Can they ask for RFE at the 5th month ?????

[The Clown 1]

Hello all !!! Just wondering about my case witch will be 5 months in 15 more days my question is.... Can USCIS come now and ask for RFE after soooooo long ?????? I am very much hoping to get my NOA2 and not a RFE after all this wait ! Thanks

[Stefanni K 2]

of course they can, i got RFE after waiting almost 5 months, if i am not mistaken,they sent me RFE was on my 145 days waiting from noa1's date...

Edited December 8, 2010 by Setefanni

[Casprd 167]

I was about 10 days after my 5 months when we got an RFE. They can send one at any time. Remember, just because they have had the file for 5 months doesn't mean they have actually looked at it yet. It only takes a short time for USCIS to actually process everything. Most of the time is spent in the queue waiting.

[A&M=L 0]

Oh an YES THEY CAN!! We got out RFE notification yesterday as email and our 5 month mark would have been this Sunday!

[canadian_wife 1,822]

Oh yes, we got our RFE about 3 weeks before our NOA approval which was at the 6 month mark

Keep in mind that when you submit your petition, no one looks at it, it sits on a shelf until someone picks it up to look at it to determine if there is any missing information. No one has looked at your petition yet, so it is natural that the RFE will come after 'so long'.

Good luck

[Gary and Alla 3,694]

Hello all !!! Just wondering about my case witch will be 5 months in 15 more days my question is.... Can USCIS come now and ask for RFE after soooooo long ?????? I am very much hoping to get my NOA2 and not a RFE after all this wait ! Thanks

Yes they can

[Kimchimex 8]

To everyone who got these dreaded RFE...at the almost 5 month mark, any of you mind sharing what the RFE's were for so the rest of us can sleep better at night? (or go into a panic if we have forgotten some of the same things! )

[canadian_wife 1,822]

Ours was for our marriage licence...not applicable to a K-1

However, getting the RFE after the 5 month mark happened to us

Good luck

[Stefanni K 2]

Ours asked for :

1. letter intent (have no clue why they asked for this, both of our letter of intent included on initial petition)

2. circumstance of meeting

3. circumstance of last personal meeting

4. proof of having met within last 2 years

[KiwiBird 132]

Yea, they generally ask for RFE's after they start processing the case.. and sometimes that's after the 5 month mark. It's unfortunate, but it happens.

Though, hopefully they'll start moving faster. A bunch of people got their NOA2's yesterday, so we do know they are at least moving along.

[The Clown 1]

Thank you all for your help !!! I filed through an immigration lawyer and she did not file the intent of marriage letter she said was not needed !! I hope I do not get an RFE after this long wait !

[baron555 934]

Hello all !!! Just wondering about my case witch will be 5 months in 15 more days my question is.... Can USCIS come now and ask for RFE after soooooo long ?????? I am very much hoping to get my NOA2 and not a RFE after all this wait ! Thanks

Sure most cases are only adjucated in a matter of days. During the previous 5 months they may have spilled coffee on your file and had to move it to another desk, so one can get a touch, but usually they are only working on other cases and yours is just sitting in a box awaiting to be worked on.

Yes they have that much of a backlog.

[Gary and Alla 3,694]

To everyone who got these dreaded RFE...at the almost 5 month mark, any of you mind sharing what the RFE's were for so the rest of us can sleep better at night? (or go into a panic if we have forgotten some of the same things! )

There is only so much you can worry about. You only have to prove...

1. Petitioner is a US citizen (for K-1)

2. Both are free to marry

3. Both intend to marry

4. You have met in person within the last two years

Plus a filled out G-325a and a passport photo

That's it. If you provided adequate evidence of those things, you are good to go. That is all that is required for the petition and they will not ask you for something that isn't required.

[Gary and Alla 3,694]

Thank you all for your help !!! I filed through an immigration lawyer and she did not file the intent of marriage letter she said was not needed !! I hope I do not get an RFE after this long wait !

You certainly can. They haven't looked at your file yet if you have neither an approval or an RFE. It is not like they work and work and pass it around to committees. ONE person does the adjudication, it takes about 20 minutes. If there is a problem or a question, they may kick it up to a supervisor, but otherwise it gets reviewed in a few minutes time and then tossed into either the RFE or the approved pile. A clean backgroud check, for example takes about 30 seconds. If there is a problem it will get sent for a manual check, and you will see a "touch" (never figured out why people think a "touch" is a good thing) a clean petition never gets a "touch" once assigned unless it gets reassigned for some reason. It sits in a pile until it is reviewed and then approved or gets an RFE

You have exactly the same chance of an RFE at 5 months as you do at 5 weeks. If the information and documents you provided are adequate then your chances of an RFE are -0- (barring mistakes, they do occasionally make mistakes)

[Michelle+Starlin 0]

So who can we talk to when we call USCIS to see if they have taken another look at our application? I hate not knowing anything at all for such a long period of time. We should be able to demand more information?!!

You certainly can. They haven't looked at your file yet if you have neither an approval or an RFE. It is not like they work and work and pass it around to committees. ONE person does the adjudication, it takes about 20 minutes. If there is a problem or a question, they may kick it up to a supervisor, but otherwise it gets reviewed in a few minutes time and then tossed into either the RFE or the approved pile. A clean backgroud check, for example takes about 30 seconds. If there is a problem it will get sent for a manual check, and you will see a "touch" (never figured out why people think a "touch" is a good thing) a clean petition never gets a "touch" once assigned unless it gets reassigned for some reason. It sits in a pile until it is reviewed and then approved or gets an RFE

You have exactly the same chance of an RFE at 5 months as you do at 5 weeks. If the information and documents you provided are adequate then your chances of an RFE are -0- (barring mistakes, they do occasionally make mistakes)

So who can we talk to when we call USCIS to see if they have taken another look at our application? I hate not knowing anything at all for such a long period of time. We should be able to demand more information?!!