RFE - response time

[NoneYa 73]

How long do you have to respond to an RFE ? I am going back to the Philippines next month but they are processing the month I filed in (August) now. Since I will be gone 2 weeks, I would hate to get an RFE the day before I leave and only have two weeks to respond to it. Maybe I could respond and tell them I am out of the country if there is such a time limit on it ?

I am just trying to be prepared.

[Moomin 292]

You're given 30 days. If they do not receive a response within that time frame then they have the right to look at your petition as it is and a decision is based on that. On the back of the RFE it says; "no extension of time will be granted".

[Impatient Cupcake 10]

we received our rfe the same day my fiance arrived here (november 14) says we have till february (6 or 8 i forgot) to respond.

[NoneYa 73]

30 days would be scary. Since I had two differing answers I decided to search and someone with a good track record posted this:

The average time is also the statutory maximum time - 84 days (12 weeks), plus a 3 day grace period if the RFE was sent by mail.

If anyone can confirm this, it would be helpful. This is regarding waiting on my NOA2. Thanks.

[payxibka 10,045]

30 days would be scary. Since I had two differing answers I decided to search and someone with a good track record posted this:

The average time is also the statutory maximum time - 84 days (12 weeks), plus a 3 day grace period if the RFE was sent by mail.

If anyone can confirm this, it would be helpful. This is regarding waiting on my NOA2. Thanks.

my rfe was 80+ days to reply

[shaka 11]

Mine was issued on October 7th and they gave me till December 30th,so it`s like what?83 days?the same as Impatient Cupcake said...I am IR-1 though..however ,I do not think it makes any difference...Hopefully ,you will NOT get any RFE

[Scott and Mhay 57]

Our RFE said 30 days on it to reply. (actually gave a date they needed to hear back from me on it) The RFE will have the timeframe on it.

[GringoD 33]

I don't have the paper in front of me, but I thought it said either 30 or 60 days to reply, maybe even 90.

Whatever the number is/was... I was thinking, "Who'd want to wait that long to respond?"

Way more than two weeks, NoneYa.

You'll be okay.

[NoneYa 73]

Okay, I think I understand. They probably look at if you have to get court records and issue a longer time frame (80 + days ) or just returning a document signature and issue a shorter time frame (30 days ) ? Maybe that is the difference in RFE reponse time requirements.

My vacation will cut a solid 2 weeks out of my time to respond and I actually work for a living so it's not that easy to go run to the court house!!! Lol. I would hate to screw this part up after waiting 5 months but I certainly don't expect an RFE.

Thanks for all the responses to help figure out their methods on RFE time frames.

Edited December 24, 2011 by NoneYa

[Hank_ 9,174]

Okay, I think I understand. They probably look at if you have to get court records and issue a longer time frame (80 + days ) or just returning a document signature and issue a shorter time frame (30 days ) ? Maybe that is the difference in RFE reponse time requirements.

My vacation will cut a solid 2 weeks out of my time to respond and I actually work for a living so it's not that easy to go run to the court house!!! Lol. I would hate to screw this part up after waiting 5 months but I certainly don't expect an RFE.

Thanks for all the responses to help figure out their methods on RFE time frames.

I am flying back to the Phils but am holding off until I see the NOA2 in my sweaty hands!

[JimVaPhuong 4,863]

30 days would be scary. Since I had two differing answers I decided to search and someone with a good track record posted this:

The average time is also the statutory maximum time - 84 days (12 weeks), plus a 3 day grace period if the RFE was sent by mail.

If anyone can confirm this, it would be helpful. This is regarding waiting on my NOA2. Thanks.

Yeah, that was probably me. I remember writing that.

The Adjudicators Field Manual, chapter 10.5 says:

The regulations permit USCIS to assign flexible times for applicants and petitioners to respond to a Request for Evidence (

RFE

). The significant amendments to the

RFE

process appear in 8 CFR 103.2(b)(8) , (b)(11) , and (b)(13) , revised AFM Chapters 10.5(a) , (b) , and AFM Appendix 10-9 . Appendix 10-9 sets forth general timeframes for applicants or petitioners to respond to RFEs.

To ensure consistency, adjudicators must follow the standard timeframes, but may reduce the response time on a case-by-case basis after obtaining supervisory concurrence. This discretion should only be used when warranted by circumstances as determined by the adjudicator and the supervisor

.

(3) Maximum Response Times .

The maximum response time is 12 weeks for an

RFE

. Extensions of time to submit evidence beyond the 12-week limit for RFEs or the 30-day period for NOIDs are not permitted. The regulations state that when an

RFE

is served by mail, the response is timely filed if it is received no more than three days after the due date.

So, they usually give the standard 12 weeks (84 days) plus the 3 day grace period for mailing. They can't give more than 12 weeks because the statutes don't allow them to. They don't reduce the amount of time given unless the adjudicator and their supervisor both think that it's appropriate to give less time. They don't describe what situations might result in an adjudicator and their supervisor concluding that it would be appropriate to allow less than 12 weeks, but from reading VJ for a couple of years I can state that it doesn't happen very often.

[NoneYa 73]

Thanks for sharing that Jim. It very helpful to know because I am already packing for my trip to ....

Bohol Amorita Resort Philippines -> http://www.360cities.net/image/bohol-amorita-resort-philippines#33.58,1.93,70.0

Edited December 25, 2011 by NoneYa

[GringoD 33]

" but I certainly don't expect an RFE."

jajajajJAJAjjajaj... Neither did I, NoneYa. Neither did I.

And, I hope you are spared the RFE.

Edited December 25, 2011 by GringoD

[Hank_ 9,174]

I actually am expecting an RFE, I used an old copy of a divorce decree. I have a "fresh" certified copy waiting here now.