Jump to content
irenehanim

Got RFE - USCIS mistake?

By irenehanim in Removing Conditions on Residency General Discussion

 Share

18 posts in this topic

Recommended Posts

irenehanim Apprentice

irenehanim   4

Posted
Filed: K-1 Visa Timeline
Posted

Hi everybody,

Just received RFE:

"Your conditional permanent residence expired on January 29, 2016. Your Form I-751 was filed on November 05, 2015, or 11 months late. Submit a written and signed explanation discussing my failure to file Form I-751 timely along with evidence to support the reasons why this application was filed late."

So, guys,

My GC expired January 29, 2016

My NOA1 is November 05, 2015 and I got an extension letter.

I filed 90 days before the GC expiration date as stipulated by the Law.

I had biometrics done on December 02, 2015.

What is my fault? Where is my mistake?

Already scheduled an infopass this Thursday.

Cannot afford a lawyer, and why would I have a lawyer?

Called USCIS, they say I have to reply to RFE anyway, I guess just by sending my NOA1 to them? Or how else? Any ideas appreciated.

Thanks a lot in advance!

Link to comment
Share on other sites
MsDDD Contributor

MsDDD   7

Posted
Filed: Lift. Cond. (pnd) Timeline
Posted

Unfortunately there is no way to communicate directly except for the phone. Call again, but ask about your status with the number given on the invitation for fingerprints to get information exactly for your case, not common words like "I filed in time and they sent RFE...". When person will answer about status as RFE, Say the day of your GC expiration, read what is written in RFE. What they will say? If this will not help go to infopass.

Sorry about. But this clearly shows that we are at the mercy of human factor, where mistakes are possible and unfortunately we depend on someone.

Link to comment
Share on other sites
EM_Vandaveer Experienced

EM_Vandaveer   2,408

Posted
Filed: Citizen (apr) Country: Hungary
 Timeline
Posted

Write a letter explaining they made a mistake & you filed before your GC expired (bold the numbers for the years). Send that for the RFE. They obviously made a mistake, hopefully they'll realize that.

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Link to comment
Share on other sites
pradobbt Apprentice

pradobbt   1

Posted
Filed: Citizen (apr) Timeline
Posted

Make sure you reply the RFE and explain your timeline. Include copies of your extension letter and bio metric letter to show your point with a copy of your green card. If you call, you will still be required to reply the RFE.

Surely a mistake and hopeful , they will correct it as soon as you send a write up.

Link to comment
Share on other sites
MsDDD Contributor

MsDDD   7

Posted
Filed: Lift. Cond. (pnd) Timeline
Posted

As got here, final approval depends on local office. You write down but first call and go there by feet-likely they will correct all at the local office. Better print it and bring them written. Ask about sending right there. RFE has a long way between cabinets. Local office is always better.

Link to comment
Share on other sites
lucybelle Proficient

lucybelle   453

Posted
Filed: Citizen (apr) Country: Costa Rica
 Timeline
Posted

USCIS makes lots of mistakes. Send in copies of everything and write a very explicit letter detailing where they went wrong and the proof you sent to show that you did remove conditions at the correct time. Highlight things if you need to.

N-400 May 2017 Google Doc

Full timeline- 

 

Filed from abroad- Costa Rica

NOA1- NOA2: 316 days

Jan 12, 2013: Married!!
Mar 19, 2013: NOA1

Jan 28, 2014: I-130 approved

NVC- Green Card in Hand: 189 days

Feb 3, 2014: TSC sends case to NVC
April 14: Real checklist for AOS (saying tax number was incorrect when it wasn't)
April 30: Another AOS checklist, for proof of employment (which was already sent)
May 1: Checklist for IV- certified marriage certificate (even though I sent a certified one originally)
July 1: INTERVIEW!!! - APPROVED!
July 16: POE through Miami
July 22: SSN card in the mail
August 30, 2014: Green card arrives in the mail!!!
 
ROC: 366 days
April 27, 2016: Sent 300 page ROC packet to VSC via overnight mail
May 16: Check shown as charged online, received NOA 1 dated April 29
June 20, 2016- Biometrics
April 28, 2017: Approval
May 4, 2017: Approval letter arrived
May 15, 2017: GC arrives in mail
 
N-400: 190 days
May 8: Sent packet to Dallas Lockbox
May 12: NOA 1, Credit card charged
June 7: Biometrics
June 16: "In line"
Oct 2: Interview letter arrives (online status still says ''in line'')
Oct 31: Interview- Approved!
Nov 13: Oath ceremony!  Applied for passport & registered to vote on site.
Nov 22: Passport arrives (paid for expedited service and overnight delivery)
 
Journey complete! A total of 1701 days or 4 years, 7 months and 26 days.
Link to comment
Share on other sites
nitehero Enthusiast

nitehero   6

Posted
Filed: Citizen (apr) Country: Belize
 Timeline
Posted

lucybelle, thank you. Do you think I should resend all the initial proofs or maybe also add some recent documents and pictures, 6 months is a long period of time...

