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Kristi&Luigi

RFE response will arrive one day late...

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Posted (edited)

Hey guys so my RFE notice is March 11 and they gave me 87 days to respond.

 

The exact act wording is: 

“You must send the requested information by mail to the address shown below within 87 days. 

 

You must submit all of the requested evidence at one time. If you submit only part of the evidence, we will make a decision based on the evidence that you submit.  We will not consider any evidence that is submitted after the due date. If you do not respond to this request by the date shown above, we will deny your case.” 

 

The thing is I’ve had some intense struggles and didn’t get to complete the documents until now. The problem is, the package is shipped within the 87 days but will arrive 1 day late... technically the evidence is submitted prior to the due date, so should it be fine?  I read a lot of people saying about a 3 days grace period. Is this true? Or am I as good as denied now? 

 

Also when you count the 87 days do you start from March 11 or 12? 

 

Has anyone had success submitting late? You 

Edited by Kristi&Luigi

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Posted (edited)
31 minutes ago, Kristi&Luigi said:

Hey guys so my RFE notice is March 11 and they gave me 87 days to respond.

 

The exact act wording is: 

“You must send the requested information by mail to the address shown below within 87 days. 

 

You must submit all of the requested evidence at one time. If you submit only part of the evidence, we will make a decision based on the evidence that you submit.  We will not consider any evidence that is submitted after the due date. If you do not respond to this request by the date shown above, we will deny your case.” 

 

The thing is I’ve had some intense struggles and didn’t get to complete the documents until now. The problem is, the package is shipped within the 87 days but will arrive 1 day late... technically the evidence is submitted prior to the due date, so should it be fine?  I read a lot of people saying about a 3 days grace period. Is this true? Or am I as good as denied now? 

 

Also when you count the 87 days do you start from March 11 or 12? 

 

Has anyone had success submitting late? You 

Unfortunately, the thing is USCIS does not care about your intense struggles.  It's going to be up to the adjudicator if any grace period will be given.  I also heard some people were given a grace period and some were not.  So there is no way to give you any reassurance.  You will find out soon enough.  Hopefully you have a Plan B if it does not go your way.  Good Luck!  Also, 87 days starts from the notice date so it is due June 6th.

Edited by gregcrs2

Removal of Conditions

12/29/2018  Sent ROC package to Dallas PO Box by USPS Priority Mail. 

12/30/2018  ROC package arrived & ready for pickup at Dallas PO Box at 7pm.

12/31/2018  USCIS received date

01/03/2019  Credit card transaction alert received at 7:10am authorizing charge of $680 to USCIS Dallas Lockbox

01/03/2019  Received text message from USCIS stating original receipt to follow in mail and a receipt number starting with MSC.

01/07/2019  Added receipt number to myaccount.uscis.dhs.gov/ and it shows case received and nothing to do at this time.

01/11/2019  Received US Postal Service Informed Delivery email at 8:20am showing incoming letter from USCIS.

01/11/2019  Received biometric appointment in the mail.  Biometric appointment is for 01/22/2019

01/14/2019  Completed walk-in biometric at Tampa Field Office.

01/29/2019  Filed an online e-request due to no I-797 receipt mailed to date.  Received automated email to expect a reply by Feb. 20.

01/30/2019  E-request response received.  They will send a duplicate receipt and we should receive it within 30 days.

02/04/2019  Informed delivery show an incoming letter form USCIS.  Won't know if it is a copy or original extension letter as we are out of country for about another 2 weeks and mail is on hold until then.

02/19/2019  USPS delivered our "hold mail" today.  Received an original 18 month extension letter.   Notice date is 01/30/2019.

04/13/2019  Checked case status online.  Case is ready to be scheduled for an interview as of 04/04/2019

 

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Posted (edited)
1 hour ago, gregcrs2 said:

Unfortunately, the thing is USCIS does not care about your intense struggles.  It's going to be up to the adjudicator if any grace period will be given.  I also heard some people were given a grace period and some were not.  So there is no way to give you any reassurance.  You will find out soon enough.  Hopefully you have a Plan B if it does not go your way.  Good Luck!  Also, 87 days starts from the notice date so it is due June 6th.

 

56 minutes ago, Matrix13 said:

87 days from March 11 is July 6. Assuming you have sent it overnight delivery, you will meet the deadline.

 I sent it overnight delivery but it won’t go out until tomorrow (on the 5th) because it was after hours and will arrive on the 6th. So then I should be fine? I thought deadline was on the 5th for some reason. This makes me really happy. 

