Does RFE on AOS affect EAD or AP?

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Old Aug 18th 2005, 2:29 am
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Default Does RFE on AOS affect EAD or AP?

Hi!

I submitted my AOS/EAD/AP paperwork following my marriage (K-1 Visa) on June 28th 2005. On July 18th I received an RFE for the I-693 vaccination supplement. I managed to get this done and mailed (to the address supplied with the RFE) last Friday August 12th.

Let me see if I am understanding this correctly.
1) The NBC processes AP and currently is processing ones supplied on or before June 12th.
2) The NBC also processes EADs and currently is processing ones supplied on or before June 12th. (Based on pending AOS).
3) My local district office is Albany (actually I think it's Latham - near Albany). They are processing my AOS and are currently handling cases on or before February 20th 2005

Now what I'd like to know is... is the above correct? (that's always a good start!)
Annnndddd... does anyone know if the RFE would have slowed down the processing of my EAD (and AP)? Does it put my AOS at the back of the pile?

Should I be expecting my EAD soooon? (say yes, please!)

I'm hoping I can get something soon as I'll have been here 6 months in September, and that'll mean I wont legally be able to drive - which in this country is a huge problem as the car we have is a standard, and my wife can't drive stick!

Feel free to put my mind at ease

And for those who are still going through the K-1 application and are apart from their loved ones - Hang in there. Patience pays off in the end. I look at my new wife every day with an appreciation that I've never had for any other girlfriend - I never take her for granted. I know I made the right choice

Keep smiling, citizens of the world!

Smaug
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Old Aug 18th 2005, 2:38 am
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Default Re: Does RFE on AOS affect EAD or AP?

Hi Smaug!

You are correct on where the petitions get processed. The processing dates are very ballpark...I haven't looked at the processing site for a while. According to posters on here, it seems that EADs are taking up to 90 days, and APs around 60 days. Your AOS is up to your local office...probably their posted processing times are a good guesstimate.

I can't say for sure, but my guess would be that your I-485 petition was kind of "on hold" until they received your information back and continued processing on it. Have you received the NOAs for the I-765 or I-131 yet? You have to have an I-485 in the system for either of those to go through...so if they were waiting for your RFE response, then you'll still have to continue waiting. This is just my own logic and I don't know the answer for 100% sure.

Hope it happens soon for you!
Rene
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Old Aug 18th 2005, 6:03 am
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Default Re: Does RFE on AOS affect EAD or AP?

Originally Posted by Smaug
I'm hoping I can get something soon as I'll have been here 6 months in September, and that'll mean I wont legally be able to drive - which in this country is a huge problem as the car we have is a standard
Not sure what you mean about this (maybe it's different state to state) but I got my California Drivers Licence *loooooong* before my EAD, AP or Green Card turned up....? (I arrived on a K1 last Feb)

;-)
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Old Aug 18th 2005, 3:14 pm
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Default Re: Does RFE on AOS affect EAD or AP?

Originally Posted by jasonabc
Not sure what you mean about this (maybe it's different state to state) but I got my California Drivers Licence *loooooong* before my EAD, AP or Green Card turned up....? (I arrived on a K1 last Feb)

;-)
Hi Jason,

Each state has different regulations on issuing drivers licenses. Here in Arizona, the drivers license is based on the expiration of one's EAD.

Rene
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Old Aug 18th 2005, 3:59 pm
  #5  
Eric S.
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Default Re: Does RFE on AOS affect EAD or AP?

If you don't get your EAD within 90 days of the receipt date of your EAD
NOA, you are entitled to an interim one. You should be able to make an
Infopass appointment and go to your local office on the 91st day. Just take
a filled-out I-765 with you and they should do it right there.

- Eric S.


"Smaug" <member22854@british_expats.com> wrote in message
news:[email protected] m...
    > Hi!
    > I submitted my AOS/EAD/AP paperwork following my marriage (K-1 Visa) on
    > June 28th 2005. On July 18th I received an RFE for the I-693 vaccination
    > supplement. I managed to get this done and mailed (to the address
    > supplied with the RFE) last Friday August 12th.
    > Let me see if I am understanding this correctly.
    > 1) The NBC processes AP and currently is processing ones supplied on or
    > before June 12th.
    > 2) The NBC also processes EADs and currently is processing ones supplied
    > on or before June 12th. (Based on pending AOS).
    > 3) My local district office is Albany (actually I think it's Latham -
    > near Albany). They are processing my AOS and are currently handling
    > cases on or before February 20th 2005
    > Now what I'd like to know is... is the above correct? :) (that's
    > always a good start!)
    > Annnndddd... does anyone know if the RFE would have slowed down
    > the processing of my EAD (and AP)? Does it put my AOS at the back
    > of the pile?
    > Should I be expecting my EAD soooon? (say yes, please!)
    > I'm hoping I can get something soon as I'll have been here 6 months in
    > September, and that'll mean I wont legally be able to drive - which in
    > this country is a huge problem as the car we have is a standard, and my
    > wife can't drive stick!
    > Feel free to put my mind at ease :)
    > And for those who are still going through the K-1 application and are
    > apart from their loved ones - Hang in there. Patience pays off in the
    > end. I look at my new wife every day with an appreciation that I've
    > never had for any other girlfriend - I never take her for granted. I
    > know I made the right choice :)
    > Keep smiling, citizens of the world!
    > Smaug
    > --
    > Smaug the Dragon
    > Posted via http://britishexpats.com
 
