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In deep trouble? Missed deadline for RFE by 8 days

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I had a request for further information. I have been insanely busy at work, working weekends, travelling etc, and got my dates muddled, resulting in me sending out the further information late.

On the day *I* mailed the evidence, the USCIS mailed a letter to me saying that my petition is considered abandoned and is hereby denied.

It says I now have no residency rights nor right to employment.

However it says the denial is without prejudice to the filing of a new Petition to Remove Conditions on Residence I-751. This confuses me because I apparently am no longer resident.

There are three bases upon which I can appeal and none apply to me.

I am sick with worry and kicking myself after this stupid mistake. Does anyone have any advice?

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Filed: Other Country: United Kingdom
Timeline
I had a request for further information. I have been insanely busy at work, working weekends, travelling etc, and got my dates muddled, resulting in me sending out the further information late.

On the day *I* mailed the evidence, the USCIS mailed a letter to me saying that my petition is considered abandoned and is hereby denied.

It says I now have no residency rights nor right to employment.

However it says the denial is without prejudice to the filing of a new Petition to Remove Conditions on Residence I-751. This confuses me because I apparently am no longer resident.

There are three bases upon which I can appeal and none apply to me.

I am sick with worry and kicking myself after this stupid mistake. Does anyone have any advice?

You need to refile for removal of conditions as soon as possible. Yes you will have to pay all over again and make sure you include all the information that is needed. As soon as you get the new NOA1 with extension for 1 year you will have all the rights you had before.

There is nothing that is more important than your immigration status, Please make this your #1 priority or you will have to leave the US and start your journey from the beginning again outside the US.

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I had a request for further information. I have been insanely busy at work, working weekends, travelling etc, and got my dates muddled, resulting in me sending out the further information late.

On the day *I* mailed the evidence, the USCIS mailed a letter to me saying that my petition is considered abandoned and is hereby denied.

It says I now have no residency rights nor right to employment.

However it says the denial is without prejudice to the filing of a new Petition to Remove Conditions on Residence I-751. This confuses me because I apparently am no longer resident.

There are three bases upon which I can appeal and none apply to me.

I am sick with worry and kicking myself after this stupid mistake. Does anyone have any advice?

You need to refile for removal of conditions as soon as possible. Yes you will have to pay all over again and make sure you include all the information that is needed. As soon as you get the new NOA1 with extension for 1 year you will have all the rights you had before.

There is nothing that is more important than your immigration status, Please make this your #1 priority or you will have to leave the US and start your journey from the beginning again outside the US.

I recently got a new I-551, but I assume this will be invalidated by this letter?

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I had a request for further information. I have been insanely busy at work, working weekends, travelling etc, and got my dates muddled, resulting in me sending out the further information late.

On the day *I* mailed the evidence, the USCIS mailed a letter to me saying that my petition is considered abandoned and is hereby denied.

It says I now have no residency rights nor right to employment.

However it says the denial is without prejudice to the filing of a new Petition to Remove Conditions on Residence I-751. This confuses me because I apparently am no longer resident.

There are three bases upon which I can appeal and none apply to me.

I am sick with worry and kicking myself after this stupid mistake. Does anyone have any advice?

You need to refile for removal of conditions as soon as possible. Yes you will have to pay all over again and make sure you include all the information that is needed. As soon as you get the new NOA1 with extension for 1 year you will have all the rights you had before.

There is nothing that is more important than your immigration status, Please make this your #1 priority or you will have to leave the US and start your journey from the beginning again outside the US.

Agree with TayRivers. Re-file ROC as soon as possible. Sorry to say that you will have to pay the whole fee again and go back to the end of the line, but at least with the new NOA you will be able to legally work and travel again. Best of Luck to you! :star:

N-400

5/29/2010 - USPS Express Mail Out N-400

6/2/2010 - Priority date

6/9/2010 - Check cashed

6/11/2010 - NOA in my mail box

6/17/2010 - Able to see case status "Initial Review"

6/18/2010 - LUD

7/2/2010 - Called mis-information line to put in a service request for STILL HAVEN'T RECEIVED "FP NOTICE"

7/8/2010 - LUD, at 2:32am, received text msg and e-mail for req. for add'l evidence being mailed out on July 6th, believe it's for the FP

7/12/2010 - Received FP notice in mail, scheduled for 8/2/2010

7/15/2010 - Walk in FP

7/22/2010 - Online status changed to "Case sent to local office for interview schedule"

7/27/2010 - Received interview letter for 8/23/2010

8/23/2010 - Passed interview, was informed that next oath date is 9/22/2010 and oath letter will come in the mail

9/3/2010 - Received oath letter in the mail for 9/22/2010

Disclaimer: All comments, advice and information are given out by my kind intention, please use them at your own risk and do not hold me liable or responsible for any inaccuracy.

