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PRC Rabbit

Will a faulty RFE submission lead to an NOID?

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I received an RFE asking for my divorce and COC's.  I submitted the documents to USCIS in two (2) separate mailings instead of  one (1)  as they stated  on the RFE form.

My question is, will USCIS  issue an NOID for this and provide 30 days to re-submit the documents in one (1) mailing to fix it, or can they deny without an NOID & 30 day reply period?

How petty are they about something like this?  I understand they don't want  piecemeal submissions as it causes more work.  I was afraid I would not be able to get

a new judge to sign a 'replacement divorce judgment' (unusual situation itself) ;

neil

Edited by PRC Rabbit
another mistake

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there is a potential for a noid since they are expecting to receive everything together and may say you are missing pieces before the second package arrives. what ever response comes from it always follow thier instructions exactly since you don't want to mess up again.

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31 minutes ago, PRC Rabbit said:

I received an RFE asking for my divorce and COC's.  I submitted the documents to USCIS in two (2) separate mailings instead of  one (1)  as they stated  on the RFE form.

My question is, will USCIS  issue an NOID for this and provide 30 days to re-submit the documents in one (1) mailing to fix it, or can they deny without an NOID & 30 day reply period?

How petty are they about something like this?  I understand they don't want  piecemeal submissions as it causes more work.  I was afraid I would not be able to get

a new judge to sign a 'replacement divorce judgment' (unusual situation itself) ;

neil

You should have gotten a response from an RFE response sent in July. Normally it doesn't take 2 months.

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Yes. I did receive Acknowledgement that USCIS received my RFE submission.  I also  submitted an online request to fix an error  which generated a Service Request and USCIS acknowledged that through to completion. I'm going on +200 days and getting fidgety.

thank you for anwers neil

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18 minutes ago, PRC Rabbit said:

Will an NOID allow me the 30 days to fix it and send these documents in (again) but in one mailing?

I guess I'm asking whether they can Deny pre-NOA2  without the NOID?

Yes, they can deny without a NOID. Typically they issue a NOID first.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

?/?/?: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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What "should" happen isn't always the case of what does happen. I wouldn't call failure to respond completely to an RFE as a summary denial. A summary denial would be if they didn't issue an RFE and give somebody a chance to provide evidence. Or maybe if they provided the requested evidence but it still didn't meet their requirements.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

?/?/?: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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4 hours ago, PRC Rabbit said:

Will an NOID allow me the 30 days to fix it and send these documents in (again) but in one mailing?

I guess I'm asking whether they can Deny pre-NOA2  without the NOID?

Yes, depends on the adjudicating officer's discretion. He can RFE again or deny.


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Hi Dutchster, I ordered a  criminal background search from the State but it did not list an Unclassified misdemeanor for an old driving offense.

I also had an irregularity with my divorce papers (court storage facility  lost file).

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20 hours ago, PRC Rabbit said:

I received an RFE asking for my divorce and COC's.  I submitted the documents to USCIS in two (2) separate mailings instead of  one (1)  as they stated  on the RFE form.

My question is, will USCIS  issue an NOID for this and provide 30 days to re-submit the documents in one (1) mailing to fix it, or can they deny without an NOID & 30 day reply period?

How petty are they about something like this?  I understand they don't want  piecemeal submissions as it causes more work.  I was afraid I would not be able to get

a new judge to sign a 'replacement divorce judgment' (unusual situation itself) ;

neil

Speaking of "petty" why didn't you submit the two items together as you were instructed?  It is very possible that they will deny because the first person to touch your mailing will see that you did not submit all the documents required by the RFE.

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