RFE with 18 categories?

[rogerj 0]

We applied for AOS in January, patiently waited until now for approval. However, now we have a RFE requiring 18 categories of documents. Some of these I understand, some I really don't, and some I don't have. We were wondering if this is unique to our application, or if others have been subjected to such requirements. Briefly some I "wonder" about:

1. Copy of wife's (applicant) drivers license. (She does not have a license, and Georgia will not issue one until she receives green card or 531 stamp. Which came first, the chicken or the egg?).

2. Copy of my drivers license (requested in three separate sections of the 18... Why 3 times, do they think it will change?)

3. Copies of her utility bills. (I have lived in current home 23 years, she is not on the utilities. Is this a problem?)

4. Copies of joint bank account information. (See 1. above, bank will not add her to account without license or state issued ID)

5. Copies of three most recent (not last 3 months) of ALL credit card statements for her, me, and joint. (She is now authorized on the three cards that I use regularly, but I have inactive accounts that have not been utilized for many months, and the card issuers will not provide statements except for current ones, old statements shredded...)

6. Photos of wedding & celebration with friends and family. (We had a simple civil ceremony between Christmas and New Year, family had other plans for holidays, so no one attended)

7. New complete I-864. (did they lose the massive packet I submitted in January?)

I understand some of the remaining items, photo of us with current front page of newspaper, letters from both stating our initial attraction to each other, statements of intent to continue pursuit of relationship, etc.

Any insight or suggestions appreciated.

[Darnell 8,479]

wow. sounds severe.

Any prior divorce(s) on you? You might not be 'unlinked' financially somewhere, some joint account still active. If USCIS 'found' this, via the namechecks, then this type of 'response' makes sense to me.

re: responding. yup - give them what they ask for.

it is possible to get her added onto a bank account, you'll have to train the bank manager a bit about exactly what forms of ID are covered in the Patriot Act (which is what their ID policies are loosely based on).

utility bills - pardon, should have covered that immediately when she got here. just in case it's asked for . Takes some wrangling to do, but is possible.

----

personally, I think something was 'off' in yer casefile submittal, OR you've gotten a really pesky adjudicator, who is looking at the 'removal of conditions' guidelines instead of the 'adjustment of status' guidelines. The things yer listing here, are more focused and required of a 'removal of conditions' case.

At this point - I suggest -

call into USCIS, get a human.

Once you have a human, ask for 'Immigration Specialist' then explain that the RFE you received, 7 months after filing, smells of 'ROC' guidelines and not 'AOS' guidelines, and ask that some oversight be done on the adjudicator, to make sure he's using the proper guidelines of the proper casefile type for adjudication.

Be prepared for a 5 to 6 day battle, via telephone, with this. You won't get 'the answer' immediately, even when talking to an 'Immigration Specialist' but at least they'll get the ball rolling on exactly where the failure point is. Be prepared to explain yerself, and make this query, daily, until an Immigration Specialist says, 'We've logged the inquiry, the XYZ office is looking into it' .

----

The more I think about this, the more I am leaning towards wrong 'adjudication type' decision made by the adjudicator at USCIS. I suggest for today, that you send off (with a COPY of the RFE barcoded response letter) a simple postal letter, asking to have the 'adjudication type' re-evaluated, as the things that USCIS is asking for are more indicative of a ROC case, rather than a AOS case.

Then (since USCIS is pig-dog slow and stupid) - send off the same letter each day for 5 days (remembering to include a photocopy of the RFE barcoded letter thingie) . 5 letters of the same thing, over 5 days, should be sufficient enough to 'shock' someone else there at USCIS, to 're-evaluate adjudication type'.

----

In the meantime, sure, gather the evidence, make those phone calls, be prepared to submit a big pile - but don't submit it this week. Keep focused on making those phone calls, sending out the brief postal letter, daily.

Good Luck !

Edited August 18, 2010 by Darnell

[Inky 1,111]

I dont know if this is something possible but, would you maybe be able to get a letter from the judge who married you? or anyone else that was present in the court when you married? I know its not pictures but maybe a letter attesting that there was someone present even if it was someone from the courts or from the judge might help.

