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Results 1 to 7 of 7

Thread: RFE on 84th day??!!

  1. #1
    Please, I need some advice.
    Me and my wife went to AOS interview in 2006 and IO told us we didn't have enough evidence to support our marriage, then he said INS would schedule, within 30 days, a second interview where we were going to be separated and asked questions about our relationship. Instead of 30 days, the second interview letter arrived after one year. By then me and my wife have had a big fight and we missed the appointment because we were separated at the time.
    Finally after two years apart things are working now and we got back together and in december we filed a new I-485 and I-765.
    We received two request for initial evidence (yellow letter) and mailed the documents back to INS.
    I'm aware my EAD clock stops and restarts after they get all the info needed, but now, on the 84th day after they received the info, the status online says an Additional Evidence letter request has been sent to me.
    Now what?? I have to restart the 90 days count for my EAD again? On the 84th day??
    That doesn't sound very fair.
    Some friends say that all those Request for evidence letters may be because they might be close to sending me my GC, even before the interview, because we have been married now for almost 5 years. Does this happen?
    Many thanks in advance.

  2. #2
    Please, I need some advice.
    Me and my wife went to AOS interview in 2006 and IO told us we didn't have enough evidence to support our marriage, then he said INS would schedule, within 30 days, a second interview where we were going to be separated and asked questions about our relationship. Instead of 30 days, the second interview letter arrived after one year. By then me and my wife have had a big fight and we missed the appointment because we were separated at the time.
    Finally after two years apart things are working now and we got back together and in december we filed a new I-485 and I-765.
    We received two request for initial evidence (yellow letter) and mailed the documents back to INS.
    I'm aware my EAD clock stops and restarts after they get all the info needed, but now, on the 84th day after they received the info, the status online says an Additional Evidence letter request has been sent to me.
    Now what?? I have to restart the 90 days count for my EAD again? On the 84th day??
    That doesn't sound very fair.
    Some friends say that all those Request for evidence letters may be because they might be close to sending me my GC, even before the interview, because we have been married now for almost 5 years. Does this happen?
    Many thanks in advance.

  3. #3
    Your friends are wrong. Requests for evidence mean that USCIS is close to denying your application.

    Were you in illegal status when you filed the most recent I485 and I765?

    Was your first application actually denied?

  4. #4
    Yes, our first application was denied in 2007 because we failed to appear for the second AOS interview. So yes, I guess I was out of status since then.
    But can they deny my new application based on the last one that got denied?

  5. #5
    Yes, if you were actually denied. In cases where there is not a clearly valid marriage, your first denial is usually used as evidence in the second denial.

  6. #6
    Thank you federale. Let's hope they don't deny my case just based on suspicion. It wouldn't be fair, specially when my marriage is not a fraud, just turbulent.

  7. #7
    But I still don't know if now I'll have to wait another 90 days for my EAD due to the RFE that was sent to me.

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