Request for Initial Evidence!
 

Hi everyone,

I wonder if anyone could help with this please (?)

I have filed my I-485 application papers for an AOS.

I have also received my Barometric appointment for early next month.

So far so good.

I was a little bemused to receive an e-mail today saying that USCIS had sent a Request for Initial Evidence - I haven't yet received the letter and the Customer Services Center on the phone could not help with my request to tell me what was actually required!

I have two questions if I may, one; is is it usual to receive a Request for Initial Evidence AFTER the Barometric appointment has been set, and two; what is classed as "initial" evidence? Surely the original application contains the "initial" evidence, anything after that is "secondary"! Or am I playing semantics?

What typically would they want at this stage?

Many thanks for any help and guidance!

David

Re: Request for Initial Evidence!
 

Hi:

Who the hell knows? The attorney boards are replete recently with stories about the "RFE Reign of Terror" which has been occurring as of late.

Re: Request for Initial Evidence!
 

That sounds more like an RFE (Request for Further Evidence) to me. It could be for anything....you won't know until you get the actual letter in the mail.

Also...the term is "biometrics". :)

Rene

Re: Request for Initial Evidence!
 

Hi David,

It could be for any number of things. Could be for your medical...or could be your taxes. Just relax you will recieve it soon and you will find out what is for.

Kat

Re: Request for Initial Evidence!
 

Hi Rene,

Thanks for the correct word, maybe I should just say "fingerprints!" :D

The e-mail heading from USCIS says this:



Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD



So would that be an RIE or RFE ?

thx

David

And also thx to Kat for her reply but to answer her points the medical was done and submitted with the original application and (for now) I don't pay taxes, yippee!

Re: Request for Initial Evidence!
 

Sounds like they are requesting evidence from you, whatever they happen to call it in the e-mail.

Medical might have been done and submitted....and then it fell out of the package when USCIS opened it, and is now missing.

As for taxes...you, the immigrant, might not pay any....but the sponsor who filled out the I-864 was required to submit the most current tax return.

Rene

Re: Request for Initial Evidence!
 

Thanks Rene, well I am sure I should find out when the mail comes. As regards my Wife's tax returns, we sent them copies of 2005/06/07 and 08.
I will post on here again when I find out though!
David

Re: Request for Initial Evidence!
 

Yes, and if any of the required evidence is missing, then the request is for 'initial' evidence.
All case processing halts until you answer it, but you can still go to your BIOmetrics appointment. :)

The biggest drawback is that it will halt your EAD and AP applications when the RFE is on your I-485.

Re: Request for Initial Evidence!
 

Hi:

Word of warning. There is a rule that if a notice is placed in the mail properly addressed, there is a presumption of delivery. That presumption can be rebutted. This is the normal rule.

The courts have made sure that this applies in the immigration courts.

However, CIS works differently -- there is a presumption that if the computer shows that it was mailed out that notice was given. This presumption is NOT rebuttable.

Remember, you are responsible for responding to the RFE within the required time whether or not you actually get it.

Also, the bar has noted that the response times to RFE's has been shortened a lot as of late.

Good luck.

Re: Request for Initial Evidence!
 

We got an RFE for a medical for my husbands K1 AOS even though he had to have passed his medical to get the visa. We could have argued but chose to just get another medical and submit it. They only give you about a month to respond to the RFE. You need to find out the evidence they require and reply back and/or resubmit it within the time frame given. It seems like there are quite a few RFE's lately.

Re: Request for Initial Evidence!
 

When I was adjusting my status I got an RFE cause they couldnt figure out who I was. I have had a total of 3 surnames but couldn't find me in the system under my maiden name. Eventually after writing a lengthy letter explaining all my names my case resumed. Just be patient you will know soon enough.

BTW DONT call the 1800 # cause they won't know what it is sent out. When my RFE had been sent out I was in the hospital just given birth to my youngest and was totally freaking out and when I called they had no idea what I was talking about.

It will work out for the best hang in there.

Best of luck
Kat

Re: Request for Initial Evidence!
 

Thanks Kat for your late night/early morning posting. I waited till the mail had been delivered today before posting in case the letter had arrived, sadly not although I may be expecting it far too soon bearing in mind that they only mailed it on 19th!
Anyway, I am wondering whether it might be a whole lot less stressful to stop the e-mail notifications from the USCIS website as receiving e-mail's without the actual reason being given in them and then having to wait days for the mail man to deliver it is just not good for my blood pressure! Maybe it would just be easier to let everything happen via the regular mail.

David

Re: Request for Initial Evidence!
 

Not a bad idea. That's how it was back in the old days, before email and internet, anyway! :)

Re: Request for Initial Evidence!
 

Nothing in the mail again today so I have canceled the e-mail updates from USCIS on their website as I have run out of fingernails to bite :D

Having said that, the Wife and I sat down and went through the copies of the submission trying to see if there was an obvious problem that we had overlooked. Its possible that we have identified what the issue is but to avoid the awful embarrassment, I shall wait for the letter before saying what I think it is!

But if I am right I promise to "fess-up" !

David

Re: Request for Initial Evidence!
 

The emails are still helpful, they show at least that you are *supposed* to be getting something in the mail, so if that never shows up, you know to make an Infopass and go inquire in person. You might want to re-subscribe to the email updates and put tape on your fingernails. :)

Don't keep us in suspense like this! :(

Actually it's not uncommon for you to have submitted everything perfectly, and then USCIS loses something on their end, and asks for it. So it might not even be your own fault.

Rene