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Dagnammit

HELP - never received my RFE in the mail

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Hiya all, hope you can help me. I am AOSing from a K-1 fiance visa. We got married last winter and sent away our AOS application in the spring, USCIS received it, got my work and travel authorization early this summer, and have been waiting for the green card ever since. Signed up for email and text updates but only ever got the ones about them receiving the application way back when. Have read that it can take six months or more for the green card to come through, and besides, could work and travel, so have just been waiting patiently all this time until decided to check USCIS.gov on a whim yesterday and it says they sent us an RFE on November 11! It is now December 12, we have been at the same address all this time, and have never received an RFE in the mail or any text or email saying they sent one. Freaking out a bit... tried calling the customer service line but can't get a human, and tried to schedule an InfoPass appt but the next available one is December 27. Does anyone know how I can get an actual human on the line to ask about this?! I have no idea what the RFE is for, or when my response is due, and am scared sh*tless. This is my final hurdle and don't want it to go tits up now. Please help!

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Filed: K-3 Visa Country: Colombia
Timeline

try calling early in the morning 7;55am when they start work.dial press 123 for live person if busy set your phone on redail keep calling until you get a live person. have all your information ready name bate of birth, alien number,good luck.

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try calling early in the morning 7;55am when they start work.dial press 123 for live person if busy set your phone on redail keep calling until you get a live person. have all your information ready name bate of birth, alien number,good luck.

Ok, will do, thanks for quick reply. Does anyone know if they grant extensions in a case like this? Surely we're not the first person this has ever happened to... did a quick search of this site and found one other, but they never posted a follow up post on what happened.

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try calling early in the morning 7;55am when they start work.dial press 123 for live person if busy set your phone on redail keep calling until you get a live person. have all your information ready name bate of birth, alien number,good luck.

Ok, will do, thanks for quick reply. Does anyone know if they grant extensions in a case like this? Surely we're not the first people this has ever happened to... did a quick search of this site and found one other, but they never posted a follow up post on what happened.

Edited by Dagnammit
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When you call, make sure you ask for a supervisor who will be an immigration officer. The person you talk to first is a call center rep.

You generally get 87 days to respond to an RFE. If you don't adequately respond in that time your AOS will be denied.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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When you call, make sure you ask for a supervisor who will be an immigration officer. The person you talk to first is a call center rep.

You generally get 87 days to respond to an RFE. If you don't adequately respond in that time your AOS will be denied.

That's what I'm worried about... if I've lost 30+ days here already, and they want something that's going to take 30 days or more to get and then get back to them, I don't want to be in danger of having my AOS denied when I never received their RFE in the first place! I saw on another post that perhaps they'd require me to submit a written statement saying we never received the RFE and asking for an extension, has anyone ever heard of anything like that before?

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When you call, make sure you ask for a supervisor who will be an immigration officer. The person you talk to first is a call center rep.

You generally get 87 days to respond to an RFE. If you don't adequately respond in that time your AOS will be denied.

And god forbid we don't get whatever they need back to them in time and my AOS is denied (god forbid x1000), can I then re-apply, or appeal? Will I be deported within 30 days? I am freaking out here. I've jumped through all the hoops and was just waiting to hear back, this has really thrown me...

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I've never heard of an extension but you would be denied without prejudice, meaning you would be able to file a motion to reopen or file again.

I would call first thing tomorrow, make sure to speak to an immigration officer, and see if you can figure out what is going on. Also, if you haven't already, make sure your address is correct with USCIS - even if you have received stuff there before, verify it with them and make sure your name is in your mailbox so they can resend it if needed.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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I've never heard of an extension but you would be denied without prejudice, meaning you would be able to file a motion to reopen or file again.

I would call first thing tomorrow, make sure to speak to an immigration officer, and see if you can figure out what is going on. Also, if you haven't already, make sure your address is correct with USCIS - even if you have received stuff there before, verify it with them and make sure your name is in your mailbox so they can resend it if needed.

