Confused. Please help a newbie

T

tm12881

Registered Users (C)
My situation:

I have applied for a GC through marriage to a USC. I have sent in I-485, I-130, G-325A, I-765, and I-864, along with payments and supporting evidences. (Sent to Lee's Summit, MO) I have received letters stating that they have received my applications on 2/13/06 and the notice date was 2/16/06. After receiving a letter of a biometric appiontment, I went into San Francisco office on 3/07/06. On the 91th day of waiting for EAD, I have called the 800 number and made an appointment through infopass. I got my iEAD card on 5/19/06. Called my previous employer (while working with OPT after graduating from an University with F-1 status), and I was waiting for the phone call from them.

My problem:

A letter of RFE (request for additional evidence) for I-485 dated 5/23/06 arrived at my address. The letter is basically requesting the already sent evidences, such as proof of sponsorship (I-864) and applicant's birth certificate (my birth cert.). Also, the letter says "You are ineligible for interim employment authorization pursuant to Title 8, Code of Federal Regulations, Section 103.2(b)(10)(ii) until ninety (90) days after the missing initial evidnece is received."

My questions:

1) Did anyone else experience this kind of situation, in which USCIS asks you to send the evidence you have already submitted with the original package?

2) Do I need to send the same evidence in again or a letter stating those evidence were submitted already? If so, should all the documents/evidence be the current ones? such as tax return. For the original package, my mother in-law (joint sponsorship) used 2004 tax return, because it was not the time for 2005 one yet.

3) I have already received my iEAD from a local office, but the letter states that I can't work, is this true? even though I have the card already?

I am going into an office which prepared my applications tomorrow to ask for any info. Also, I have made an appointment for the SF office for Next Tuesday (6/06/06). (I didn't like the date, but it was the very first date available.)

I appreciated all the help and comments, thanks!
 
I received RFE for stuff we already sent. When you call or ask them they say to just send them a letter saying you sent it and include a copy of what you sent. I just decided to send everything over again...did not see a point in telling them I had already sent it.
As for the iEAD...I dunno. You can call and ask them. I would imagine you can use it since they delayed everything. Might have had something to do with the fact that you sent to Lee's Summit office instead of lockbox.
 
tm12881 said:
My situation:

I have applied for a GC through marriage to a USC. I have sent in I-485, I-130, G-325A, I-765, and I-864, along with payments and supporting evidences. (Sent to Lee's Summit, MO) I have received letters stating that they have received my applications on 2/13/06 and the notice date was 2/16/06. After receiving a letter of a biometric appiontment, I went into San Francisco office on 3/07/06. On the 91th day of waiting for EAD, I have called the 800 number and made an appointment through infopass. I got my iEAD card on 5/19/06. Called my previous employer (while working with OPT after graduating from an University with F-1 status), and I was waiting for the phone call from them.

My problem:

A letter of RFE (request for additional evidence) for I-485 dated 5/23/06 arrived at my address. The letter is basically requesting the already sent evidences, such as proof of sponsorship (I-864) and applicant's birth certificate (my birth cert.). Also, the letter says "You are ineligible for interim employment authorization pursuant to Title 8, Code of Federal Regulations, Section 103.2(b)(10)(ii) until ninety (90) days after the missing initial evidnece is received."
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Typical USCIS. Hope for the best, but prepare for the worst. Thank God they didn't lose your whole file.

My questions:

1) Did anyone else experience this kind of situation, in which USCIS asks you to send the evidence you have already submitted with the original package?
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I haven't heard of anyone with the same situation on here. But you might want to search the site and see. Though I am not surprised after all the interaction with USCIS that something like this could happen. You are doing the right thing by setting up an infopass appointment with the local USCIS and trying to find out what exactly is happening. See if you can get an earlier date if possible.

2) Do I need to send the same evidence in again or a letter stating those evidence were submitted already? If so, should all the documents/evidence be the current ones? such as tax return. For the original package, my mother in-law (joint sponsorship) used 2004 tax return, because it was not the time for 2005 one yet.
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I think what you are trying to do by going to the local office is the best option, better than sending them a letter. Now, if you indeed have to send these documents again, I would recommend sending the current documents rather than the originals you send (2005 tax return instead of 2004 etc.).

