RFE Due Jan 2nd

[SRS77 4]

Does anyone know if I over night my RFE response tomorrow (Thursday Dec 30th) if it will be considered late since Friday is a holiday and the CSC office is closed? My due date is Jan 2nd, 2011.

[YuAndDan 153]

USCIS goes by Post Marks, so use the POST OFFICE to send this, NOT FED-EX..

[SRS77 4]

I was planning on using the Post Office and over night express mail. I called the USCIS call center and they told me since Friday is a holiday that it will be late. They consider it received when someone in the office opens the package and stamps it received. I don't necessarily trust them, but that is what they said. Either way I am waiting on one translation of a document that is crucial to my RFE response so I think it is better to chance the deadline, hope the post mark works rather than submit it w/o the translation or not submit this crucial document. We really didn't wait until the last minute we have been scrambling to get these documents everyday this month. Everything in Spain is come back tomorrow, come back tomorrow...STRESS!!!

[jkelly07 120]

like yuanddan said it's post dated on your package,you should be okay. post office stamp

[YuAndDan 153]

like yuanddan said it's post dated on your package,you should be okay. post office stamp

Yep, this was the standard used by USCIS July 2007 when deciding on fee charged for applications, post-mark date determined if one rate or new rate.

[pushbrk 12,824]

Does anyone know if I over night my RFE response tomorrow (Thursday Dec 30th) if it will be considered late since Friday is a holiday and the CSC office is closed? My due date is Jan 2nd, 2011.

You'll notice the wording on your notice is that you are "given until DATE to submit..". That would indicate post marking is sufficient. "We must receive..." would be the wording if it needed to be opened and stamped by that date. Please do report back though so we'll know for certain.

Yep, this was the standard used by USCIS July 2007 when deciding on fee charged for applications, post-mark date determined if one rate or new rate.

My recollection is that for the fee increases, they go by their own receipt date, not the post mark but the 2007 experience should be easy enough to verify right here on VJ.

[JimVaPhuong 4,863]

"Responses are timely filed if they are received by mail no more than three days after the due date, as provided for at 8 CFR 103.5(b) . Extensions of time to submit evidence beyond the 12-week limit for RFEs or the 30-day period for NOIDs are not permitted."

Adjucators Field Manual, chapter 10.5

The post mark will not be relevant. The response must be received by USCIS no more than three days after the due date.

[pushbrk 12,824]

"Responses are timely filed if they are received by mail no more than three days after the due date, as provided for at 8 CFR 103.5(b) . Extensions of time to submit evidence beyond the 12-week limit for RFEs or the 30-day period for NOIDs are not permitted."

Adjucators Field Manual, chapter 10.5

The post mark will not be relevant. The response must be received by USCIS no more than three days after the due date.

With the second being a Sunday and the 3rd a holiday, I suspect they'll be somewhat lenient next week.

[Casprd 167]

Since the due date is the 2nd and you overnight it today then it should arrive monday which is only 1 day past due. If the standard is 3 days (which then throws up the whole on the 3rd day versus 3 days semantics) then you are ok if the package is received monday or tuesday or possibly even wednesday.

[pushbrk 12,824]

Since the due date is the 2nd and you overnight it today then it should arrive monday which is only 1 day past due. If the standard is 3 days (which then throws up the whole on the 3rd day versus 3 days semantics) then you are ok if the package is received monday or tuesday or possibly even wednesday.

No mail will arrive on Monday. It's a holiday. If they rely on a received date stamped on documents after the mail is opened, the date will reflect when the mail room processed the package, not when it was delivered. It will be interesting to hear the result.

[Al422 221]

"Responses are timely filed if they are received by mail no more than three days after the due date, as provided for at 8 CFR 103.5(b) . Extensions of time to submit evidence beyond the 12-week limit for RFEs or the 30-day period for NOIDs are not permitted."

Adjucators Field Manual, chapter 10.5

The post mark will not be relevant. The response must be received by USCIS no more than three days after the due date.

If this is the case, you actually have until Jan 5 (due date of Jan 2 plus 3 days), so you should be good. Post Office express mail will be received by them no later than Tue Jan 4.

Check the USPS website on Jan 4 to make sure it was received. You get the name of the person who signed for it.

[damulag 26]

The Federal Holiday is today, Dec 31st and the USPS mail holiday is tomorrow. There will be mail delivery on Monday.

[SRS77 4]

i ended up not risking it and mailed it overnight on dec 29th so it would arrive in the office dec 30th. the USCIS "customer service" guy was adamant that post marking did not matter and that since CSC was closed fri dec 31st and it needed to be received in their office by the jan 2nd my best option was to mail it so it arrived before the office closed for the holiday weekend. he said i could write a letter explaining why it was late but then it would be at the discretion of the adjudicator. not at all worth the risk i decided. so i rushed and missed the guarantee delivery by 3 minutes but the courier was there and waited for me to finish so he could take it so i knew it would get there even though the post office wasn't guaranteeing it. USCIS sent me a notification email on mon jan 3rd that they had received my response and fri jan 7th at 4pm i got another notification that my petition had been approved. no idea what would have happened had i not mailed it before the holiday. i work very closely w/state governments and the EPA, from my experience no one ever has the same information and websites usually say something different than the people. government agencies and their employees are not to be trusted. if there is a written rule or statement that you can appeal to then i think follow that, do not trust the words of someone on the phone.

[pushbrk 12,824]

i ended up not risking it and mailed it overnight on dec 29th so it would arrive in the office dec 30th. the USCIS "customer service" guy was adamant that post marking did not matter and that since CSC was closed fri dec 31st and it needed to be received in their office by the jan 2nd my best option was to mail it so it arrived before the office closed for the holiday weekend. he said i could write a letter explaining why it was late but then it would be at the discretion of the adjudicator. not at all worth the risk i decided. so i rushed and missed the guarantee delivery by 3 minutes but the courier was there and waited for me to finish so he could take it so i knew it would get there even though the post office wasn't guaranteeing it. USCIS sent me a notification email on mon jan 3rd that they had received my response and fri jan 7th at 4pm i got another notification that my petition had been approved. no idea what would have happened had i not mailed it before the holiday. i work very closely w/state governments and the EPA, from my experience no one ever has the same information and websites usually say something different than the people. government agencies and their employees are not to be trusted. if there is a written rule or statement that you can appeal to then i think follow that, do not trust the words of someone on the phone.

Congratulations.