Stupidest RFE in immigration history!

[Anvi 5]

As you all are already aware, our case received an RFE on 4-23-13.

The RFE says there is an omitted item on question 3 in part C:

"If you have privded information about a conviction for a crime listed above and you were being battered or subjected to extreme cruelty by your spouse, parent, or adult child at the time of your conviction, check all of the following that apply to you:

___ I was acting in self-defense.

___ I violated a protection order issued for my own protection.

___ I committed, was arrested for, was convicted of, or plead guilty to committing a crime that did not result in serious bodily injury, and there was a connection between the crime committed and my having been battered or subjected to extreme cruelty."

Obviously, none of these apply to me, and they only had boxes available to check in.

I did not check any of the boxes. The RFE was that I should have written N/A even though it wasn't an option and there was no space to write it!

Sent it back today with N/A just written after the question. Hopefully it will be resolved soon!

Thanks everybody for your help!

I got same RFE, I forgot to say Yes or NO to question Part C #2. If you say Yes to part 2 then you have to answer question 3 othwerwise. Ok.

[Navid+Tina 3]

Yes, that's what I had thought... That is a different story then. Just to make this clear again to others: If you answer "no" to question #2, you do not have to check anything in question #3. You can leave it blank. That is what we did, and we got approved without any RFE's.

i think it depends on who checks you.

If they are strict, i don think it matters if you answered No to question 2. It is still N/A.

That is so frustrating for you. i'm so confused now. We are about to finalise our forms. Should we be writing N/A even though it is only a tick box and none of them apply to us??

I think you should put N/A regardless, to be safe. It definitely does not hurt because "N/A" means "Not applicable"!!!

[Bugs 455]

Ok, yes, I agree ... none of the questions apply to you and there is no room to put N/A and I think the adjudicating officer was just being WAY too picky! I am so sorry you have to go through the RFE process.

But it does ease my mind because a bunch of others in this thread (including me) answered no to #2 and were starting to think we'd get RFEs too. Not that it's any better for you, but maybe we can calm down a little!

My sympathies and best of luck on getting a speedy approval!

Thanks for sorting this out. He had us all worried there for a second lol.

[ddkorestin 10]

whao, thats unblelivably time wasted. sorry bro

[dd215 9]

Not trying to be debbie downer here, but since you did answer in the affirmative to question 2, your responses to question 3 DO become relevant. You simply cannot leave them blank if none apply. You must indicate N/A. A non response can be interpreted either way. You have to indicate Not Applicable. It sucks that you would need an immigration attorney to fill out the form, but this is one of those cases, especially since apparently you had a previous legal issue involving a former gf. You definitely need to make sure you dot ALL the I's and cross ALL the T's. You might run your form by a lawyer before you send it back in. Good luck to you!

Edited April 28, 2013 by dd215

[Navid+Tina 3]

Not trying to be debbie downer here, but since you did answer in the affirmative to question 2, your responses to question 3 DO become relevant. You simply cannot leave them blank if none apply. You must indicate N/A. A non response can be interpreted either way. You have to indicate Not Applicable. It sucks that you would need an immigration attorney to fill out the form, but this is one of those cases, especially since apparently you had a previous legal issue involving a former gf. You definitely need to make sure you dot ALL the I's and cross ALL the T's. You might run your form by a lawyer before you send it back in. Good luck to you!

But there is no space to write N/A, and it says "Check all that apply". In this country, whenever a form says this, it means you can leave them blank if none of them apply to you! None of them applied to me so I didn't check any of them. If it's N/A for me, it's N/A for anyone who said "no" on question 2 also.

[Arinlars 19]

My fiance wrote on the RFE #1 NONE #2 No and #3 He wrote n/a Just to be sure. Should we write a letter explaining that he forgot to write all that down at the I-129f form? He said he doesn't want to it looks suspicious and wrong

[Navid+Tina 3]

Hmm, I am not really sure about that!

Our case was updated today. They "touched" us on USCIS, and changed our status to:

Request for Evidence Response Review

On April 29, 2013, we received your response to our request for evidence. This case is being processed at our CALIFORNIA SERVICE CENTER location.

They say they will respond within 60 days. Are we going to be approved soon or what guys??!!

[Arinlars 19]

I don't know. When you get approved tell me!! We send it yesterday

[Navid+Tina 3]

How long are they going to review the case? Still no updates today. Is there a large pile of RFE cases???

[Navid+Tina 3]

Still nothing guys, Has anyone who got a RFE around the same time as me, or a little earlier heard anything yet?

[Oregon Bound 30]

It can easily take a month or more to review an RFE.

My fiance hasn't even managed to mail out our response yet.

[Teddy-KGB 1]

Give it 2-3 weeks for an RFE to be processed. It can easily take up to 60 days for it to go through. I just got an update from them as well requesting an RFE and I went back and looked at the forms and sure as hell forgot to answer question #2 in Part C. F*****!!!! Mad as hell!!! I will write N/A as well for question #3.

[Navid+Tina 3]

Wow, well we still havnt gotten the NOA2 yet... :/

We wont be denied though right?

[Robb&Ann 101]

Wow, well we still havnt gotten the NOA2 yet... :/

We wont be denied though right?

It depends.

It is possible to get more than 1 RFE. Its rare but possible.

It is also possible to be denied. Also rare but possible.

An RFE is exactly that, request for evidence. Just because you give evidence does not guarantee it is enough or matched other information they may see.

While your petition is in the initial review status they start background checks on both the petitioner and beneficiary. Any red flags are indented then when the petition is reviewed RFEs can be issued. RFEs allow you to explain or fill in gaps that they may not be aware of. Most RFEs are simple stuff, not enough evidence of relationship, forgot to sign something, mistake in the paperwork.

Is there anything they could find that might cause them to deny your petition? If so, and they find it without you being upfront about it, they wont view that in a positive light. WHATEVER YOU DO NEVER LIE OR TRY TO HIDE INFORMATION FROM USCIS. If not then you should be fine.

Edited May 12, 2013 by Robb&Ann