RFE after interview - long post please take time to read

[helzie 0]

My husband came to the US on a k3 visa. We submitted all the documentation for the AOS back in September. Case acknowledged on the online system as pending. Interview letter came in February for April interview. No status update online; still said pending.

After the interview, we got an RFE. It seems that my husband's subject access report was not valid (UK police certs change 1st January 2009). We sent for and paid for a new police certificate, got a letter from New Scotland Yard as well explaining that UK Cautions are not convictions AND submitted a copy of the memorandum of conviction (he has only one conviction) at the same time with a letter confirming that the original document was already submitted, along with the subject access report they would not accept. As the memorandum of conviciton was not stamped, only signed by a court clerk, the person at the infopass appointment asked if I could get a stamped one. I said it was impossible and the discharge information matched EXACTLY on the new, very official looking UK police report that I was turning in at the same time. There should be no question if it was the real thing or not, the only question is if they can find the original in the file.

Instead of sending in everything, we made an infopass appointment and submitted everything then so I didn't have to worry about it not getting there through the mail. The return address for the RFE was the same for the interview place, so I didn't think that would be a problem.

The question I have is the online status has not changed from 8th September. It never listed the biometric appointment, interview, or the RFE. Nothing. How can I get any information that the case is still moving? My husbands license doesn't exactly expire, but it does say check status on 30th May 2009 due to his K3 expiring. We never renewed the K3 because we thought that submitted the paperwork in September would be plenty of time for them to approve the K3. Is he still in status as we are waiting? I doubt he can do anything about his license as they need a visa or green card to remove the status change, but what can we do while we are in immigration limbo/hell? Could he get deported if his k3 has expired but no response from immigration regarding the green card?

I should also add that from the time of the interview until 6th May, when we turned in everything (with plenty of time; we had until 13th May) I sent 4 letters to the immiegration office where we had the interview. One asking for them to find the originals in the file because they were asking for originals again, one asking for more time once I figured out we needed a new UK police certificate, etc. I never received a response at all, even though we actually didn't need more time because by some luck of the great god above, everything we needed from the UK came within two days of requesting it AND during a bank holiday.

I am extrememly frustrated because they seem to have a problem with my husbands record when they didn't at the interview in London. It seems that if we would have just gone the CR1 route and interviewed there, we would have been ok, but now we have to plead for them to ok it here. How can it be ok in one place and not another? If they are so worried about his record, why would they let him in the USA for two years in the first place? He has had no new arrests in about 8 years so there has been no change.

Should we make another infopass appointment? Should I just wait? I really don't know what to do.

Edited May 18, 2009 by helzie

[bantam 0]

CRIS does not update very reliably any more. My case is complete but my I-130 and I-765 still show pending. You should try calling them to check your status.

[Eshansmommy 2]

My case isn't updating either. Last time it was touched, was back in January. We had the interview since then, 2 RFE's but it still says the same. It worries me too, as I check it almost daily.

We went thru the same thing. At the interview, the lady said everything looked good, I just had to bring in a copy of the divorce decree. So then when I was waiting for a response, I suddenly got another RFE in the mail, now about my husband' name change. I brought that in last Monday, and now I'm patiently waiting on a hopefully positive letter in the mail.