I-751 DENIED !! :(

[Dave&Roza 748]

Spent the time, money, and energy and refile with all information in the first submittal plus the information requested in the RFE. If you can produce an NOA1 from the re-filing then your status will be waiting for ROC and your GC should be extended for one year with the new NOA1, but re-file ASAP. As others have mentioned, you cut it too close to the due date and the USCIS did not log your RFE submittal before that date and they assumed you abandonded the petition.

Good luck,

Dave

[Dana-Mića 51]

I would call them see if they can give you an extension or try to fix it like that. If not than just re-file again. Regardless I wish you luck with both the removal of conditions and your future baby boy.

[Stephen + Elisha 92]

ok so i just found the receipt.....

acceptance date 11/2/11

11/3/11 so i am guessing they got it on the 4th scheduled date of delivery"

but this one doesnt have the tracking code ...this one is just my information and a stamp...

ok just found the white receipt now it says "SIGNATURE REQUESTED but i never got anything back"

So you found the receipt with the tracking number? When was the package delivered to USCIS? If you can prove that it was in their hands on the 3rd, then you'd have grounds for the motion to re-open/reconsider.

Can the OP simply refile? The letter did say that "This denial is without prejudice to the filing of a new form I-751." There are two problems, though:

1. The letter also said that the permanent residence status was terminated as of the date of the letter. I'm not sure if you can remove conditions from a status that's been terminated.
2. Any new I-751 petition will almost certainly be an untimely filing, as the I-751 must be filed within the 90 days prior to expiration of the conditional green card.

At a minimum, if the OP refiles, the new I-751 will have to include the information requested in the RFE as well as a request to excuse the late filing explaining the circumstances.

Another factor to consider is that the denial may also lead to the beginning of removal proceedings. USCIS may issue a Notice to Appear (NTA), in which case the OP may have to renew the I-751 application before an immigration judge (IJ).

Sounds to me like the OP needs an immigration lawyer.

[mr and mrs 187]

here is the OPs post in reference to the RFE from sept 2011:

U.S Citizenship and immigration services has reviewed your petition to remove conditions on residence FORM I-751 and supporting evidence. Your supporting evidence does not sufficiently establish that you and your spouse entered the marriage in good faith and continue to share a life together. REALLY WTFF??

After sending whole bunch of pictures to them even a picture of her name tatto'ed on my chest pictures of us traveling, plane tickets that we took trips back home. Our apt lease both of our names on the lease. Insurance cards etc.

What the fk do i send these people? I mean my wife is pregnant now i can send the ultra sound picture, these people maybe will believe us that we're living together..

Or should i make a porn tape and send it to them?

[Stephen + Elisha 92]

Even if the OP sent his response the day before it was due, it should have been fine. Per USCIS guidelines:

The regulations state that when an

RFE

is served by mail, the response is timely filed if it is received no more than three

days after the due date. 8 CFR 103.5a(b).

I suspect there's more to this than we've been told. Perhaps the RFE response was sent to the wrong address, or the original RFE form wasn't sent in with the response.

[mr and mrs 187]

5 nov 2011 was a saturday.

6 nov 2011 was a sunday.

even if the RFE arrived at the processing center on the 3rd or the 4th, it is possible that it was logged (aka looked by a human and entered into the system) several days later (1-3).

in any case, the original submission looks to somewhat weak (see first RFE thread by the OP) and he seemed stumped as to what evidence to respond to the RFE with, other than the porn tape. let me take this opportunity to say id LOVE to see the photo of the tattoo though. really.

[fordchev 1]

why dont you appeal? if you sent everything overnight and ask what you can do to fix this error maybe they can give you the precise reason for their denial, dont panic just call and talk to a person... good luck

Read the notice you cant appeal a denial based on abandonment

[adiiann 163]

Just FYI, for important materials like this, ALWAYS mail it CERTIFIED, not only you will have a proof of mailing, you would also get a green post card back to you with whomever signed for it too. That's a double insurance for a little more.

I don't think you need to worry too much, sometimes a day late in the computer can be rationalized with human, and a little extra work as you shouldn't response that RFE that late anyway.

Agree on this one. When I got my RFE letter, 3 days after that I sent my response. I asked for one-day delivery and signature. When I tracked my mail and it said that no authorize person accept the mail, I get worried. So, after 2 days I went to my local post office, to inquire why USCIS didn't receive my package on the expected date. The manager of my local post office call the manager of Laguna Nigel post office and verified what happen to my package as I told her that the package is important immigration documents and it is time sensitive (making sure that I have strong evidence if I need to see court). When she called, she said that USCIS staff picked up packages in their PO Box every few days and when they got a receipt to pick-up my package at the postal office.

So I waited for about 2 more days, and got an electronic copy of signed paper that my package has been picked up.

My RFE is just elaboration of what I originally sent them and tax documents that I didn't send with my application.