 

Edit: By after hours I mean the truck had already left out for the 5th day deliveries. 

Edited by Kristi&Luigi

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1 hour ago, Kristi&Luigi said:

The problem is, the package is shipped within the 87 days but will arrive 1 day late... technically the evidence is submitted prior to the due date, so should it be fine?

Assuming the 5th is the last day they intended as the due date (I didn't run the numbers to confirm that it's the 6th or not), that's the last day that they are required to consider the new evidence. It doesn't mean they won't accept the RFE, just that that they may or may not still accept it.

 

The date submitted is when it is actually received by USCIS. When it was mailed does not count. See https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-1067/0-0-0-1095.html.

Emphasis in bold.

Quote
Since in-coming mail often contains fees, the in-coming mail room is a secure area, with access limited to specified personnel. Mail should be opened the same day it is received. When this is not possible, arrangements must be made to record the actual date on which the mail is received from the post office or private courier so that the receipt date can later be recorded on the application or petition itself. The receipt date is important to ensure fair, chronological processing and to enable efficient c ase tracking. Most importantly, the receipt date may be critically important in determining an applicant’s legal eligibility for a particular benefit. It is important that all mail be opened; fees removed, logged and deposited; and initial data entry completed as soon as possible.

 


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

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: 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 minutes ago, geowrian said:

Assuming the 5th is the last day they intended as the due date (I didn't run the numbers to confirm that it's the 6th or not), that's the last day that they are required to consider the new evidence. It doesn't mean they won't accept the RFE, just that that they may or may not still accept it.

 

The date submitted is when it is actually received by USCIS. When it was mailed does not count. See https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-1067/0-0-0-1095.html.

Emphasis in bold.

 

Thanks for all the info. I read somewhere that 12 weeks is the time they usually give but that’s 84 days not 87. So it sounds like my timeframe already includes the grace days. That’s why I am panicking. 

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1 hour ago, payxibka said:

New math?

image.png.c7a955a97253cba368abb43b29dc1d7c.png

 

Actually, old math. From around the year 45 BC. March 11 is Julian day 70. Add the 87 day USCIS deadline to get the sum of 157. Julian day 157 falls on June 6 (on non leap years).

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1 minute ago, Matrix13 said:

image.png.c7a955a97253cba368abb43b29dc1d7c.png

 

Actually, old math. From around the year 45 BC. March 11 is Julian day 70. Add the 87 day USCIS deadline to get the sum of 157. Julian day 157 falls on June 6 (on non leap years).

I think someone needs to look back at a previous post.   June is correct not July as previously posted 


YMMV

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25 minutes ago, payxibka said:

I think someone needs to look back at a previous post.   June is correct not July as previously posted 

#######. Yes. Good catch. I did not mean July in my earlier post. Thanks for keeping me on my toes.

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Posted (edited)
24 minutes ago, Matrix13 said:

#######. Yes. Good catch. I did not mean July in my earlier post. Thanks for keeping me on my toes.

I knew what you meant. But it’s good to clarify for future readers. 

 

if I start counting calendar days from March 11 2019, day 87 is the 5th of June with March 11 being day 1. so it’s definitely the 5th of June? No? 

 

Should it not be day 70 plus 86? -1 for first day? 

Edited by Kristi&Luigi

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17 hours ago, Kristi&Luigi said:

Thanks for all the info. I read somewhere that 12 weeks is the time they usually give but that’s 84 days not 87. So it sounds like my timeframe already includes the grace days. That’s why I am panicking. 

 

11 hours ago, Kristi&Luigi said:

I knew what you meant. But it’s good to clarify for future readers. 

 

if I start counting calendar days from March 11 2019, day 87 is the 5th of June with March 11 being day 1. so it’s definitely the 5th of June? No? 

 

Should it not be day 70 plus 86? -1 for first day? 

If you count 12 weeks from Monday March 11, it brings you to Monday June 3.  That’s 84 days, plus 3 bring you to Thursday June 6 (87 days). 

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13 hours ago, Cryssiekins said:

 

If you count 12 weeks from Monday March 11, it brings you to Monday June 3.  That’s 84 days, plus 3 bring you to Thursday June 6 (87 days). 

But aren’t you counting an extra Monday that would fall under another week (13) when you go from Monday to Monday? I’m really not helping out my own case here 😅😭

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