Ok, called first thing and got a live person (but not a supervisor), and she said they can resend the RFE and it should arrive within 15 days (which puts us at Christmas), but no extra time will be granted. So now I'll be 45 days out, and if the original due date was 87 days from Nov 11, that's eating up about half of my reply time. And if they're wanting something from the UK, that's not enough time for me to send away and ask for it and them send it back in time for me to submit, especially with the holidays. Are there other courses of action for me? Call back again and ask again for a supervisor? She wouldn't transfer me to anyone else.

Also, aside the point, but isn't it a little strange to get an RFE after it's been transferred to the CSC and I got work and travel authorization ages ago?

Edited by Dagnammit
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Sorry to keep replying to my own thread but I called back again, got a supervisor, and he was no further help. Told me they couldn't do anything but resend and once I'd received the RFE and saw what it was for and what the deadline was, I could call again, but that they'd probably make their decision on the information they received by that date.

I am sick about this. I don't even know what it's for! Really hope it's something that I can get a quick turnaround on. I have followed every instruction and demand to a T thus far and the possibility that I could get denied now for something beyond my control is sickening. If anyone could give me any tips or suggestions they would be most appreciated.

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Sorry to keep replying to my own thread but I called back again, got a supervisor, and he was no further help. Told me they couldn't do anything but resend and once I'd received the RFE and saw what it was for and what the deadline was, I could call again, but that they'd probably make their decision on the information they received by that date.

I am sick about this. I don't even know what it's for! Really hope it's something that I can get a quick turnaround on. I have followed every instruction and demand to a T thus far and the possibility that I could get denied now for something beyond my control is sickening. If anyone could give me any tips or suggestions they would be most appreciated.

First - Relax.

You are taking the proper steps - wait for the INFOPASS meeting (if you made it) or wait for the re-send of the RFE.

Second - go over your copies of everything you sent for the AOS - compare it with the guides/instructions to see if you made a mistake, or miss something. Check your math on the 864, check your forms for mistakes.

(BTW - have someone else that didn't fill out the forms check them - if you made the mistake in the first place, 9 out of 10 times you will not see the mistake on second look)

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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The advice you got above is spot-on. Keep in mind that while some RFEs do involve things that are time-consuming to produce, many do not. We got an RFE because we only included 4 passport photos instead of 6. It took about 10 minutes to fix.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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First - Relax.

You are taking the proper steps - wait for the INFOPASS meeting (if you made it) or wait for the re-send of the RFE.

Second - go over your copies of everything you sent for the AOS - compare it with the guides/instructions to see if you made a mistake, or miss something. Check your math on the 864, check your forms for mistakes.

(BTW - have someone else that didn't fill out the forms check them - if you made the mistake in the first place, 9 out of 10 times you will not see the mistake on second look)

Thanks Bobby+Umit and ceadsearc. Trying to remain calm and hopeful and do whatever I can.

Just got this email from USCIS:

"After careful review of your request, it has been determined that your issues will be best addressed by the USCIS office having jurisdiction over your case. Therefore, we have taken the liberty of forwarding your service request, to the California Service Center.

If you have any further questions, please call the National Customer Service Center at 1-800-375-5283."

That number is the one I called this morning. I suppose now I try and call the CSC, or wait for them to contact me?

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Thanks Bobby+Umit and ceadsearc. Trying to remain calm and hopeful and do whatever I can.

Just got this email from USCIS:

"After careful review of your request, it has been determined that your issues will be best addressed by the USCIS office having jurisdiction over your case. Therefore, we have taken the liberty of forwarding your service request, to the California Service Center.

If you have any further questions, please call the National Customer Service Center at 1-800-375-5283."

That number is the one I called this morning. I suppose now I try and call the CSC, or wait for them to contact me?

Ok - so they just sent it to CSC - they do this all the time.

What center did you send it to? what state are you in?

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Ok - so they just sent it to CSC - they do this all the time.

What center did you send it to? what state are you in?

We are in New York. Submitted the I-485 to Chicago Lockbox in the spring. They transferred our case to the CSC back in June, and that's who I assumed sent the RFE, so I'm a little confused by that email. Have an InfoPass meeting on December 28, and otherwise just waiting to hear from anyone or get the RFE in the mail. Really hope it comes before the holidays and that it doesn't require something time-consuming.

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