Contact your congressman or woman, tell them your situation, they'll contact your behalf. The USCIS always act and respond fast when congressional inquiries are made.

AOS from F1 visa
11/09/12, Mailed AOS package (I-130, I-485, I-765) to Chicago lockbox.
11/13/12, Package delivered to Chicago lockbox.
11/16/12, Text & email received for all 3 forms.
11/16/12, I-130 & I-485 checks cashed.
11/22/12, NOAs received for I-130, I-485, I-765.
12/11/12, Biometrics appointment (12/27) NOA received.
12/12/12, Successful Walk-in biometrics @ Varick Street Manhattan ASC.
12/18/12, Online case status available (I130-initial review; I1765-initial review; I485-testing and interview)
01/14/13, Notice of EAD approval via text & email.
01/22/13, EAD received.
03/24/13, Online status notification for interview April 30th.
04/30/13, Interview @ Federal plaza, NYC. No decision, pending background check
07/10/13, Day 244 Approved (after a very long wait)

07/18/13 Green Card in hand

ROC

04//14/15 Mailed ROC package (I-751) to Vermont Service Center

05/08/15 Received receipt notice dated 04/16/15

03/22/16 Approved (after 11.5 months)

N400

05//24/16 Mailed N400 package USCIS (Dallas)

12/05/2017 Interview notice arrived

01/03/2017 Interview completed

03/03/2017 Oath Ceremony

Link to comment
Share on other sites
quitepainful Enthusiast

quitepainful   56

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

Contact your congressman or woman, tell them your situation, they'll contact your behalf. The USCIS always act and respond fast when congressional inquiries are made.

not always...


Link to comment
Share on other sites
nitehero Enthusiast

nitehero   6

Posted
Filed: Citizen (apr) Country: Belize
 Timeline
Posted

not always...

Well in this case it will. This is clearly an inept error made by USCIS, they'll respond quickly to a congressional inquiry, especially when they see that they mess up

AOS from F1 visa
11/09/12, Mailed AOS package (I-130, I-485, I-765) to Chicago lockbox.
11/13/12, Package delivered to Chicago lockbox.
11/16/12, Text & email received for all 3 forms.
11/16/12, I-130 & I-485 checks cashed.
11/22/12, NOAs received for I-130, I-485, I-765.
12/11/12, Biometrics appointment (12/27) NOA received.
12/12/12, Successful Walk-in biometrics @ Varick Street Manhattan ASC.
12/18/12, Online case status available (I130-initial review; I1765-initial review; I485-testing and interview)
01/14/13, Notice of EAD approval via text & email.
01/22/13, EAD received.
03/24/13, Online status notification for interview April 30th.
04/30/13, Interview @ Federal plaza, NYC. No decision, pending background check
07/10/13, Day 244 Approved (after a very long wait)

07/18/13 Green Card in hand

ROC

04//14/15 Mailed ROC package (I-751) to Vermont Service Center

05/08/15 Received receipt notice dated 04/16/15

03/22/16 Approved (after 11.5 months)

N400

05//24/16 Mailed N400 package USCIS (Dallas)

12/05/2017 Interview notice arrived

01/03/2017 Interview completed

03/03/2017 Oath Ceremony

Link to comment
Share on other sites
irenehanim Apprentice

irenehanim   4

Posted
Filed: K-1 Visa Timeline
  • Author
Posted

At infopass the immigration officer admitted the error. I was told to call 1-800 number and make an electronic inquiry then reply in writing to the RFE.

I can also come 30 days before NOA1 expiration date and have my pass stamped. I just hope it will not take that long :(

Link to comment
Share on other sites
MsDDD Contributor

MsDDD   7

Posted
Filed: Lift. Cond. (pnd) Timeline
Posted

I do not think it will take that long. If you reply the RFE with a good explanation you should be fine.

What means "good explanation" in this case? Almost like try to prove that you are human not giraffe.Explain people to wear glasses if they need it or think about these whom's life depends on their decision?

Link to comment
Share on other sites
pradobbt Apprentice

pradobbt   1

Posted
Filed: Citizen (apr) Timeline
Posted

The mistake was so stupid. You just have to point out the stupidity for them in a polite way

If i were you, i will respond by

stating the date you got your green card (attach copy of green card -exhibit A) , the date your application was received should be on your notice of action (exhibit B),date you did your biometrics ( exhibit c) attach all these documents and let them know they made an error issuing the RFE based on the dates you filed and you filed within the acceptable timeline.

Even though his life is dependent on the issue if he does not send a response to clarify the issue, it will complicate things for him more.

No matter the additional steps you take to rectify the issue, just make sure you respond to the RFE within the required timeframe

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...