RFE for Late filing (but filed in time)

[MUmerQ 0]

Hi,

 

I applied for removal of conditions on residency for my wife. We got an RFE stating that the filing of i-751 was late. Here are the facts:

 

Conditional GC Expiry date: 11/19/2017

Receipt Date on the I-751 receipt notice:  11/14/2017

 

In the RFE they mention that your form i-751 was filed on 11/21/2017. We also received correspondence from USICS regarding our application last year about the case being transferred to another center. The Receipt Date on that notice is 11/14/2017 as well. Finally, the filing fee was deducted from the bank account on 11/17/2017 (we paid via check).

 

My question is that did I make a mistake? Since from what I know, you have 90 days to file the application before the Conditional GC expires. How should I respond to this RFE? Should I pay a lawyer or do I have enough evidence to tell USCIS that they messed up their dates. I would greatly appreciate your insight. Thanks!

 

Regards,

James

[GBOS 198]

First thing first:

 

The RFE must be responded to, regardless of whether the fact sides with you or USCIS.  You cannot call or visit a local office to resolve RFE.  RFE can only be closed out by the officer who issues it, or by subsequent officers if the file is later transferred internally.  Therefore, the RFE must be responded timely to the issuing Service Center.

 

Second:

 

RFE is specific in terms of what USCIS needs you to do.  In most I-751 cases, it takes over a year for someone to get to the file after it was filed.

 

Assuming that USCIS has misunderstood that you filed I-751 late, and that the RFE requests for your explanation, you should draft a simple one page letter stating the fact you just tell us here with supporting documents (the expired GC and the I-751 receipt date).  Highlight clearly that you have filed prior to the expiration date of the green card and that you believe this is a misunderstanding.

 

If your RFE actually asks for additional evidence for “good faith” marriage, which is a common (standard almost) for most people who have received one, then send any additional evidence you may have.

 

Third:

 

Based on the fact you told us here, it is clearly you are in the right — meaning you filed with 90 days of your 2nd anniversary (aka GC expiration date) and not after.  What generally happens for people who actually file late is, the file MUST include a letter explaning the “good cause” for late filing — serious illness, financial hardship etc. — and most cases are accepted with a short letter scolding the applicants that “USCIS doesn’t have to accept this, but considering your good cause, the Service Center Director has determined that your late filing can be accepted. Blah blah blah.”

[mindthegap 2,590]

A (brief) letter, stating they are incorrect.

Enclose a print of tracking delivery, copy of receipt with date highlighted, and a bank statement showing date the cheque was cashed.

 

It should be done with then, but this is USCIS...🙄

[Sukie 1,464]

I like GBOS's word "misunderstanding" rather than "mistake".  Just state the facts, and add that if there is any further question to let you know and you will respond immediately.

 

Best of luck!

 

Sukie in NY

[WeGuyGal 1,052]

Looks like an oversight on the i751 adjudicator's part.  Respond to the RFE with 

 

1.Copy of the receipt notice

2.Copy of the Transfer notice

3.Copy of the cashed check

4.If available, copy of any USPS/FedEx receipts showing package mailed or received on xx date. 

5.Anything else the RFE asks for. 

[Patsyuchok 17]

On 2/26/2019 at 9:33 PM, JamesQ said:

Hi,

 

I applied for removal of conditions on residency for my wife. We got an RFE stating that the filing of i-751 was late. Here are the facts:

 

Conditional GC Expiry date: 11/19/2017

Receipt Date on the I-751 receipt notice:  11/14/2017

 

In the RFE they mention that your form i-751 was filed on 11/21/2017. We also received correspondence from USICS regarding our application last year about the case being transferred to another center. The Receipt Date on that notice is 11/14/2017 as well. Finally, the filing fee was deducted from the bank account on 11/17/2017 (we paid via check).

 

My question is that did I make a mistake? Since from what I know, you have 90 days to file the application before the Conditional GC expires. How should I respond to this RFE? Should I pay a lawyer or do I have enough evidence to tell USCIS that they messed up their dates. I would greatly appreciate your insight. Thanks!

 

Regards,

James

Hi James,

Could you update on how your RFE process went? We just got the same RFE stating that we filed 70 days late, while in fact we filed 67 days early. Could you let us know what you sent and what was the outcome?

 

thanks!

[Blessed21 141]

Any updates on your case ?