying based on the AOS so the EAD and AOS aren't connected. If filed WITH AOS then they're connected. Applying before AOS is almost redundant because not only do you only get validity until the I-94 expires, you also pay the fee and the EAD takes around 2 months to process so that's only about a months worth of EAD use for $300+....