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  • Respond to RFE and timeframe.

    Hi there!
    I'm a bit confused and hope someone can put some light on this question. We sent marriage based I-485 and I-765 on 27th of April, 2018, then on 21st of May, 2018 we got the RFE for Affidavit of Support. USCIS received response on 20th of July, 2018 and stated that they start processing my applications again. The thing is that my I-765 is already outside of normal processing time according to the timeline on the USCIS website. I contacted my congressman, since I couldn't get infopass appointment in my local office and today got a response from him that stated this: "This case is currently within our normal processing times. Our records indicate that we received a response to a request for evidence for the underlying I-485 application on 07/20/2018. Pursuant to 8 CFR § 103.2(b)(10), if USCIS issues a request for initial evidence on either the Form I-765 application or the principal Form I-485 application, the processing timeframes start over from the date of receipt of the initial evidence, 07/20/2018."
    So, I'm a bit confused here. They are saying that the processing timeframes start over from the date of receipt of the initial evidence, 07/20/2018, but I was told multiplied times, that in such cases the count point is still the date when USCIS received the paperwork, so my should be still 04/27/2018. Even the USCIS officer told me that, when I called to understand what are my options. She even told me that I could put inquiry for a case that was outside the normal processing time.

  • #2
    Originally posted by Clotillda View Post
    Hi there!
    I'm a bit confused and hope someone can put some light on this question. We sent marriage based I-485 and I-765 on 27th of April, 2018, then on 21st of May, 2018 we got the RFE for Affidavit of Support. USCIS received response on 20th of July, 2018 and stated that they start processing my applications again. The thing is that my I-765 is already outside of normal processing time according to the timeline on the USCIS website. I contacted my congressman, since I couldn't get infopass appointment in my local office and today got a response from him that stated this: "This case is currently within our normal processing times. Our records indicate that we received a response to a request for evidence for the underlying I-485 application on 07/20/2018. Pursuant to 8 CFR § 103.2(b)(10), if USCIS issues a request for initial evidence on either the Form I-765 application or the principal Form I-485 application, the processing timeframes start over from the date of receipt of the initial evidence, 07/20/2018."
    So, I'm a bit confused here. They are saying that the processing timeframes start over from the date of receipt of the initial evidence, 07/20/2018, but I was told multiplied times, that in such cases the count point is still the date when USCIS received the paperwork, so my should be still 04/27/2018. Even the USCIS officer told me that, when I called to understand what are my options. She even told me that I could put inquiry for a case that was outside the normal processing time.

    Wow !! I feel this is what?s happening to me 😳😳 I am going to call to find this out ! Did you get a RFIE or a RFE ? I heard they are different??
    C9 Spouse of USC
    NYC Filer
    04/13/18 - PD
    05/04/18 - Bio notice
    05/23/18 - Bio completed
    09/18/18 - RFIE mailed
    09/22/18 - RFIE Rcv'd
    10/09/18 - Responded to RFIE
    10/10/18 - USCIS Received RFIE
    10/12/18 - Text & email Update from dhs rcv'd response to RFIE
    10/12/18 - Submitted a SR form I-765
    10/25/18 - Case is ready to be scheduled for an interview
    11/14/18 - Submitted 2nd SR for form I-765
    11/26/18 - NOA for I765
    11/30/18 - Rcv'd SS card
    12/06/18 - Rcv'd EAD

    Comment


    • #3
      Originally posted by WaitedLongEnough View Post
      Wow !! I feel this is what?s happening to me 😳😳 I am going to call to find this out ! Did you get a RFIE or a RFE ? I heard they are different??
      RFE, they asked to provide all 1099 and w2 for last 3 years and stated that we needed the joint sponsor(we did not provide the 2017 TAX return transcript, because we filed for extension). But in the time when we got RFE, my husband had already filed taxes for 2017 and it was above 125% of the poverty level, plus he changed work in the end of 2017, so we wrote a detailed cover letter with all explanation and numbers(we provided the paycheck stubs for 6 month in 2018) showing that he has made already double of what he used to make.
      I guess, it also can be a deal that we didn't obtain the joint sponsor, but send addition information instead. But, we did so, just because I read too many similar cases and they worked out just well.