3) I have already received my iEAD from a local office, but the letter states that I can't work, is this true? even though I have the card already?
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Read this page

http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-12544/slb-12624

It says that if you were already given an EAD, you could continue to use it uninterrupted while this suspense is in effect. But you would need to submit the documents they want you to, before they can process your case any further or maybe issues you a new EAD (or the original EAD in your case).

I am going into an office which prepared my applications tomorrow to ask for any info. Also, I have made an appointment for the SF office for Next Tuesday (6/06/06). (I didn't like the date, but it was the very first date available.)

I appreciated all the help and comments, thanks!
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Obviously, this is the fault of USCIS, if you had sent in all the documents, but hopefully your appointment at the SF office would help clear up some of the things and you can get it fixed ASAP. Let us know how it goes. Good luck!
 
Did you send the package to Lee's Summit or if from there that you received your NOA's? normally that is the addresse that your receipts had not the other way..uhmm.

Well, you won't have your iEAD because they consider that you haven't submitted the necessary evidence and until then your EAD will be stuck.

Can you clarify where you submitt your AOS packet?

Good luck,
 
There are other cases that people have received the same letter. And they have to sent all over again, do not send the documents again to the local office since they are not in charge of that area and most likely they won't accept it as in past experiences.

Good luck,
 
cherr1980 said:
Did you send the package to Lee's Summit or if from there that you received your NOA's? normally that is the addresse that your receipts had not the other way..uhmm.

Well, you won't have your iEAD because they consider that you haven't submitted the necessary evidence and until then your EAD will be stuck.

Can you clarify where you submitt your AOS packet?

Good luck,
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I have sent my original packet to:

P.O. Box 648005
Lee's Summit, MO 64064
 
tm12881 said:
3) I have already received my iEAD from a local office, but the letter states that I can't work, is this true? even though I have the card already?
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Hm, does the letter really say that you can't work? Or does it just say that you aren't eligible to get an iEAD?

Because, I think that if you already have your iEAD, you are allowed to work.
It's just that all the RFE letters state that you aren't eligible to an iEAD until after 90 days after the ND of your RFE response.
But apparently you have got that RFE so late that you got an iEAD before all that!
If the letter doesn't state that you are not allowed to work then I would just keep on working.

If you want to make 100% sure that you aren't doing anything wrong, you could schedule an Infopass at your DO and ask them.
 
patty579 said:
Hm, does the letter really say that you can't work? Or does it just say that you aren't eligible to get an iEAD?

Because, I think that if you already have your iEAD, you are allowed to work.
It's just that all the RFE letters state that you aren't eligible to an iEAD until after 90 days after the ND of your RFE response.
But apparently you have got that RFE so late that you got an iEAD before all that!
If the letter doesn't state that you are not allowed to work then I would just keep on working.

If you want to make 100% sure that you aren't doing anything wrong, you could schedule an Infopass at your DO and ask them.
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The letter states, "You are ineligible for interim employment authorization pursuant to [some federal code] until 90 days after the missing initial evidence is received."

I am confused about this, since it is talking about the interim EAD and that is what I have. Basically, I wanted to make sure at the local office, since my iEAD date is 5/19/06 and 5/23/06 for the letter.

One more thing, I have not started working yet. I am still waiting to hear from the company.

Thanks!
 
cherr1980 said:
Did you send the package to Lee's Summit or if from there that you received your NOA's? normally that is the addresse that your receipts had not the other way..uhmm.

Well, you won't have your iEAD because they consider that you haven't submitted the necessary evidence and until then your EAD will be stuck.

Can you clarify where you submitt your AOS packet?

Good luck,
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I have my iEAD already. I picked it up after 90 days of waiting of I-765 from a local office. I know my real EAD will be stuck until my already-sent-in evidence is re-sent again.

I am checking up on which address I have sent.