Old Aug 18th 2005, 4:45 pm
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Default Re: Does RFE on AOS affect EAD or AP?

Smaug,

Point of clarification - the Albany Sub Office (physically located in Latham) will be processing your I-485 to completion. It appears that, at the moment, the application is still in the hands of the National Benefits Center where it is being pre-processed - did the RFE come from Albany or from the NBC(MSC)?

What happens to your I-485 could affect the processing of the EAD and the AP. A worst-case scenario for example, if the I-485 is thrown out (perhaps because your response to the RFE is insufficient), then there is no basis for the I-765 and the I-130.

Regards, JEff

Originally Posted by Smaug
Hi!

I submitted my AOS/EAD/AP paperwork following my marriage (K-1 Visa) on June 28th 2005. On July 18th I received an RFE for the I-693 vaccination supplement. I managed to get this done and mailed (to the address supplied with the RFE) last Friday August 12th.

Let me see if I am understanding this correctly.
1) The NBC processes AP and currently is processing ones supplied on or before June 12th.
2) The NBC also processes EADs and currently is processing ones supplied on or before June 12th. (Based on pending AOS).
3) My local district office is Albany (actually I think it's Latham - near Albany). They are processing my AOS and are currently handling cases on or before February 20th 2005

Now what I'd like to know is... is the above correct? (that's always a good start!)
Annnndddd... does anyone know if the RFE would have slowed down the processing of my EAD (and AP)? Does it put my AOS at the back of the pile?

Should I be expecting my EAD soooon? (say yes, please!)

I'm hoping I can get something soon as I'll have been here 6 months in September, and that'll mean I wont legally be able to drive - which in this country is a huge problem as the car we have is a standard, and my wife can't drive stick!

Feel free to put my mind at ease

And for those who are still going through the K-1 application and are apart from their loved ones - Hang in there. Patience pays off in the end. I look at my new wife every day with an appreciation that I've never had for any other girlfriend - I never take her for granted. I know I made the right choice

Keep smiling, citizens of the world!

Smaug
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Old Aug 18th 2005, 11:36 pm
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Default Re: Does RFE on AOS affect EAD or AP?

Ah, sorry - I should have said.. yes I've received the NOAs for the AOS(I-485), AP(I-131) and EAD(I-765).

Here's a timeline:

2005
Jun 26: AOS/AP/EAD package submitted via postal mail.
Jun 28: AOS, AP and EAD NOAs received by USCIS (Chicago Lockbox? I think!) (per the 'Received Date' on the NOAs)
Jul 07: 'Notice Date' for AOS, AP and EAD (per the NOAs)
Jul 14: RFE for I-693 supplement.
Aug 04: Fingerprinting at Latham(Albany)
Aug 15: Postman picks up I-693 supplement submission from our mailbox.
Aug 18: Today.

As for the driver's license, I was specifically told by a friend who works at the Troy DMV that I had to have a 'years worth of status' with 'at least 6 month remaining' and she said that the 1 year EAD would suffice for that.



Good to know about the interim EAD - do I have to pay for that?
Makes me wonder why they can't give me an interim one for the waiting period

The RFE came from (and was returned to):
U.S. Department of Homeland Security,
PO box 648006,
Lee's Summit,
MO 64064
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Old Aug 19th 2005, 12:06 am
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Default Re: Does RFE on AOS affect EAD or AP?

Originally Posted by Smaug
Hi!