[mike42979 57]

ok so i just found the receipt.....

acceptance date 11/2/11

11/3/11 so i am guessing they got it on the 4th scheduled date of delivery"

but this one doesnt have the tracking code ...this one is just my information and a stamp...

ok just found the white receipt now it says "SIGNATURE REQUESTED but i never got anything back"

Call ups tell them your trying to track a package without a tracking # BUT YOU HAVE A RECEIPT AND KNOW THE DATES, THE RECEIPT MIGHT EVEN HAVE A RECEIPT # THEY CAN TRACK. Then tell the name name and address from which it was shipped and where it was going to, November isnt that far back most courier companies are required by law to to keep a paper trail for a certain period of time usually more than a year.

[rlogan 2,036]

This is a good example why one needs to treat important documents with a certain level of respect. When you have a three-month window to file, it makes no sense to send it on the day before it's due. No offense, but being prepared is a huge part of the entire USCIS process, and is generally a major life skill as well.

Excellent response from a dutiful slave of the State: yes, Master: I leap instantly in obedience to your every command, no matter how asinine or redundant or unfair or counterproductive or tyrannical.

In the meantime tens of millions of illegal immigrants smile with the satisfaction that they paid no fees, filed no forms, and bowed down before no man, like a free people. The federal government does not even know their names or their home address - which is the status our country's immigrant founders left to their immigrant posterity: no identification, registration, taxes, etc. Over three million received amnesty green cards in 1986, but many more figured "why bother?" Because it is just too easy to get away with, and once you start obeying by telling them who you are and where you live - now they can come after you.

The respect our forefathers gave to stamp taxes was to burn them and run the stamp officials out of town on a rail. The respect they gave to the soldiers on Lexington Green was to shoot them with longrifles. Look at what they've done to us: they have us shaking in our boots for fear of the slightest paperwork error in a huge mountain of it. My direct immigrant family members filled out no applications to come here, no forms for permanent residency - nothing. They just paid passage on a boat. There was a citizenship requirement, but absolutely nothing prior to that. All these lengthy and expensive multiple steps of temporary status is new, beginning with my parents' generation, and it makes no sense in light of the tens of millions here who do nothing at all except crossing the border. If you were a mon-citizen before that there weren't agents making demands on you under threat of deportation: you just weren't a citizen.

Don't get me wrong, I've complied with it all too, and I bring shame to my ancestors for being such an obedient serf to this government. But the one thing we have resolved ourselves to do is leave. Money is what keeps us here for now, not freedom because what little there is left is vanishing before our eyes.

So I do have compassion for the OP - it's not much of a life learning the "life skills" of a serf.

[lovelyalex 99]

did you send it with signature confirmation (http://www.fpm.iastate.edu/postal_parcel/sidebar_links/USPS_sig_conf.jpg) or did you mean delivery confirmation (http://www.fpm.iastate.edu/postal_parcel/sidebar_links/USPS_deliv_conf.jpg)

The person at the post office was very wrong to let you send you RFE documents by Sig Confirmation, given that that is all it does, give you the signature of who signed for it and when. it does NOT:

Provide Tracking or Tracing of mail items

Expedite mailing, or provide a guaranteed delivery time

And no record of a Signature Confirmation service item is maintained at the office of mailing

Whatever you do, keep your receipt as you may be able to get some kind of letter from the post office to prove that you did your part (albeit far too late) and help them reconsider, if at all possible, your case. You never know, with the birth of your son they might be a bit more lenient on you, after all, no one wants to deport a mother and split up a family!

It says DC in your profile, and DC to VT I would have thought would be one day delivery time if you were lucky... unfortunately we had all that snow up here in New England over Halloween, I expect the postal service could have been affected or those going to work might have been delayed etc. (I know we were).

[mr and mrs 187]

<sprinkles thread disinfectant around>

ahh. that's better.

edit: lovelyalex, hope i didnt get any of my caustic but all natural disinfectant on your post. you are, of course, lovely and helpful. xx.

Edited January 28, 2012 by mr and mrs

[lovelyalex 99]

not sure what I missed mr and mrs!

[mr and mrs 187]

shortly before your considerate post, someone spewed in the thread. musta been an upset tummy, poor soul. just tidying up!

carry on!

[Wyatt's Torch 45]

Excellent response from a dutiful slave of the State: yes, Master: I leap instantly in obedience to your every command, no matter how asinine or redundant or unfair or counterproductive or tyrannical.

Look, it's simple cause and effect. If you pay your phone bill late, they might cut your phone line. And it will be your fault. If you show up late to a court hearing, the judge might find you in contempt. And that will be your fault. If you show up late to an opera performance, they might not let you in. And that will be your fault. If you send your I-751 in at the last possible moment and it arrives there late, that will be your fault too. This isn't about being slaves to the state. This isn't about politics. This is about prioritizing your life. Immigration is not an inherent right, and it shouldn't be treated as such.

I have sympathy for the OP, sure. It's a lousy situation. But at the end of the day, it's one that could easily have been avoided, so my sympathy only goes so far.