Thanks!
 
tm12881 said:
I have sent my original packet to:

P.O. Box 648005
Lee's Summit, MO 64064
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Yeah, that isn't the Chicago Lockbox where you were supposed to send it.
But odd enough, you got your NDs and everything, so apparently they must have worked on your case.

It is also strange that you would get an RFE relatively late.

If I were you I would go to that Infopass as you planned and ask about that RFE and your iEAD.

But you will probably have to send what they are asking for. I would update the information too, like your tax return.

Good luck and keep us posted about your case, ok? :)
 
patty579 said:
Yeah, that isn't the Chicago Lockbox where you were supposed to send it.
But odd enough, you got your NDs and everything, so apparently they must have worked on your case.

It is also strange that you would get an RFE relatively late.

If I were you I would go to that Infopass as you planned and ask about that RFE and your iEAD.

But you will probably have to send what they are asking for. I would update the information too, like your tax return.

Good luck and keep us posted about your case, ok? :)
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I actually found out that I have sent in my original packet to Chicago Lockbox. Sorry for the confusion. I guess this case is making me so worried.

I really wished the process of RFE was easier, such as I could complain that I sent my evidence already.
 
Not related to the topic, but can someone please post a link to a page which has all the acronyms?
 
Just send it again. That's what they told me. It's so much easier than complaining as they will still need it for some reason. You can include a letter saying you sent it if that makes you feel better.
 
tm12881 said:
I actually found out that I have sent in my original packet to Chicago Lockbox. Sorry for the confusion. I guess this case is making me so worried.

I really wished the process of RFE was easier, such as I could complain that I sent my evidence already.
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I know, I'm totally there with ya. Don't worry too much though, an RFE isn't the end of the world, it was just bad timing. On the other hand, you can consider yourself lucky because you have that iEAD, and I'm pretty sure you can keep it. :)

I know it's going to be a pain to get all your papers together again, but I believe it will be a lot faster than trying to get around it. Remember, an open RFE will put your case pretty much on hold, so the sooner you get it done, the sooner you will get your interview.

So while you are waiting for your Infopass, get the requested docs together and be ready to mail them.
 
patty579 said:
I know, I'm totally there with ya. Don't worry too much though, an RFE isn't the end of the world, it was just bad timing. On the other hand, you can consider yourself lucky because you have that iEAD, and I'm pretty sure you can keep it. :)

I know it's going to be a pain to get all your papers together again, but I believe it will be a lot faster than trying to get around it. Remember, an open RFE will put your case pretty much on hold, so the sooner you get it done, the sooner you will get your interview.

So while you are waiting for your Infopass, get the requested docs together and be ready to mail them.
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and it is a good thing to send a new I-864 is free.

Do you know what is the requirement for the tax return stuff?
Do I need to send only my sponsor's tax return? (I have a joint sponsor, since my wife (USC) is still a student.)
How many years of tax return is required/recommended?
 
chokolat said:
Just send it again. That's what they told me. It's so much easier than complaining as they will still need it for some reason. You can include a letter saying you sent it if that makes you feel better.
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Well, it is not to make myself feel better, but I want the process to be improved, so others do not have to hassle with the same issue.
 
Here's my update after visiting an office which prepared my original packet:

During the visit, I was advised not to go to my appointment. (FYI, it was not a legal advice, because the workers there are not lawyers. However, the advice I received made a good sense morally.) Basically, the reason for not going to my appointment was 1) I am going to express mail my evidence, so USCIS would go through with the rest of my process, and 2) if I bring the RFE letter and my iEAD card and ask them if I can still keep my iEAD, even though the letter says that I cannot, then of course, they would take it back anyway. It is more like throwing their mikstake back at them, and the action they would take is of course to follow what it says on the letter.

As far as my evidence goes, I believe I was lacking of grand deed for my mother in-law's house, and my birth certificate did NOT show my parents' date of birth and which city they were born. (I cannot believe a local Japanese consulate did not translate my Japanese birth certificate up to the USCIS standards.) Also, I prepared copy of bank account statements.

So now, I need to go to a Japanese consulate tomorrow to get a *better* translation of my birth certificate.

I am going to send my evidence as soon as this is completed.

Thanks!
 
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