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Demian_Bones

N400 RFE After Interview

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Filed: Citizen (apr) Country: Pakistan
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22 minutes ago, Demian_Bones said:

This isn't too surprising since I'm forced to submit documents I've already submitted before in my application and even brought to my interview. I mean it sounds like USCIS just opts to go with the most inefficient way of adjudicating your case. They could have just easily called you for a second interview and sent you a letter with all the stuff they want and have you address any concerns they have. But of course they decided to mail you RFE three different times over the course of months, it's just bonkers really.

Is there any time frame you have to wait for the decision from USCIS after submitting response to RFE?  after 60 days can call your senator and still no word can file a mandamus with the help of attorney. I hope it does not go that point and resolve the issue before that. 

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On 3/10/2020 at 2:44 PM, Fahad86 said:

Is there any time frame you have to wait for the decision from USCIS after submitting response to RFE?  after 60 days can call your senator and still no word can file a mandamus with the help of attorney. I hope it does not go that point and resolve the issue before that. 

They have 120 days to make a decision from the timenyou received the first NOA according to my attorney, regardless of how many RFE you have received 

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12 hours ago, help_me_please said:

They have 120 days to make a decision from the timenyou received the first NOA according to my attorney, regardless of how many RFE you have received 

I think the statue requires a decision to be made 120 days after the interview. Having said that, do we know if an RFE pauses that clock since my case status actually says they will pause my case until they receive what they're asking for? I'm curious because there was a gap of a week between when I received my RFE and when USCIS received my evidence. Would that week count towards that 120 days?

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6 hours ago, Demian_Bones said:

I think the statue requires a decision to be made 120 days after the interview. Having said that, do we know if an RFE pauses that clock since my case status actually says they will pause my case until they receive what they're asking for? I'm curious because there was a gap of a week between when I received my RFE and when USCIS received my evidence. Would that week count towards that 120 days?

The clock stops anytime they send out the RFE , and it resumes when they receive it back

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6 hours ago, Demian_Bones said:

Any updates on your 4th RFE? Did you end up receiving the mail or was it a system glitch?

It wasn't a glitch , they want the i-9 document from my employer . My attorney's responded to that part at the second RFE and explained to them that it wasn't available since he never gave me anything but check subs and w2's and he explained to them that I  wouldn't have access to it in the first place since it's something belongs to the employer  ,not the employee . Things  Doesn't look good so far even though I've sent them tons of documents that are more important that the i-9 but i think they're trying to make excuses so they can deny my case.  I am preparing for a lawsuit at the federal court in case of a denial 

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5 hours ago, help_me_please said:

It wasn't a glitch , they want the i-9 document from my employer . My attorney's responded to that part at the second RFE and explained to them that it wasn't available since he never gave me anything but check subs and w2's and he explained to them that I  wouldn't have access to it in the first place since it's something belongs to the employer  ,not the employee . Things  Doesn't look good so far even though I've sent them tons of documents that are more important that the i-9 but i think they're trying to make excuses so they can deny my case.  I am preparing for a lawsuit at the federal court in case of a denial 

That's unfortunate to hear. I have no idea why USCIS is asking for I9 documentation from you especially given that you've already indicated that your green card wasn't acquired via employment. Fortunately for you, you can request a hearing if you're denied if it comes to down that but here's hoping that won't happen. 

 

 I sent a message to USCIS and they responded back saying that my second RFE was a mistake and that they've received my evidence I submitted for the 1st RFE and they're processing my case as of March 2nd. Hopefully I hear something soon.

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9 hours ago, help_me_please said:

It wasn't a glitch , they want the i-9 document from my employer . My attorney's responded to that part at the second RFE and explained to them that it wasn't available since he never gave me anything but check subs and w2's and he explained to them that I  wouldn't have access to it in the first place since it's something belongs to the employer  ,not the employee . Things  Doesn't look good so far even though I've sent them tons of documents that are more important that the i-9 but i think they're trying to make excuses so they can deny my case.  I am preparing for a lawsuit at the federal court in case of a denial 

Your employer must have a copy of your I-9 on file, unless you where hired more than 3 years ago. If it went missing, a new one can be created according to: https://www.uscis.gov/faq-page/i-9-central-self-audits#t17081n47852

Somewhere in there I also found that your employer can give you a copy if you request one.

