RFE not received by USCIS???

[mfaje 0]

Hello! I am hoping someone can advise of what the best course of action is for me. I am here from Canada, entered on a K1 last May and was married shortly after. we submitted the necessary paperwork for my AOS last September, and this May received an RFE. No problem really as they simply requested a copy of our marriage certificate. I would like to point out that we did indeed include the original along with our application as we are supposed to (I took about 3 full copies of the packet we sent in!) but I assumed that somehow it was lost in a shuffle? So, ordered another one and submitted it with the letter we received about 3 weeks later. I called for an update about 90 days after submitting it as this was the timeline given to us to be able to request an update. The officer I finally spoke to said not to worry that if they hadn't received our evidence we would have been notified by mail that our time limit was running out. This is what I had been told before and it made me feel much better again, but this time they proceeded to request an update for us. Today we received a letter stating that they have not yet received our evidence and to make sure that it was submitted on time.... I am panicking as our time is now up!!!!?? We not only definitely had it included in our original packet, but submitted it again as requested in June!

I can't find any very helpful information about this happening and what to do if we are denied. We would be just over the time limit we were given now. The update from the officer did not however say anything about a denial, just to submit the evidence in the time alloted... I am unsure of how to proceed!

In short here are my main panicky questions...

Should we expect to receive a denial, or should we submit yet another certificate?

I believe if we're denied we are meant top reapply for a I485... does this mean I have to leave the country again????

What happens to my employment authorization?? It will expire in 2 months, I have a wondeful full time job and a happy life with my husband!

Thank you so much in advance for any and all thoughts on what we should do.... this has been such a long process, and we have done absolutely everything asked of us in a timely manner and (usually) with a smile on our faces.. we never ever thought something like this could happen. Please help!

[Hypnos 6,578]

Do you have delivery confirmation proving that USCIS received your RFE response?

[mfaje 0]

No we didn't - I called an immigration officer about a month after sending it in and was advised that we would not receive a response for submitting the evidence, that we would simply receive a approval/rejection/or further request for evidence. He also advised to call if we didn't hear anything in 90 days, which I did last week (to ask them to submit a request for an update) and then got this response today saying they didn't receive our evidence at all. Argh!!

EDIT - whoops I see that wasn't what you were asking. No, we sent it via regular mail so no one signed for it and we don't have proof it was sent. I feel like a complete idiot.

Edited September 3, 2014 by mfaje

[Hypnos 6,578]

That's basically what I was driving it; that since you cannot prove it was delivered then it's entirely possible it was lost en route to USCIS in the mail (it's also possible USCIS lost it themselves, and you would be able to demonstrate that if you could show they received it). Unfortunately you will probably now receive a formal denial in the mail, as failure to respond to an RFE makes such a denial automatic. Your employment authorisation (EAD) and travel authorisation (AP) will be revoked at the same time the I-485 is denied.

You would be able to re-file once you had received the denial, and I would strongly urge you to obtain delivery confirmation for absolutely anything you send to USCIS from now on.

Edited September 3, 2014 by Hypnos

[mfaje 0]

I had read on an immigration help site somewhere that we have 30 days to ask for our case to be reopened (not appealed) if it is denied due to being abandoned or missing an interview - do you know anything about that?? And secondly, how much time do people have to reapply for their I485 before they must leave the country? We would obviously reapply as soon as possible, but that $1070 is going to hurt! Thank you so much for your time... this is so awful and confusing, your help is extremely appreciated.

[Hypnos 6,578]

Again, if you could prove that USCIS received your RFE then you would likely be able to use an MTR to get the existing case re-opened because you'd be able to show they received it, and so failing to apply it to your case was their mistake and not yours. Now, that could very well be what happened, but because you didn't have tracking on the package then you have no way of knowing whether it is USCIS' fault or the courier's fault. Certainly you can try an MTR, but you have to show that it was USCIS' mistake. You cannot demonstrate that, so I suspect you'd just receive a denial notice after a year or so, re-affirming the existing decision.

Completely re-filing is usually the cleanest option, but as you say you have to pay the $1,070 over again, and it's not exactly pocket change.

I would imagine you will receive a formal denial of the I-485 in the next month or two, and that will likely order you to depart the US. I'd be wary of filing a second I-485 before the first was actually denied, as there is the potential for them to get mixed up.

You may wish to consult with an experienced immigration attorney to see if there are any other options available to you; I suspect they will simply tell you to re-file, however.

Edited September 3, 2014 by Hypnos