I submitted my AOS/EAD/AP paperwork following my marriage (K-1 Visa) on June 28th 2005. On July 18th I received an RFE for the I-693 vaccination supplement. I managed to get this done and mailed (to the address supplied with the RFE) last Friday August 12th.
Just out of interest, did your RFE also ask for a completed and signed I-693, as well as the supplement? I just got an RFE this week asking for this, even though I don't have to do the full medical (I did one for my K1 in February and applied for AOS in June). If so, did you just ignore the request for the I-693 and just send them the supplement. I know that I don't need another medical, but at the same time I'm a bit wary about ignoring part of an RFE.
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Old Aug 19th 2005, 12:14 am
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Default Re: Does RFE on AOS affect EAD or AP?

Originally Posted by dbickle
Just out of interest, did your RFE also ask for a completed and signed I-693, as well as the supplement? I just got an RFE this week asking for this, even though I don't have to do the full medical (I did one for my K1 in February and applied for AOS in June). If so, did you just ignore the request for the I-693 and just send them the supplement. I know that I don't need another medical, but at the same time I'm a bit wary about ignoring part of an RFE.
I adjusted from a K1 too. I got an RFE when I sent my AOS application in saying I hadn't included my medical report. I sent it straight back with a snotty letter saying I arrived on a K1 so had already *had* a medical, the report from which was taken off me by Immigration when I arrived!! I said the only medical thing I had to provide was the vaccination supplement which was sent in with my application in the first place.

My checks were cashed about 4 days later ;-)
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Old Aug 19th 2005, 12:32 am
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Default Re: Does RFE on AOS affect EAD or AP?

Originally Posted by dbickle
Just out of interest, did your RFE also ask for a completed and signed I-693, as well as the supplement? I just got an RFE this week asking for this, even though I don't have to do the full medical (I did one for my K1 in February and applied for AOS in June). If so, did you just ignore the request for the I-693 and just send them the supplement. I know that I don't need another medical, but at the same time I'm a bit wary about ignoring part of an RFE.
Nope - just asked for the supplement. You shouldn't need the full medical (and you may need to argue that with the doctor's office when going for your I-693 supplement. http://britishexpats.com/forum/showthread.php?t=314760 is a thread I posted earlier with a good link to a memo showing that your medical is still good. I would suggest a letter would be better than ignoring the request.
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Old Aug 19th 2005, 2:27 pm
  #11  
Eric S.
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Default Re: Does RFE on AOS affect EAD or AP?

No, you shouldn't have to pay anything for an interim EAD. As for the
driver's license, you may want to check the NYS DMV web site for the
requierments, just to make sure.

- Eric S.


"Smaug" <member22854@british_expats.com> wrote in message
news:[email protected] m...
    >> Smaug,
    >> Point of clarification - the Albany Sub Office (physically located in
    >> Latham) will be processing your I-485 to completion. It appears that,
    >> at the moment, the application is still in the hands of the National
    >> Benefits Center where it is being pre-processed - did the RFE come
    >> from Albany or from the NBC(MSC)?
    >> What happens to your I-485 could affect the processing of the EAD and
    >> the AP. A worst-case scenario for example, if the I-485 is thrown out
    >> (perhaps because your response to the RFE is insufficient), then there
    >> is no basis for the I-765 and the I-130.
    >> Regards, JEff
    > Ah, sorry - I should have said.. yes I've received the NOAs for the AOS(I-
    > 485), AP(I-131) and EAD(I-765).
    > Here's a timeline:
    > 2005
    > Jun 26: AOS/AP/EAD package submitted via postal mail.
    > Jun 28: AOS, AP and EAD NOAs received by USCIS (Chicago Lockbox? I
    > think!) (per the 'Received Date' on the NOAs)
    > Jul 07: 'Notice Date' for AOS, AP and EAD (per the NOAs)
    > Jul 14: RFE for I-693 supplement.
    > Aug 04: Fingerprinting at Latham(Albany)
    > Aug 15: Postman picks up I-693 supplement submission from our mailbox.
    > Aug 18: Today.
    > As for the driver's license, I was specifically told by a friend who
    > works at the Troy DMV that I had to have a 'years worth of status' with
    > 'at least 6 month remaining' and she said that the 1 year EAD would
    > suffice for that.
    > Good to know about the interim EAD - do I have to pay for that?
    > Makes me wonder why they can't give me an interim one for the
    > waiting period :p
    > The RFE came from (and was returned to):
    > U.S. Department of Homeland Security,
    > PO box 648006,
    > Lee's Summit,
    > MO 64064
    > --
    > Smaug the Dragon
    > Posted via http://britishexpats.com
 
Old Sep 6th 2005, 6:37 am
  #12  
Jonathan McNeil Wong
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Default Re: Does RFE on AOS affect EAD or AP?