[Darnell 8,479]

-----

Sample 'send-off' letter

-----

George R. Jones, III

123 Anywhere Lane

Jetsonville, IL 32232

Telephone #

Fax #

Email Address

USCIS

DEPT XYZ (from the RFE letter)

(follow address from RFE letter)

Date:

RE: Adjustment of Status casefile, Receipt # MNC2010-232323-2

{Wifes Name)

Dear Sirs -

I am in receipt of the attached RFE letter, and wanted to inquire if the adjudicator has chosen the proper adjudication guidelines for our case. The items requested (see attached) are normally submitted and reviewed for a Removal of Conditions Case.

This is not a 'Removal of Conditions' Case - this is an 'Adjustment of Status' case, and I am aware that the adjudication guidelines are different.

Please review the casefile, please let me know, via email, telephone, or fax, if you agree with me, that the 'adjudication type' chosen by the USCIS adjudication staffer, is wrong, or not. In my opinion, it's wrong, and I ask for oversight to review the USCIS adjudication staffer's choice of adjudication guidelines.

Respectfully submitted,

[signature]

George R. Jones III

[Dakine10 5,452]

We applied for AOS in January, patiently waited until now for approval. However, now we have a RFE requiring 18 categories of documents. Some of these I understand, some I really don't, and some I don't have. We were wondering if this is unique to our application, or if others have been subjected to such requirements. Briefly some I "wonder" about:

1. Copy of wife's (applicant) drivers license. (She does not have a license, and Georgia will not issue one until she receives green card or 531 stamp. Which came first, the chicken or the egg?).

2. Copy of my drivers license (requested in three separate sections of the 18... Why 3 times, do they think it will change?)

3. Copies of her utility bills. (I have lived in current home 23 years, she is not on the utilities. Is this a problem?)

4. Copies of joint bank account information. (See 1. above, bank will not add her to account without license or state issued ID)

5. Copies of three most recent (not last 3 months) of ALL credit card statements for her, me, and joint. (She is now authorized on the three cards that I use regularly, but I have inactive accounts that have not been utilized for many months, and the card issuers will not provide statements except for current ones, old statements shredded...)

6. Photos of wedding & celebration with friends and family. (We had a simple civil ceremony between Christmas and New Year, family had other plans for holidays, so no one attended)

7. New complete I-864. (did they lose the massive packet I submitted in January?)

I understand some of the remaining items, photo of us with current front page of newspaper, letters from both stating our initial attraction to each other, statements of intent to continue pursuit of relationship, etc.

Any insight or suggestions appreciated.

It almost sounds like they lost your file.

The list of documents they are asking for sounds as if they don't have any supporting evidence at all.

[seanyb719 1]

It almost sounds like they lost your file.

The list of documents they are asking for sounds as if they don't have any supporting evidence at all.

hmmm sounds extreme to me also. I'd also include in the letter explanations of exactly why you can;t get hold of some of these documents. I mean.. if you can't get a driving licence until the green card there is nothing you can do.. I'm sure they would understand that

[VanessaTony 3,567]

I would personally schedule an Infopass because I agree with Darnell, they're requesting documents not usually requested for an AOS case... its like they think you should have filed an I-130 or are applying for ROC.

Here's the link to schedule an infopass: https://infopass.uscis.gov/info_en.php

You could also call the 1800 number and ask to speak to an immigration officer...

Your RFE doesn't sound right at all...

[JimVaPhuong 4,863]

It sounds like some severe conflicting information came up in the background checks. Case of identity theft, perhaps?

[baron555 934]

It almost sounds like they lost your file.

The list of documents they are asking for sounds as if they don't have any supporting evidence at all.

I didn't send all that stuff with out AOS petition and she was approved even with no interview approved. Sounds fishy.

INFOPASS for sure.

[Darnell 8,479]

hey rogerj - any news?

[rogerj 0]

We went to our infopass appointment yesterday morning. The lady there was most helpful. I asked many questions and was given (I hope) good straight answers.