      Comment


      • #4
        Originally posted by Clotillda View Post
        Hi there!
        I'm a bit confused and hope someone can put some light on this question. We sent marriage based I-485 and I-765 on 27th of April, 2018, then on 21st of May, 2018 we got the RFE for Affidavit of Support. USCIS received response on 20th of July, 2018 and stated that they start processing my applications again. The thing is that my I-765 is already outside of normal processing time according to the timeline on the USCIS website. I contacted my congressman, since I couldn't get infopass appointment in my local office and today got a response from him that stated this: "This case is currently within our normal processing times. Our records indicate that we received a response to a request for evidence for the underlying I-485 application on 07/20/2018. Pursuant to 8 CFR § 103.2(b)(10), if USCIS issues a request for initial evidence on either the Form I-765 application or the principal Form I-485 application, the processing timeframes start over from the date of receipt of the initial evidence, 07/20/2018."
        So, I'm a bit confused here. They are saying that the processing timeframes start over from the date of receipt of the initial evidence, 07/20/2018, but I was told multiplied times, that in such cases the count point is still the date when USCIS received the paperwork, so my should be still 04/27/2018. Even the USCIS officer told me that, when I called to understand what are my options. She even told me that I could put inquiry for a case that was outside the normal processing time.
        If that is the case, it sucks!
        I also was requested RFE or RFIE for Affidavit of support as well. They said we used an expeired file, so we needed to file and send all the evidences all over again. The problem is that we never received an update saying they got the new form. The RFE was sent in the beginning of september.
        Salt Lake City-UT
        07/24/18- Documents received
        11/16- I-485,765 and 131rejected
        12/22- New I-485, 765 and 131 sent
        12/27- Documents delivered at 10 am (UPS)
        01/14- Credit Card was charged
        01/14- text messages for I-485 and I-131
        01/22- Received form I-765 back. Got rejected due to incorrect fee??
        01/23-Submitted I-765 again.
        01/31- Early Biometrics appointment
        02/01- Fingerprint Review was completed
        07/30- case is ready to be scheduled for ...
        08/31-EAD in hands
        10/22- Interview (approved)

        Comment


        • #5
          Originally posted by NSTJ18 View Post
          If that is the case, it sucks!
          I also was requested RFE or RFIE for Affidavit of support as well. They said we used an expeired file, so we needed to file and send all the evidences all over again. The problem is that we never received an update saying they got the new form. The RFE was sent in the beginning of september.
          Oh, just to be on the safe side, I would call and ask if they got the response. I read about many cases, when they got the response but never changed status. Hope, it's about your case as well and they have been working on it already*)

          Comment


          • #6
            Originally posted by Clotillda View Post
            Oh, just to be on the safe side, I would call and ask if they got the response. I read about many cases, when they got the response but never changed status. Hope, it's about your case as well and they have been working on it already*)
            That's a good idea!
            Salt Lake City-UT
            07/24/18- Documents received
            11/16- I-485,765 and 131rejected
            12/22- New I-485, 765 and 131 sent
            12/27- Documents delivered at 10 am (UPS)
            01/14- Credit Card was charged
            01/14- text messages for I-485 and I-131
            01/22- Received form I-765 back. Got rejected due to incorrect fee??
            01/23-Submitted I-765 again.
            01/31- Early Biometrics appointment
            02/01- Fingerprint Review was completed
            07/30- case is ready to be scheduled for ...
            08/31-EAD in hands
            10/22- Interview (approved)

            Comment


            • #7
              Originally posted by Clotillda View Post
              RFE, they asked to provide all 1099 and w2 for last 3 years and stated that we needed the joint sponsor(we did not provide the 2017 TAX return transcript, because we filed for extension). But in the time when we got RFE, my husband had already filed taxes for 2017 and it was above 125% of the poverty level, plus he changed work in the end of 2017, so we wrote a detailed cover letter with all explanation and numbers(we provided the paycheck stubs for 6 month in 2018) showing that he has made already double of what he used to make.
              I guess, it also can be a deal that we didn't obtain the joint sponsor, but send addition information instead. But, we did so, just because I read too many similar cases and they worked out just well.
              I hope this gets resolved soon !
              C9 Spouse of USC
              NYC Filer
              04/13/18 - PD
              05/04/18 - Bio notice
              05/23/18 - Bio completed
              09/18/18 - RFIE mailed
              09/22/18 - RFIE Rcv'd
              10/09/18 - Responded to RFIE
              10/10/18 - USCIS Received RFIE
              10/12/18 - Text & email Update from dhs rcv'd response to RFIE
              10/12/18 - Submitted a SR form I-765
              10/25/18 - Case is ready to be scheduled for an interview
              11/14/18 - Submitted 2nd SR for form I-765
              11/26/18 - NOA for I765
              11/30/18 - Rcv'd SS card
              12/06/18 - Rcv'd EAD

              Comment

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