DENIED! USCIS never received RFE I-693 [merged threads]

[Ash.1101 1,755]

First do what @geowrian says.

Second, It's also possible that since the RFE due date was Feb 1st, and it's only Feb 20th, that even though you sent it 2 weeks ahead of time, the paperwork hasn't actually made it to anyone's desk to process. It's not the first time they've sent out denials fairly quickly after the expiration date. I believe that they do this because they don't expect anyone to wait so close to send things. You did say in January that you JUST got the RFE. When did you actually receive the RFE in the mail? Did you move addresses at any point between the interview and now?

Also note that bio metrics and vaccinations are not used interchangeably. They mean two different things, but in your profile and timeline you use them as the same thing.

OP's timeline:
K1 Medical: Pre-May 2016
K1 Interview: May 30, 2016
K1 Visa enterance: July 3rd, 2016

Marriage: Aug 12, 2016

AOS NOA: DEC 16, 2016

AOS RFE: Jan 07, 2017
AOS Interview: July 28, 2017
AOS RFE: (Somewhere late 2018-JAN 2019?)

 

The OP was told that the vaccinations were not complete, and then just a back and forth arguing ensues over how they did do vaccinations and this and that.  According to this post below they.. walked across the street to a civil surgeon and got it all done, but in the timeline it says they walked over to the biometrics place and were told it didn't need to be done.
 

Quote

 

The interviewer thought his biometrics were incomplete however, she failed to realize that part of his shots were done in the Dominican Republic so he only needed a few missing vaccines done in order for a completed biometrics.  

 

The OP leaves the office and then hears nothing until this RFE.

It's possible they wanted a new I-693 because the DS-3205 had expired in the system. It's also possible they wanted all of the vaccinations done. This isn't the first time I've seen people asked for new medical paperwork if the AOS interview occurs more than a year after the last medical done. There have been people asked to complete a new one post interview, this isn't new or surprising.

It also does seem like there was some miscommunication on both ends. USCIS should have given them the RFE right there since she knew exactly what they needed.

The IO straight up told them the vaccinations weren't complete, they then started arguing that they didn't need to do the Civil Surgeon again (calling it biometrics) because they were K-1.

They either then went and got some vaccinations and turned it in, or they went to a biometrics support office and were told they didn't need to get vaccinations done. (Unclear due to conflicting information in interview review and forum posts)

They went back and argued with the IO some more because they bumped into her, and then just kept contacting USCIS over and over.


Overall, from the fact that it's hard to even understand what fully happened based off the OP's own posts. It's possible that every interaction they're having with USCIS is leaving everyone tired and confused and USCIS has DEFINITELY made things difficult for people who have done this in the past. There have been plenty of people on VJ who have had USCIS basically just not want to deal with them anymore unless they -had- to, so... they simply just didn't. It's a powerplay and it sucks when it happens, but it always seems to happen to peoples who's stories are convoluted or people who openly say they just sat there and argued with workers.



Again as a stressing note, Biometrics is just where they take your photo, do your fingerprints, and take down basic info to enter it into the USCIS system. Biometrics has nothing to do with vaccinations and the I-693.
If you want to make everything more clear, just call the vaccination "vaccination" or "medical" and biometrics "biometrics".

Edited February 20, 2019 by Ash.1101

[DRKALEMAR 11]

6 hours ago, Ash.1101 said:

First do what @geowrian says.

Second, It's also possible that since the RFE due date was Feb 1st, and it's only Feb 20th, that even though you sent it 2 weeks ahead of time, the paperwork hasn't actually made it to anyone's desk to process. It's not the first time they've sent out denials fairly quickly after the expiration date. I believe that they do this because they don't expect anyone to wait so close to send things. You did say in January that you JUST got the RFE. When did you actually receive the RFE in the mail? Did you move addresses at any point between the interview and now?

Also note that bio metrics and vaccinations are not used interchangeably. They mean two different things, but in your profile and timeline you use them as the same thing.

OP's timeline:
K1 Medical: Pre-May 2016
K1 Interview: May 30, 2016
K1 Visa enterance: July 3rd, 2016

Marriage: Aug 12, 2016

AOS NOA: DEC 16, 2016

AOS RFE: Jan 07, 2017
AOS Interview: July 28, 2017
AOS RFE: (Somewhere late 2018-JAN 2019?)

 

The OP was told that the vaccinations were not complete, and then just a back and forth arguing ensues over how they did do vaccinations and this and that.  According to this post below they.. walked across the street to a civil surgeon and got it all done, but in the timeline it says they walked over to the biometrics place and were told it didn't need to be done.
 

The OP leaves the office and then hears nothing until this RFE.

It's possible they wanted a new I-693 because the DS-3205 had expired in the system. It's also possible they wanted all of the vaccinations done. This isn't the first time I've seen people asked for new medical paperwork if the AOS interview occurs more than a year after the last medical done. There have been people asked to complete a new one post interview, this isn't new or surprising.

