AOS RFE Missed 87 Days

[yasser989 0]

Hello guys, good luck to all who are in the process.

I need some help,

I recieved a RFE for my wifes AOS dated august 10 2011 ont he RFE Notice and it was for failure to provide all supporting tax docments, and forgot to mail the paperwork. I did however mail the paperwork today November 11, 2011. The notice states 87 days. It is now about 89 or 91 days. I did ship it overnight but they will recieve it on November 14, 2011 because of veterans day.

Questions:

1) Is the application going to be denied? (Basically how strict are they, im only a couple of days late)

2) If they deny the application will i have to pay the AOS fee again?

Thank you for any help.

[yasser989 0]

UPDATE:

I checked the case status page on USCIS's website and it still shows the RFE status, so i hope it has not been denied yet!!!!!!!!

[Enigma11561 336]

I cannot answer your questions, but do have one of my own. Why the heck did you wait 3 months before "remembering" you had a wife waiting to adjust status? Most people would have been on this the next day! Was there a specific issue that took this amount of time to complete? I hope they are lenient on the late part.

[NancyNguyen 1,657]

Well I guess they will ask for an excuse when you have the interview. If they had denied the application, then it would have been a denial notice not a reminder. You got my prayer for you. Good luck.

[yasser989 0]

I cannot answer your questions, but do have one of my own. Why the heck did you wait 3 months before "remembering" you had a wife waiting to adjust status? Most people would have been on this the next day! Was there a specific issue that took this amount of time to complete? I hope they are lenient on the late part.

Thank you for responding, to be honest, i just messed up i had the paperwork all set and done but it me alot of time to get my paystubs from my previous job and then i just dont know why i didnt send it in, i had the packet and another copy ready but just never sent it in, i really lost track of time.

[yasser989 0]

Well I guess they will ask for an excuse when you have the interview. If they had denied the application, then it would have been a denial notice not a reminder. You got my prayer for you. Good luck.

Thank you for your wishes. I needed it right now.

Does anyone know the answer to my questions?

[ceadsearc 516]

Normally if an RFE isn't answered within the requisite time period your application will be denied without prejudice meaning you can refile or submit a motion to reopen.

[Moomin 292]

Thank you for responding, to be honest, i just messed up i had the paperwork all set and done but it me alot of time to get my paystubs from my previous job and then i just dont know why i didnt send it in, i had the packet and another copy ready but just never sent it in, i really lost track of time.

Taxdocuments = tax return?

Just hope and pray they will accept the delay but there's no guarantee. If the RFE response is not accepted they will most likely make a decision based only on the the original documents you submitted.

[yasser989 0]

UPDATE:

So i was searching and found this from USCIS PDF Document.

1. Summary

In a significant change, the final rule clearly requires applicants and petitioners to file complete applications with all supporting initial evidence. In addition, USCIS will have the option to deny incomplete applications, though it will exercise this option judiciously.

The final rule permits USCIS to assign flexible times for applicants and petitioners to respond to a Request for Evidence (RFE) or to a Notice of Intent to Deny (NOID). The rule removes the fixed time of 12 weeks to respond to an RFE.

The maximum response time for an RFE continues to be 12 weeks and 30 days for a NOID. The rule precludes extensions of time to submit evidence beyond the 12-week maximum limit for

2

RFEs or the 30-day maximum limit for NOIDs, or beyond a shorter response time set by USCIS. The rule modifies when USCIS must issue an RFE or NOID before denying an application or petition. Nonetheless, the rule does not eliminate the general requirement that a petitioner or applicant be provided with the opportunity to review and rebut derogatory information of which he or she is unaware.

The significant amendments to the RFE process appear in 8 CFR 103.2(b)(8), (b)(11), and (b)(13), revised Chapters 10.5(a), (b), and new Appendix 10-9 of the Adjudicator’s Field Manual (AFM).

Source : http://www.uscis.gov/USCIS/Laws%20and%20Regulations/Memoranda/June%202007/RFEFinalRule060107.pdf

So according to this new policy that took effect i should be recieving a NOID Notice before they deny my application. Correct?

[VanessaTony 3,567]

So according to this new policy that took effect i should be recieving a NOID Notice before they deny my application. Correct?

Nope. That means that they have to at least inform you that you're missing a document or that your info is insufficient and may be denied. They can't just deny you for not including something, they have to RFE you for it. If your income isn't enough they can NOID you.

Failure to respond to an RFE results in denial. They MIGHT let you slide by being a couple of days late... only time will tell.

If you ARE denied you have to do it all over again. This means that if her medical is expired now you'll need to do another one and pay the fee again.

[Zen Den 18]

Hello guys, good luck to all who are in the process.

I need some help,

I recieved a RFE for my wifes AOS dated august 10 2011 ont he RFE Notice and it was for failure to provide all supporting tax docments, and forgot to mail the paperwork. I did however mail the paperwork today November 11, 2011. The notice states 87 days. It is now about 89 or 91 days. I did ship it overnight but they will recieve it on November 14, 2011 because of veterans day.

Questions:

1) Is the application going to be denied? (Basically how strict are they, im only a couple of days late)

2) If they deny the application will i have to pay the AOS fee again?

Thank you for any help.

1) not automatically for being late (did you send ALL CORRECT docs asked for?)

2) yes when you reapply, because fees are non refundable.

pray pray pray that the person who has your case has a heart and will be considerate =)

[NY_BX 397]

Thank you for responding, to be honest, i just messed up i had the paperwork all set and done but it me alot of time to get my paystubs from my previous job and then i just dont know why i didnt send it in, i had the packet and another copy ready but just never sent it in, i really lost track of time.

If I was your spouse, I'd be incredibly angry. That said, I hope they do accept it, not for your irresponsibility, but for your partner's sake.

[paojack 41]

I cannot answer your questions, but do have one of my own. Why the heck did you wait 3 months before "remembering" you had a wife waiting to adjust status? Most people would have been on this the next day! Was there a specific issue that took this amount of time to complete? I hope they are lenient on the late part.

totally agree. So did you spouse never happen to 'remember' either???.... Weird, I am adjusting status too and I think about it every day, hard to forget something as important as this...

Good luck, hopefully they will still accept it!

[yasser989 0]

totally agree. So did you spouse never happen to 'remember' either???.... Weird, I am adjusting status too and I think about it every day, hard to forget something as important as this...

Good luck, hopefully they will still accept it!

We were both occupied because we moved from New York, i almost got fired from job, so had to quit to get another job, got another job then got promoted at other job, moved for new job. Had a miscarriage in the middle somewhere, and she is pregnant again, so in all of this it was very easy to forget since we didn't think of it as important, my wife is a housewife so she doesn't need to go anywhere, i take her wherever she needs to go like getting the groceries and stuff. Nor does she want to work and i don't want her to work either. So AOS was useless, but now we want to travel so it has become important. Anyways... Thank you all for helping and answering my questions. Also thanks to those that have yelled at me and wished me luck, it shows you guys care for another VJer.

[c_cta 0]

We were both occupied because we moved from New York, i almost got fired from job, so had to quit to get another job, got another job then got promoted at other job, moved for new job. Had a miscarriage in the middle somewhere, and she is pregnant again, so in all of this it was very easy to forget since we didn't think of it as important, my wife is a housewife so she doesn't need to go anywhere, i take her wherever she needs to go like getting the groceries and stuff. Nor does she want to work and i don't want her to work either. So AOS was useless, but now we want to travel so it has become important. Anyways... Thank you all for helping and answering my questions. Also thanks to those that have yelled at me and wished me luck, it shows you guys care for another VJer.

Do you have any updates? I'm in the same situation right now .

Thanks