Not having a (correct) I-9 on file can lead to serious penalties for your employer.

Looks to me that apart from going over your file with a fine tooth comb, they are also getting ready to hit your employer with an audit (and that can never be fun).

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USCIS has suspended in-person services until April and so it looks like we're in a for a long wait as far as getting a final decision rendered. Honestly, I'm glad they did this as the last thing I want is worrying about getting called in for a follow up interview in the midst of this pandemic. At least now we can just focus on our health and disregard this irritating RFE's for now.

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50 minutes ago, Demian_Bones said:

USCIS has suspended in-person services until April and so it looks like we're in a for a long wait as far as getting a final decision rendered. Honestly, I'm glad they did this as the last thing I want is worrying about getting called in for a follow up interview in the midst of this pandemic. At least now we can just focus on our health and disregard this irritating RFE's for now.

In person means interviews etc... but they're still working on cases like before and thats according to my attorney 

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8 hours ago, help_me_please said:

In person means interviews etc... but they're still working on cases like before and thats according to my attorney 

You're right, I read the alert in the USCIS site again and it does say they will continue processing cases that don't require in-person service. Hopefully, with interviews cancelled now they can use this time to catch up on pending cases like ours and process them. 

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On 3/8/2020 at 4:35 PM, Downloader said:

Same thing happened with a friend of mine recently in Oakland Park, FL field office. 
They wanted to see child support evidence of his children living abroad which even though was included on his original submission they wanted and updated one so they gave him an RFE to which he replied via mail to the office. 
Estrange thing is he later saw a second RFE on his account. I checked the mail tracking number for the response he sent and surprise it was delivered the same day the “Second RFE” was issued. I told him to wait until he receive it and was suspecting it was a glitch,  4-5 days later the status changed to Approved.  I guess that “second rfe” was the officer just putting the info about receiving the documents for the first RFE and at some point messed up. Their system is full of glitches and the are humans that make mistakes on top of that. Hope your case is the same and your approval is coming!

 

Good Luck!

Hi, I dont wish to derail the topic of this thread.  Like your friend, i have a child abroad so I am sending an agency printout of my child support payments (account statement). what updated document did they ask for?  agency printout or some other evidence like western union or bank statements?   your answer will be very valuable to me, thank you.

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1 hour ago, xanura said:

Hi, I dont wish to derail the topic of this thread.  Like your friend, i have a child abroad so I am sending an agency printout of my child support payments (account statement). what updated document did they ask for?  agency printout or some other evidence like western union or bank statements?   your answer will be very valuable to me, thank you.

He submitted statements from Western Union showing monthly transfers of money to the mothers of the 2 kids when he applied, at the interview the officer couldn’t find on the file (maybe the lost it) so my friend got the RFE .

At the end I suggested to include a signed notarized statement from the mothers with their name, address and phone numbers confirming that he support the kids, actually my suggestion was on the RFE itself after he received it. 😁

That plus all the transaction statements that he could get from Western Union worked fine and he got approved couple days after the evidence got to the officer. 
 

Here is a copy of the RFE

561E00E8-A4D4-427F-81E5-C7E2F900DD21.jpeg

Edited by Downloader
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14 minutes ago, Downloader said:

He submitted statements from Western Union showing monthly transfers of money to the mothers of the 2 kids when he applied, at the interview the officer couldn’t find on the file (maybe the lost it) so my friend got the RFE .

At the end I suggested to include a signed notarized statement from the mothers with their name, address and phone numbers confirming that he support the kids, actually my suggestion was on the RFE itself after he received it. 😁

That plus all the transaction statements that he could get from Western Union worked fine and he got approved couple days after the evidence got to the officer. 
 

Here is a copy of the RFE

561E00E8-A4D4-427F-81E5-C7E2F900DD21.jpeg

Thank you so much. This is a helpful information 

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