Does the 87 days reset when USCIS receives requested evidence?

[Cardinal6669 10]

When we sent back the information USCIS asked for in the RFE there was only a few days left on the 87 day response time.

If we get another RFE (here's hoping we won't) will that mean we are screwed, or will they give us more time to respond to that one?

[kris&me 572]

Only if the information is not complete when you respond to RFE

They can ask for futher information to prove your situation

[Cardinal6669 10]

Only if the information is not complete when you respond to RFE

They can ask for futher information to prove your situation

What do you mean by that?

We responded by giving them our tax return information for the most recent year.

Does this mean if we are missing anything else in the AOS package they will send another rfe and it will have 87 days on it?

Or is it only if they require more tax information?

[Hypnos 6,578]

Usually you only get one bite of the cherry when it comes to an RFE. If your response to their RFE is deficient, or you fail to respond, usually a denial will follow.

A very generous adjudicator may give you another chance, but most won't.

[KayDeeCee 4,896]

There have been people with multiple RFEs. Don't ever count on getting another chance when replying to one though. IF you got another RFE for something else, then it would have its own timeline in which to respond.

[Cardinal6669 10]

Well that kind of makes me feel a little better. I am confident the stuff we just sent them in response to our RFE was sound.

If we get enough RFE for another issue at least the time limit will be reset. We can then deal with that.

I am deadly afraid of being deported due to running out of time with an RFE since our response was so damn close to the deadline.

It would destroy our lives we have build here. I couldn't imagine being away from my wife again. It makes me depressed thinking about it.

Edited December 13, 2015 by Cardinal6669

[Hypnos 6,578]

Worst case scenario: you would have to re-file your I-485 and start from scratch.

Deportation is highly unlikely.

[Cardinal6669 10]

Worst case scenario: you would have to re-file your I-485 and start from scratch.

Deportation is highly unlikely.

Really?

Would I be out of legal status though?

[Hypnos 6,578]

Until you filed the second I-485, yes.

[Cardinal6669 10]

Until you filed the second I-485, yes.

Oh I see, so the faster I can resubmit it, the faster I aim still protected under the law.

How long does it take for the immigration goon squad to try and deport you?

[Hypnos 6,578]

It would probably be a few months from a potential denial of your I-485 until you received a Notice To Appear in immigration court. It could even be longer than that; immigration courts nationwide are incredibly backlogged right now, with hearing schedules stretching into 2017-2018 as a matter of course.

The point is that you would likely have more than enough time to re-file another I-485 should that become necessary, prior to ICE sending you nastygrams in the mail.

[kris&me 572]

If the tax return was frim IRS, then ok

Someone i know sent in a copy of their return marked "not for filing taxes " stamped on it / that was not accepted

So, if you have gotten tax transcript from IRS you are fine

As for sending it in, i hope you sent overnight / they do go by the date you sent

And about the 87 days, you should receive a notice ( letter or email) saying RFE evidence received, allow 30, 60 or 60 business days for then to review

It is says K1 here, so what are you really applying for as some mention AOS and you talk of deportation?

Best to you

Edited December 13, 2015 by kris&me

[Cardinal6669 10]

Yes it was everything from most recent year from IRS.

We sent it express and they received it. It says on USCIS case status they received it. Now we are just waiting.

We did the k-1 process, and then got married, now we are doing the AOS process for my greencard.

I will get deported if they deny my case for any reason because I won't be on k-1 status anymore, and I won't have a greencard. Right?

I don't know why they would deny us, but we already got 1 RFE, makes me scared there might be other problems with our application.

[KayDeeCee 4,896]

It is says K1 here, so what are you really applying for as some mention AOS and you talk of deportation?

Best to you

This is the AOS from family based visas(K) forum. They have filed for AOS, adjusting from a K-1.

[Cardinal6669 10]

It would probably be a few months from a potential denial of your I-485 until you received a Notice To Appear in immigration court. It could even be longer than that; immigration courts nationwide are incredibly backlogged right now, with hearing schedules stretching into 2017-2018 as a matter of course.

The point is that you would likely have more than enough time to re-file another I-485 should that become necessary, prior to ICE sending you nastygrams in the mail.

Would USCIS accept it since I would be out of status?

I don't know what my status is now, but I came here through k-1 visa and we got married and submitted AOS