It also does seem like there was some miscommunication on both ends. USCIS should have given them the RFE right there since she knew exactly what they needed.

The IO straight up told them the vaccinations weren't complete, they then started arguing that they didn't need to do the Civil Surgeon again (calling it biometrics) because they were K-1.

They either then went and got some vaccinations and turned it in, or they went to a biometrics support office and were told they didn't need to get vaccinations done. (Unclear due to conflicting information in interview review and forum posts)

They went back and argued with the IO some more because they bumped into her, and then just kept contacting USCIS over and over.


Overall, from the fact that it's hard to even understand what fully happened based off the OP's own posts. It's possible that every interaction they're having with USCIS is leaving everyone tired and confused and USCIS has DEFINITELY made things difficult for people who have done this in the past. There have been plenty of people on VJ who have had USCIS basically just not want to deal with them anymore unless they -had- to, so... they simply just didn't. It's a powerplay and it sucks when it happens, but it always seems to happen to peoples who's stories are convoluted or people who openly say they just sat there and argued with workers.



Again as a stressing note, Biometrics is just where they take your photo, do your fingerprints, and take down basic info to enter it into the USCIS system. Biometrics has nothing to do with vaccinations and the I-693.
If you want to make everything more clear, just call the vaccination "vaccination" or "medical" and biometrics "biometrics".

Hello, appreciate your advice. It actually assures me a bit that this is a common error. Also, to answer your question, the RFE was dated 12/31/2018 but I didn't receive it until January 11th. My lawyer received his copy sooner and that is why I was able to take action sooner. As a matter of fact, my husband sent his I-693 the day we received our own hard RFE copy! Although I paid $15 to expedite the letter's arrival w/signature, they still didn't receive our documents until 1/17th. 

So between the awful usps turn around and uscis, they just rushed us and denied us. Oddly enough, the denial letter we received ON TIME (same day as my lawyer).

 

Now I will say, my husband and I had a wonderful experience during our interview and neither of us have a criminal record whatsoever. I genuinely believe this is simply careless handling. 

 

Thank you for clarifying biometrics and vaccines. I should have led with I-693 rather than the word biometrics.

[Ash.1101 1,755]

40 minutes ago, DRKALEMAR said:

Hello, appreciate your advice. It actually assures me a bit that this is a common error. Also, to answer your question, the RFE was dated 12/31/2018 but I didn't receive it until January 11th. My lawyer received his copy sooner and that is why I was able to take action sooner. As a matter of fact, my husband sent his I-693 the day we received our own hard RFE copy! Although I paid $15 to expedite the letter's arrival w/signature, they still didn't receive our documents until 1/17th. 

So between the awful usps turn around and uscis, they just rushed us and denied us. Oddly enough, the denial letter we received ON TIME (same day as my lawyer).

 

Now I will say, my husband and I had a wonderful experience during our interview and neither of us have a criminal record whatsoever. I genuinely believe this is simply careless handling. 

 

Thank you for clarifying biometrics and vaccines. I should have led with I-693 rather than the word biometrics.

Part of me is curious if they sent the RFE before and it didn’t get to you or why they waited to send the RFE with such a small expiration time frame. 

 

Usually they give you you more than 30 days from the day they draft a paper to respond to them. I believe the norm is to allow for almost 12 weeks to respond. 

 

But ya it can take them a few weeks just to get to your packet to put it in the system, so to them they don’t have anything. 

[DRKALEMAR 11]

7 minutes ago, Ash.1101 said:

Part of me is curious if they sent the RFE before and it didn’t get to you or why they waited to send the RFE with such a small expiration time frame. 

 

Usually they give you you more than 30 days from the day they draft a paper to respond to them. I believe the norm is to allow for almost 12 weeks to respond. 

 

But ya it can take them a few weeks just to get to your packet to put it in the system, so to them they don’t have anything. 

I have no way of knowing. The website has shown "we received your fingerprints on December 11, 2016". It's been stuck on that status for years. Since then, we had an interview and RFE. Also since my lawyer and I are both supposed to obtain the same notice, one of us would have received something prior to this recent notice.

I was shocked they only gave us a month to submit our I-693. It cost me $500 to expedite and haul a$$. 

 

I'm having a new lawyer drop off an appeal in person first thing tomorrow. Crossing my fingers.

[DRKALEMAR 11]

Just wanted to say that we finally received our GREEN CARD and it's valid for 10 years.

BASICALLY, we were falsely denied our case because of an error on the USCIS part.

 

I found an excellent lawyer who appealed our case, still no respond, then we sent a mandamus basically threatening to file a lawsuit. In the interim, coincidentally I heard back (after a few months) from our congresswoman Caroline Maloney. She sent a letter along with 29 pages of evidence that we did indeed send appropriate documentation on time (early actually) to our house of congress. 

 

Within 2+ weeks, we received an NOA and approval, and by 48 hours, the green card was in our mailbox.

Lesson learned here is to take pictures of everything, never give up and definitely get yourself a lawyer who hand delivers your appeals or paperwork. AND get your politicians involved.