Receiving An RFE For Adjustment Of Status Will Delay Your Work Permit And Advanced Parole

An RFE (request for evidence) is a letter from the USCIS asking you to provide additional or missing documents. The letter will indicate exactly what is needed and will include a return envelope for you to use.

When you apply for adjustment of status from a K-1 visa; your application will be adjudicated and you may be required to have an interview.

You can apply for the employment authorization document (EAD Form I-765) and advanced parole (AP Form I-131) so you are able to work and travel while you wait for the conditional green card.

When Are The EAD and AP Documents Approved?

RFE for missing birth certificate
RFE for missing birth certificate

The great news is that the EAD and AP documents will be approved quickly after your biometrics appointment. If there is an issue with your I-485 (adjustment of status) forms then there will be a delay in receiving the EAD/AP.

For example:

If you receive an RFE because you did not provide tax transcripts with your AOS application, you will only receive the EAD/AP after your submit the tax transcripts.

This is why it is so important to make sure that you submit a complete adjustment of status application. It can seem very confusing because of all the evidence and paperwork that is required. Make sure to start compiling your application as soon as you can.

I started gather my AOS evidence and documents as soon as I arrived in the U.S. It wasn’t difficult because I did it as I went by getting bank records as soon as I was added to my husbands accounts. This was the same with utilities, cable, car insurance, rent/mortgage, credit cards and many other accounts.

If I Receive An RFE Will It Be More Likely To Have An Interview?

Include tax transcripts with AOS

Most applicants do not look forward to an immigration interview but in many cases it is required. Of course, the USCIS can’t interview every single case that it has so they have selection criteria.

Below is a list of things that can cause you to have an interview:

  • Not including enough evidence of bona fide marriage
  • No co-mingling of finances (bank accounts, credit cards, taxes)
  • Not living together at the same address
  • No proof of joint accounts (utilities, insurance, health, debt)

Many of the items listed above are easy to obtain but you have to know what the USCIS is looking for. It is also a good idea to include photos of your wedding, affidavits from friends and family about your marriage and anything else you might think is useful.

Should I Front-Load My AOS Application To Guarantee Approval?

Front-loading an immigration application is when you provide a huge amount of documents and evidence. This can work for cases that have a higher chance of being denied such as:

  • Large age gap
  • Different culture/religion
  • Multiple previous divorces
  • Multiple previous K-1 applications (by the sponsor)
  • Not enough income (or no joint sponsor)
  • Criminal history

If you have any of the above situations, you may want to front-load your adjustment of status.

The only downside to front-loading is that there is a chance that you will be required to have an interview because the immigration officer does not want to go through your entire packet and just forwards it to the local field office.

My husband and I had to go to an AOS interview and we provided plenty of evidence. Sometimes it is a random selection. Don’t worry too much about the interview, you just need to show that you have a genuine marriage.

My AOS Was Sent To The National Benefits Center

USCIS immigration officer
USCIS immigration officer

The national benefits center (NBC) primary job is to prepare applications for adjudication that require an interview at a USCIS Field Office.

Preparing an application for an interview includes conducting background and security checks and reviewing the evidence an applicant submits to support their eligibility for the benefit.

The NBC’s largest workload is Form I-485, Application to Register Permanent Residence or Adjust Status, and Form N-400, Application for Naturalization. These two applications will reach well over a million cases each year.

For AOS (I-485), you must provide all relevant evidence, before your applicant can be scheduled for interview. If evidence is missing, the NBC will issue a Request for Evidence (RFE).

An RFE places a hold on the I-485 application, as well as the associated applications filed with the I-485 application (for example, Form I-130, Form I-765, Form I-131), until the NBC receives the missing initial evidence.

If you need to contact the NBC about your case, you can call the National Customer Service Center (NCSC) at 1-800-375-5283.

The representative taking your call will send an electronic message to the NBC that will be answered within 15 days. Expedite requests, for certain applications, are answered within 5 days.

 

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