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Filed: Other Country: United Kingdom
Timeline
I had a request for further information. I have been insanely busy at work, working weekends, travelling etc, and got my dates muddled, resulting in me sending out the further information late.

On the day *I* mailed the evidence, the USCIS mailed a letter to me saying that my petition is considered abandoned and is hereby denied.

It says I now have no residency rights nor right to employment.

However it says the denial is without prejudice to the filing of a new Petition to Remove Conditions on Residence I-751. This confuses me because I apparently am no longer resident.

There are three bases upon which I can appeal and none apply to me.

I am sick with worry and kicking myself after this stupid mistake. Does anyone have any advice?

You need to refile for removal of conditions as soon as possible. Yes you will have to pay all over again and make sure you include all the information that is needed. As soon as you get the new NOA1 with extension for 1 year you will have all the rights you had before.

There is nothing that is more important than your immigration status, Please make this your #1 priority or you will have to leave the US and start your journey from the beginning again outside the US.

I recently got a new I-551, but I assume this will be invalidated by this letter?

Yes that letter voids any benefits granted with your denied application. You legally are not allowed to work and if you leave the US you will not be allowed to re-enter without a valid visa.

You really need to get the new I-751 filed as quickly as possible.

Edited by TayRivers
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I had a request for further information. I have been insanely busy at work, working weekends, travelling etc, and got my dates muddled, resulting in me sending out the further information late.

On the day *I* mailed the evidence, the USCIS mailed a letter to me saying that my petition is considered abandoned and is hereby denied.

It says I now have no residency rights nor right to employment.

However it says the denial is without prejudice to the filing of a new Petition to Remove Conditions on Residence I-751. This confuses me because I apparently am no longer resident.

There are three bases upon which I can appeal and none apply to me.

I am sick with worry and kicking myself after this stupid mistake. Does anyone have any advice?

You need to refile for removal of conditions as soon as possible. Yes you will have to pay all over again and make sure you include all the information that is needed. As soon as you get the new NOA1 with extension for 1 year you will have all the rights you had before.

There is nothing that is more important than your immigration status, Please make this your #1 priority or you will have to leave the US and start your journey from the beginning again outside the US.

Agree with TayRivers. Re-file ROC as soon as possible. Sorry to say that you will have to pay the whole fee again and go back to the end of the line, but at least with the new NOA you will be able to legally work and travel again. Best of Luck to you! :star:

I hear what you're saying and I agree that this is the clear path. What I'm *hoping* for, is based on conversations I had with people and an immigration officer on that horrific day I realized I was late. They said yes, you're late, no, there are no extensions, and yes, please, send the documents anyway as soon as you can.

So I overnighted them.

I am going to hang my hopes on a Monday morning call to the USCIS to see what the deal is.

Other than that, Monday afternoon I'll start a fresh I-751.

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Filed: AOS (apr) Country: Canada
Timeline

Good Luck! I am sorry to hear you have to go through all this trouble, but hopefully it will be sorted out quickly.

AOS TIMELINE

10/27/06 Mailed I-485 and I765 to Chicago

11/07/06 Checks cashed

11/09/06 Received NOA1 for both EAD and AOS in the mail

11/13/06 Received a letter for Biometrics appointment

11/15/06 Received e-mail that RFE has been mailed yesterday

11/21/06 Biometrics appointment

12/04/06 Sent RFE back

12/08/06 RFE accepted in Lee's Summit - USPS confirmation

12/12/06 RFE recorded on file by USCIS

12/13/06 Touched

12/18/06 Touched again

12/26/06 Received Interview letter dated Dec 19

01/20/07 EAD file touched

01/24/07 EAD approved and card production ordered - received 3 e-mails!

01/24/07 AOS file touched

01/26/07 EAD touched, 3 e-mails received that the approval notice has been mailed

01/30/07 EAD Card Received by Mail

02/07/07 AOS Interview, approved pending FBI name check

04/27/07 Received E-Mail "Welcome New Resident"

04/30/07 Received E-Mail "Card Production Ordered"

05/01/07 Received Welcome Letter in mail

05/07/07 Green card received in the mail!

01/28/09 Mailed I-751 application.

01/30/09 Check already cleared! In two days!

02/03/09 Received NOA - Letter of extension dated 01/29/09

02/11/09 Received Biometrics Appointment Letter for 02/24/09

02/24/09 Biometrics Appointment Completed.

04/01/09 Inforpass appointment- got I-551 stamp in my passport

04/11/09 Approval Letter received - dated 04/07/09

05/06/09 E-mail "Card Production Ordered" received

06/01/09 10 Year Green Card Received!

