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ascendant00

RFE; response preparation and what if denied?

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Filed: Timeline

I have 2 Removal of Condition RFE questions.

1. I know there is or was a section on visa journey that told you how to prepare an RFE repsonse (how to package, address it, ect.) but I cannot seem to find it now. Can someone direct me to it or let me know the process?

2. What if the removal of condition is denied? My wife and I are trying hard to comply with all of the requests, but it is possible we will not have time to comply with everything they have requested in the RFE we were sent. She is cuurently out of the country and by the time she returns we may not be able to get everything that was requested of us in the RFE.

If denied, what becomes of her and her sons status? Can she still work? Will they be deported? I heard we can fight the denail legally with a high rate of success, but what happens in the mean time before a court appeal? Is it some kind of special court for this? What will it cost us? How long will it take? (can you tell I'm nervous yet?)

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Filed: IR-1/CR-1 Visa Country: Senegal
Timeline

Ascendant00? I don't no one in this forum who can tell you what to do or how you would proceed with your RFEs whitout knowing whats in the request they sent you. You should describe them clearly if you expect members who had similar ordeals or who knows the laws can chip in for help...

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Filed: Timeline

My questions are generic in nature ( or I assumed so anyway, I could easily be wrong there), which is why I didn't give specific details, but I do appreciate that people are reading and responding.

Where can one find suggestions on how to package RFE responses?

What happens if removal of conditions are denied?

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Filed: Timeline

My questions are generic in nature ( or I assumed so anyway, I could easily be wrong there), which is why I didn't give specific details, but I do appreciate that people are reading and responding.

Where can one find suggestions on how to package RFE responses?

What happens if removal of conditions are denied?

Sometimes they tell you what they want on the RFE.

I got a RFE. because even tho i sent lots of evidence, most of it did not cover the 2 years, for example I sent bank statements from 2012 and 2013 but not from 2011. They also wanted 2012 tax returns. Nowadays it seems they want to see full bank statements covering the 2 years. A lot of people are getting RFE because of that.

If you file jointly, you will not be denied, worst case scenario you will be waiting and then called for an interview.

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In terms of the practicalities of filing, I would follow the same rules you did when you filed your petition in the first place. Having been on the receiving end of 3 RFEs now :), here is what I do (and will be doing, as I have to send my response to the third one soon):

- The original RFE letter (on the coloured paper, not a copy) MUST be included with your submission. It should be on top of everything else.

- Underneath the RFE, a cover letter stating what your submission relates to (i.e. response to an RFE pertaining to case XXXXX and conditional resident A-XXXXXXXXX), and a list of what is included in the package. Both you and your spouse should sign it, ideally.

- Next comes your evidence. Write or attach a post-it to each document stating exactly what it is.

- Bind all the documentation in the same way you did for your original submission. I followed VJ's advice and used a two-piece fastener (like http://www.staples.com/Economy-2-Piece-Fasteners-8-1-2-Cover-to-Cover-3-1/product_ACC12995) at the top of the page.

- Send it, with delivery confirmation. On the front of the envelope I usually write "NATURE OF SUBMISSION: RESPONSE TO RFE PERTAINING TO XXX"

I have a lot of opinions about USCIS, but the one thing I will give them credit for is that the RFEs are usually extremely detailed in terms of what they need from you. Follow those instructions exactly. Highly unlikely you would be denied at this point (although can't say for certain without knowing what your RFE was for). The only thing that would definitely cause them to deny you is if you fail to respond within the timeline specified on your RFE (usually around 90 days). You say your wife is abroad, but I would suggest doing whatever you can to get that submission in by the deadline. Good luck!

Jess
Forewarned is forearmed


See my Timeline for previous USCIS applications

Lifting Conditions
2/20/2013: Filed
2/25/2013: NOA1

7/5/2013: RFE

8/23/2013: Approved

8/31/2013: GC received

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