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Does a RFE on the I-485 delay EAD?

Does a RFE on the I-485 delay EAD?

Old Jun 5th 2020, 4:36 pm
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Default Does a RFE on the I-485 delay EAD?

Hello,

As the title says, I am wondering if anyone could tell me if my EAD application would still be ongoing after receiving a request for more information on my adjustment of status.
This is also the second time they have requested more evidence. The first was for the latest tax years information (we sent my application before filing for 2019 years taxes (Jan 2020) so I sent it back in March as soon as I got the letter.

Does the USCIS just send an RFE for each ONE error or lack of information?

Covid has really put a strain on us financially and my poor wife has been through a few jobs to try and keep us afloat. We ended up having to move from the west coast to TN and are staying with family. I just feel useless not being able to work and do anything to contribute financially.

A little off topic but am I able to get a stamp or something while I wait for everything to prove I’m legally allowed to stay in the country? Has anyone done this? I can’t get a bank account because apparently I need US government issued ID and I can’t get my drivers license without proof I’m here legally.

thank you in advance.
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Old Jun 5th 2020, 6:49 pm
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Default Re: Does a RFE on the I-485 delay EAD?

I don't remember whether the EAD and AP are tied to a successfully submitted I-485, but I would just assume they are, and be pleasantly surprised if they are not.

No, there is no kind of stamp you can get as a "pending AOS" status.

You should be able to open a non-interest-bearing bank account by using your passport number as the unique identifier. I have seen tons of reports on here of that being successful.

As for the drivers license, are you still within your first 90 days in the USA? If so, then your I-94 should work as proof that you're here legally.

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Old Jun 5th 2020, 9:28 pm
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Default Re: Does a RFE on the I-485 delay EAD?

North Carolina DMV will accept the I-797C confirming receipt as proof for (I believe) 12 months. Your state may do similar.
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Old Jun 5th 2020, 10:42 pm
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Default Re: Does a RFE on the I-485 delay EAD?

Thanks for the information. Unfortunately the 90 days are well and truly up as I have been here since November 2019. I put my adjustment in at the end of January 2020 so my stamp is completely outdated. I am now in the process of looking for a non - interest bearing bank account.

Thanks Tom, I will try the Tennessee DMV with my I-797C and try. I'll update this post with the results in case someone else is searching for it.

I'm guessing I am not able to study at all in the US at the moment either.

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Old Jun 6th 2020, 12:38 pm
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Default Re: Does a RFE on the I-485 delay EAD?

Hi, I experienced some of what you went through with my adjustment of status and learnt-

A SSN is available if you apply within the first 76 days of entry, if I recall right your right to be in the USA has to have 14 days left on it to get a SSN.
After the adjustment of status interview the Green card and then once applied for SSN arrived very promptly
I was able to open a bank account at the same bank as my wife uses with my passport and a UK address ( worth having a UK address to use for lots of reasons)
It is also easy to have a $ account with Transferwise and Revolut and from these move money to your wife's account to pay for instance a credit card bill. It dodn't seem possible to pay Amex from a Revolut or Transferwise bank account.
Each State has different rules as to how long you can drive on a non USA licence.
It was not possible ot get a driving license in Missouri until you had a Green card. You can get a "non driving" driving licence if you apply in the first 90 days as you can show you are in the US legally but it isn't much use.
The state DMV site should give you the rules re a foreign drivers licence
State Farm will insure you for a year if you have a UK licence and they extend the time frame if you have a pending adjustment of status

In terms of working the UCIS handbook says that working without an EAD if you are married to a US citizen is forgiven but having gone through the whole rigmarole to get to the USA no way I would test this or advice anyone else too.

Best of luck with it all.

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Old Jun 6th 2020, 2:53 pm
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Default Re: Does a RFE on the I-485 delay EAD?

You moved from one side of the US to the opposite coast. Have you officially changed your address with Homeland Security / USCIS via AR-11.

One thing that might well delay your EAD and AOS is the change in location. You are no longer in the same field office and your files will have to be transferred.
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Old Jun 10th 2020, 5:56 pm
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Default Re: Does a RFE on the I-485 delay EAD?

Yes I changed my address with USCIS as soon as we got to my wife’s sister’s address. They have asked for bank statements and payslips for the last 6 months to prove she is earning above the poverty line. I’m guessing this happened because of the move as we sent in everything asked and then sent the latest tax information on the last RFE.

Fingers crossed it goes smoothly once we have sent this in. I’m currently just trying to find a banking service that doesn’t charge high monthly fees just to keep the account open.
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Old Jun 10th 2020, 6:07 pm
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Default Re: Does a RFE on the I-485 delay EAD?

Why would USCIS ask for proof of earnings for six months when you changed your address via form AR-11. That does not make any sense whatsoever.


Last edited by Rete; Jun 10th 2020 at 6:10 pm.
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Old Jun 10th 2020, 6:17 pm
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Default Re: Does a RFE on the I-485 delay EAD?

Originally Posted by Calibound View Post
Yes I changed my address with USCIS as soon as we got to my wife’s sister’s address. They have asked for bank statements and payslips for the last 6 months to prove she is earning above the poverty line. I’m guessing this happened because of the move as we sent in everything asked and then sent the latest tax information on the last RFE.

Fingers crossed it goes smoothly once we have sent this in.
My guess is that the RFE is unrelated to the address change.

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Old Aug 1st 2020, 7:06 pm
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Default Re: Does a RFE on the I-485 delay EAD?

Just wanted to update in case anyone had a similar situation.

We sent off additional information needed at the end of June with a covering letter, and I received my approval notices for my employment and travel authorisation. Next week I should get my EAD card and a date for our interview. We were expecting a reply around the end of August/ beginning of September as a “guesstimate” so having only waited a month has been a relief. I can finally look for work!
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Old Aug 4th 2020, 3:46 pm
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Default Re: Does a RFE on the I-485 delay EAD?

Congratulations Calibound on finally getting your EAD-card! I can only imagine the relief you must be feeling. Good luck in your job search!
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