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Filed: IR-1/CR-1 Visa Country: India
Timeline
I had a request for further information. I have been insanely busy at work, working weekends, travelling etc, and got my dates muddled, resulting in me sending out the further information late.

On the day *I* mailed the evidence, the USCIS mailed a letter to me saying that my petition is considered abandoned and is hereby denied.

It says I now have no residency rights nor right to employment.

However it says the denial is without prejudice to the filing of a new Petition to Remove Conditions on Residence I-751. This confuses me because I apparently am no longer resident.

There are three bases upon which I can appeal and none apply to me.

I am sick with worry and kicking myself after this stupid mistake. Does anyone have any advice?

Sorry to hear this.

Is any where on denial notice written, “appeal within 30-days of this denial notice”, if yes, then immediately contact experience immigration attorney and file for appeal ASAP.

If the deadline for an appeal passes, the denial notice becomes final.

*IR-1 Visa* VSC

I-130 (IR-1):

07/22/2008: NOA1

02/17/2009: I-130 NOA2: Approved in 210 days from NOA1 date

I-129F (K-3):

08/11/2008: NOA1

02/17/2009: I-129F NOA2: Approved in 190 days from NOA1 date

<not pursuing I-129F petition further but NVC forwarded case to Consulate on 02/24/2009>

NVC Journey:

02/19/2009: NVC Received/Case number assigned for I-130

02/20/2009: DS-3032 sent by e-mail and 03/04/2009: DS-3032 sent by regular mail

02/26/2009: NVC received DS-3032 Choice of Agent selection

02/26/2009: DS-3032 accepted and AOS Bill Generated but not IV Bill

02/28/2009: AOS Bill Package received in mail

02/28/2009: Paid AOS Bill and IV Bill (as it was available) online

03/03/2009: Both AOS and IV Bill Show as Paid and Coversheet Printed

03/04/2009: Mailed I-864 and IV (DS-230) Packages

03/06/2009: I-864 and IV Packages Received by NVC and Scanned on 03/10/2009

03/13/2009: Case completed at NVC (in 17 working days from date NVC Received)

03/25/2009: Interview date assigned by NVC

US Consulate @ Mumbai, India

04/02/2009: Medical Exam (based on NVC e-mail for interview)

04/13/2009: Interview Packet Received from US Consulate

04/16/2009: Documents submitted at VFS office

[Classified]: Date of Interview

USA Journey

02/21/2009: Permanent Resident # Received (Ref: NOA2 of USCIS)

05/2009: POE

##/##/2009: Permanent Resident Card

##/##/2009: SSN

Love must be sincere............Roman 12:9

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I had a request for further information. I have been insanely busy at work, working weekends, travelling etc, and got my dates muddled, resulting in me sending out the further information late.

On the day *I* mailed the evidence, the USCIS mailed a letter to me saying that my petition is considered abandoned and is hereby denied.

It says I now have no residency rights nor right to employment.

However it says the denial is without prejudice to the filing of a new Petition to Remove Conditions on Residence I-751. This confuses me because I apparently am no longer resident.

There are three bases upon which I can appeal and none apply to me.

I am sick with worry and kicking myself after this stupid mistake. Does anyone have any advice?

You need to refile for removal of conditions as soon as possible. Yes you will have to pay all over again and make sure you include all the information that is needed. As soon as you get the new NOA1 with extension for 1 year you will have all the rights you had before.

There is nothing that is more important than your immigration status, Please make this your #1 priority or you will have to leave the US and start your journey from the beginning again outside the US.

Agree with TayRivers. Re-file ROC as soon as possible. Sorry to say that you will have to pay the whole fee again and go back to the end of the line, but at least with the new NOA you will be able to legally work and travel again. Best of Luck to you! :star:

I hear what you're saying and I agree that this is the clear path. What I'm *hoping* for, is based on conversations I had with people and an immigration officer on that horrific day I realized I was late. They said yes, you're late, no, there are no extensions, and yes, please, send the documents anyway as soon as you can.

So I overnighted them.

I am going to hang my hopes on a Monday morning call to the USCIS to see what the deal is.

Other than that, Monday afternoon I'll start a fresh I-751.

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Filed: IR-1/CR-1 Visa Country: India
Timeline
I had a request for further information. I have been insanely busy at work, working weekends, travelling etc, and got my dates muddled, resulting in me sending out the further information late.

On the day *I* mailed the evidence, the USCIS mailed a letter to me saying that my petition is considered abandoned and is hereby denied.

It says I now have no residency rights nor right to employment.

However it says the denial is without prejudice to the filing of a new Petition to Remove Conditions on Residence I-751. This confuses me because I apparently am no longer resident.

There are three bases upon which I can appeal and none apply to me.

I am sick with worry and kicking myself after this stupid mistake. Does anyone have any advice?