In a nutshell, she explained that all documents were scanned into the "system" upon receipt. However, the official signed originals are required (at some point). She theorized that maybe these originals were not available to the correct person at this time (so the need for new forms and documents). As for the list of documents not normally needed for AOS, she would make no comment except to "provide what we have", and provide an explanaiton for the ones we do not have. She asked if I had the document that Georgia Drivers Services gave me showing the "required" documentation for license or ID issuance? Of course I do, so she said to include it (with the marking from the person at DDS) in our statement explaining why my wife has no license (besides the fact that she has never driven a motor vehicle). Utility bills, now on electic bill with documentation; bank account, now have joint account and documentation; credit cards, my wife is on the 3 active cards now. 3 diffenent requests for my drivers license; she stated that the "system" has elecronic check points to initiate the RFE categories, and that drivers license is in more than one of these categories, so duplicity, not stupidity.

For those of you that have any knowledge of our case (Darnell especially), we submitted I-864 based on assets and cash. She indicated that although this is technically correct, the new I-864 request "may" have been triggered during their investigation process since I am now employed full time. Not a problem with me, since my salary is adequate.

Overall, she said not to worry that many people have to "explain" why documents are not available, since not everyone has a license, joint accounts, or even big wedding ceremonies. She said that the bottom line is "are we in a bona fide relationship that can be proven", and "can I support my wife finiancially".

Thanks to everyone.

[Darnell 8,479]

Hey Roger - my apologies for not following up sooner -

but

I read yer embassy review today, for the 2nd time,

and was wondering IF anything put in the casefile then, on interview day,

triggered any of this silliness on the AOS ?

I hope that's not the case, really.

Hey - any recent news, this month or week?

Hang in there - I sense you two will be fine, even with all of this f@#$ing silliness from USCIS.

[rogerj 0]

I read yer embassy review today, for the 2nd time,

and was wondering IF anything put in the casefile then, on interview day,

triggered any of this silliness on the AOS ?

Darnell,

Thanks again! As for recent news, we submitted a packet with about 400 printed pages of documents two weeks ago, with not response yet. We submitted a copy of every document as requested, if available. We did not even state "see other copy" of multiple requested documents like my driver license, W-2's and income tax records. We actually sent 3 copies of several sets of documents and four copies of two sets, since they were specifically requested on multiple lines of the RFE.

Darnell, I know you have seen all of the "stuff" we experienced so far. Remember, I had to return from China after moving there last year, to obtain "certified" police and court records since our case fell under the IMBRA rules. You also may remember that my arrests were so ancient that there were no official documents available, except for one court copy. Then we had the issue in Guangzhou with her "official notarized" birth certificate, returned to Changsha and had the white folder "redone", returned to Guangzhou only to be told that it still was not adequate, then having the Guangzhou notarial office finally change ONE WORD, and it was accepted (expensive).

So to answer your question, I really don't know. All I do know is that now I finally understand why so many people circumvent the legal process of immigration. Our process simply makes it too difficult for most people to succeed!

Thanks again!

Roger

[Darnell 8,479]

Roger - one thing I've learned recently,

is the existence and proper title of

an Immigration Service Officer at USCIS Hotline.

see http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm#5

One of the major things that 'struck me' is that an ISO is able to handle many issues that are 'handle-able' at any infopass appointment.

IMO, when you call in again to check any status with USCIS, ask for an ISO, they can actually review 'stuff' in the casefile.

Hang In There !

Edited September 21, 2010 by Darnell

[rogerj 0]

Great news! Green card received in the mail over the weekend.

I am somewhat confused though. Our RFE packet was delivered to CSC on Friday, Sept 10. Green card was printed on Wednesday, Sept 15. Online check of status on Monday, Sept 20 showed waiting on RFE. Saturday, Sept 25 green card delivered to home with issue date of 09/15. Monday, Sept 27 notice arrived stating that on Sept 20, her application was approved and that a green card will be issued and should arrive within 3 weeks.

Can anyone shed any wisdom on this???