Smaug wrote:
    > Hi!
    >
    > I submitted my AOS/EAD/AP paperwork following my marriage (K-1 Visa) on
    > June 28th 2005. On July 18th I received an RFE for the I-693 vaccination
    > supplement. I managed to get this done and mailed (to the address
    > supplied with the RFE) last Friday August 12th.
    >
    > Let me see if I am understanding this correctly.
    > 1) The NBC processes AP and currently is processing ones supplied on or
    > before June 12th.
    > 2) The NBC also processes EADs and currently is processing ones supplied
    > on or before June 12th. (Based on pending AOS).
    > 3) My local district office is Albany (actually I think it's Latham -
    > near Albany). They are processing my AOS and are currently handling
    > cases on or before February 20th 2005
    >
    > Now what I'd like to know is... is the above correct? :) (that's
    > always a good start!)
    > Annnndddd... does anyone know if the RFE would have slowed down
    > the processing of my EAD (and AP)? Does it put my AOS at the back
    > of the pile?
    >
    > Should I be expecting my EAD soooon? (say yes, please!)
    >
    > I'm hoping I can get something soon as I'll have been here 6 months in
    > September, and that'll mean I wont legally be able to drive - which in
    > this country is a huge problem as the car we have is a standard, and my
    > wife can't drive stick!
    >
    > Feel free to put my mind at ease :)
    >
    > And for those who are still going through the K-1 application and are
    > apart from their loved ones - Hang in there. Patience pays off in the
    > end. I look at my new wife every day with an appreciation that I've
    > never had for any other girlfriend - I never take her for granted. I
    > know I made the right choice :)
    >
    > Keep smiling, citizens of the world!
    >
    > Smaug
    >

The I-765/I-131s riding on an I-485 are adjudicated separately at the
NBC. An RFE on the underlying I-485 should not affect this.

--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============
 
Old Sep 14th 2005, 2:57 am
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Default Re: Does RFE on AOS affect EAD or AP?

Originally Posted by Eric S.
If you don't get your EAD within 90 days of the receipt date of your EAD
NOA, you are entitled to an interim one. You should be able to make an
Infopass appointment and go to your local office on the 91st day. Just take
a filled-out I-765 with you and they should do it right there.

- Eric S.
Hi,

My 91st day since filing AOS is approaching (Sep 28 2005). As yet I've received nothing in the mail since I received my RFE back in July. Should I be getting a receipt for the I-693 supplement that I sent in to satisfy the RFE?

More importantly however, for making the Infopass appointment - should I make that now with the intention to get seen on Sep 28, or can I only make it on the 91st day since filing (and subsequently have to wait until they'll see me)?

Thanks!!

Smaug

ps.

A reminder of my timeline...

2005
Jun 26: AOS/AP/EAD package submitted via postal mail.
Jun 28: AOS, AP and EAD NOAs received by USCIS (Chicago Lockbox? I think!) (per the 'Received Date' on the NOAs)
Jul 07: 'Notice Date' for AOS, AP and EAD (per the NOAs)
Jul 14: RFE for I-693 supplement.
Aug 04: Fingerprinting at Latham(Albany)
Aug 15: Postman picks up I-693 supplement submission from our mailbox.
Sep 13: Today
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Old Sep 14th 2005, 3:24 am
  #14  
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Default Re: Does RFE on AOS affect EAD or AP?

The I-765/I-131s riding on an I-485 are adjudicated separately at the
NBC. An RFE on the underlying I-485 should not affect this.
Ah, that's good to know - thank you for your reply.

So, the Albany, NY office seems to be processing I-485s with a receipt notice date of Feb 20 2005 according to https://egov.immigration.gov/cris/js...lectedOffice=4

I guess that means I've got some more waiting to do for that?

The NBC seem to be at July 5 2005 with EADs, and July 26th for AP.

(I hope I've got the right places for this!)

Thanks

Smaug
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Old Sep 14th 2005, 3:44 am
  #15  
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Default Re: Does RFE on AOS affect EAD or AP?

Originally Posted by Smaug
Hi,

My 91st day since filing AOS is approaching (Sep 28 2005). As yet I've received nothing in the mail since I received my RFE back in July. Should I be getting a receipt for the I-693 supplement that I sent in to satisfy the RFE?

More importantly however, for making the Infopass appointment - should I make that now with the intention to get seen on Sep 28, or can I only make it on the 91st day since filing (and subsequently have to wait until they'll see me)?

Thanks!!

Smaug
Hi Smaug,

I don't believe you will get a receipt from USCIS acknowledging the response to the RFE. You probably won't hear anything until you get your appointment letter.

For the interim EAD, you can make the Infopass appointment now, for a day that will fall on the 91st day or after.

Best Wishes,
Rene
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