You need to refile for removal of conditions as soon as possible. Yes you will have to pay all over again and make sure you include all the information that is needed. As soon as you get the new NOA1 with extension for 1 year you will have all the rights you had before.

There is nothing that is more important than your immigration status, Please make this your #1 priority or you will have to leave the US and start your journey from the beginning again outside the US.

Agree with TayRivers. Re-file ROC as soon as possible. Sorry to say that you will have to pay the whole fee again and go back to the end of the line, but at least with the new NOA you will be able to legally work and travel again. Best of Luck to you! :star:

I hear what you're saying and I agree that this is the clear path. What I'm *hoping* for, is based on conversations I had with people and an immigration officer on that horrific day I realized I was late. They said yes, you're late, no, there are no extensions, and yes, please, send the documents anyway as soon as you can.

So I overnighted them.

I am going to hang my hopes on a Monday morning call to the USCIS to see what the deal is.

Other than that, Monday afternoon I'll start a fresh I-751.

Wish you Good Luck.

Just for info:

www.uscis.gov > Home > Services & Benefits > How Do I Appeal the Denial of My Petition or Application?

*IR-1 Visa* VSC

I-130 (IR-1):

07/22/2008: NOA1

02/17/2009: I-130 NOA2: Approved in 210 days from NOA1 date

I-129F (K-3):

08/11/2008: NOA1

02/17/2009: I-129F NOA2: Approved in 190 days from NOA1 date

<not pursuing I-129F petition further but NVC forwarded case to Consulate on 02/24/2009>

NVC Journey:

02/19/2009: NVC Received/Case number assigned for I-130

02/20/2009: DS-3032 sent by e-mail and 03/04/2009: DS-3032 sent by regular mail

02/26/2009: NVC received DS-3032 Choice of Agent selection

02/26/2009: DS-3032 accepted and AOS Bill Generated but not IV Bill

02/28/2009: AOS Bill Package received in mail

02/28/2009: Paid AOS Bill and IV Bill (as it was available) online

03/03/2009: Both AOS and IV Bill Show as Paid and Coversheet Printed

03/04/2009: Mailed I-864 and IV (DS-230) Packages

03/06/2009: I-864 and IV Packages Received by NVC and Scanned on 03/10/2009

03/13/2009: Case completed at NVC (in 17 working days from date NVC Received)

03/25/2009: Interview date assigned by NVC

US Consulate @ Mumbai, India

04/02/2009: Medical Exam (based on NVC e-mail for interview)

04/13/2009: Interview Packet Received from US Consulate

04/16/2009: Documents submitted at VFS office

[Classified]: Date of Interview

USA Journey

02/21/2009: Permanent Resident # Received (Ref: NOA2 of USCIS)

05/2009: POE

##/##/2009: Permanent Resident Card

##/##/2009: SSN

Love must be sincere............Roman 12:9

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Filed: Citizen (apr) Country: Colombia
Timeline

Federal and state laws, maybe some state laws are good. Besides that strong reminder I had pasted to our refrigerator door, my wife's legal department reminded her that her conditional card was about to expire and what is she going to do about that? They can be fined up to $16,000.00 by our state for hiring an illegal and that is exactly what she would be without applying for the I-751.

Had no idea how complicated immigration is, just happened to meet my soulmate from a foreign country. Couldn't believe how the AOS part was, plus all the proof we needed that our marriage was not fraudulent. But then our IO tells us, since we were not married two years yet, her card would be conditional, and emphasized the importance of renewing it and how she can get deported if we don't. Weren't you told that? She told us about the I-751, that was news to me, but as soon as we got home, downloaded it and read the penalities, and put a big sign on my refrigerator door. That is something you just don't forget to do.

Think you should be fine for now with that I-551 stamp in your current valid passport, one thing you learn about dealing with the USCIS, if you ask ten different people the same identical question, you will get ten different answers, shouldn't be that way, but it is.

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  • 7 years later...
Filed: Timeline

I had a request for further information. I have been insanely busy at work, working weekends, travelling etc, and got my dates muddled, resulting in me sending out the further information late.

On the day *I* mailed the evidence, the USCIS mailed a letter to me saying that my petition is considered abandoned and is hereby denied.

It says I now have no residency rights nor right to employment.

However it says the denial is without prejudice to the filing of a new Petition to Remove Conditions on Residence I-751. This confuses me because I apparently am no longer resident.

There are three bases upon which I can appeal and none apply to me.

I am sick with worry and kicking myself after this stupid mistake. Does anyone have any advice?

In same situation right now. can you update yours please? thx

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In same situation right now. can you update yours please? thx

This thread is 7 years old. I don't think the OP is ever coming back.

Try starting your own thread and maybe someone can help you out.

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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