Requests or Evidence lost?

[Leslie Bahena 0]

Hi!

My fiancée who is an American Citizien filed the K-129 f and since we didn’t hear back from the USCIS ,and it’s been a while (August 27) he called and they said the RFE was sent in February 14th requesting more information about me, but none of us got it. Is it usually sent to the petitioner or the beneficiary? Has anyone gone through similar experiences? 

Our case might be cancelled because the information wasn’t received 😕 

 

Edited April 29, 2019 by Leslie Bahena

[Crazy Cat 41,919]

The RFE would have been sent to the petitioner or attorney.......

[Greenbaum 12,259]

20 minutes ago, Leslie Bahena said:

Hi!

My fiancée who is an American Citizien filed the K-129 f and since we didn’t hear back from the USCIS ,and it’s been a while (August 27) he called and they said the RFE was sent in February 14th requesting more information about me, but none of us got it. Is it usually sent to the petitioner or the beneficiary? Has anyone gone through similar experiences? 

Our case might be cancelled because the information wasn’t received 😕 

 

Q-1 Sent to the petitioner

Q-2 Many have experience this before you

Q-3 When did the RFE say it must be returned?

[Pitaya 2,577]

It seems that your lack of proactivity may have gotten your case into trouble. From your timeline, you filed 8/1/2018, and you got your NOA1 (receipt) on 8/27/17. Then after recently inquiring about status, you learn that an RFE was sent on 2/14/19, that you never received. If I recall correctly, they usually place a "respond by" date on RFEs, which is likely passed by now on 4/29/2019, sixty days after the issuance of the RFE. If your case isn't closed, it will likely be closed soon for non-response to the RFE. It would have been prudent to start inquiring about the status of your case at least by Thanksgiving last year 11/2018, likely earlier. 

 

When you reapply, you should also consider setting up a USCIS online account. That way you can go online and check on the status of your case. Additionally, make sure that you have an address that will reliably receive deliverable mail.

 

https://myaccount.uscis.dhs.gov/users/sign_up

 

You need to be more proactive in managing your immigration journey.  Additionally, it would be nice to know what the RFE was about, so you don't have a similar request again. Good luck.

[Leslie Bahena 0]

9 minutes ago, Greenbaum said:

Q-1 Sent to the petitioner

Q-2 Many have experience this before you

Q-3 When did the RFE say it must be returned?

May 6th

[Greenbaum 12,259]

1 minute ago, Leslie Bahena said:

May 6th

If you get the RFE answered and returned,  your CASE WILL NOT be declined if it is received by 6/6. Don't waste this chance to salvage your application.

[Leslie Bahena 0]

7 minutes ago, Pitaya said:

It seems that your lack of proactivity may have gotten your case into trouble. From your timeline, you filed 8/1/2018, and you got your NOA1 (receipt) on 8/27/17. Then after recently inquiring about status, you learn that an RFE was sent on 2/14/19, that you never received. If I recall correctly, they usually place a "respond by" date on RFEs, which is likely passed by now on 4/29/2019, sixty days after the issuance of the RFE. If your case isn't closed, it will likely be closed soon for non-response to the RFE. It would have been prudent to start inquiring about the status of your case at least by Thanksgiving last year 11/2018, likely earlier. 

 

When you reapply, you should also consider setting up a USCIS online account. That way you can go online and check on the status of your case. Additionally, make sure that you have an address that will reliably receive deliverable mail.

 

https://myaccount.uscis.dhs.gov/users/sign_up

 

You need to be more proactive in managing your immigration journey.  Additionally, it would be nice to know what the RFE was about, so you don't have a similar request again. Good luck.

I understand and I took this precautions: I set up my online account and it still says case received and no change was made after that , even today. I understand this is an extra resource and USCIS isn’t obligated to notify you through this resource. That’s why my fiancée got email notifications set up, and apparently nothing showed there either.

We didn’t inquire about the case before because we were within the case processing time that was extended to April 15th last time I checked. 

[Greenbaum 12,259]

6 minutes ago, Leslie Bahena said:

I understand and I took this precautions: I set up my online account and it still says case received and no change was made after that , even today. I understand this is an extra resource and USCIS isn’t obligated to notify you through this resource. That’s why my fiancée got email notifications set up, and apparently nothing showed there either.

We didn’t inquire about the case before because we were within the case processing time that was extended to April 15th last time I checked. 

On one hand this process is not Rocket Science but on the other hand It takes Rocket Science to know just where you are in the process. The tools given are few and far. The best thing to do is get connected with a thread where others like you are talking about the process which helps you to compare and contrast your timeline.

 

First one that comes to mind is a thread like Month 2019 K-1 Filers and the second is once you receive your NOA2 then the group is Month 2019 K2 NOA2 ----> NVC. You'll find them here: https://www.visajourney.com/forums/forum/128-k-1-fiancee-visa-case-filing-and-progress-reports/

[Pitaya 2,577]

9 minutes ago, Greenbaum said:

If you get the RFE answered and returned,  your CASE WILL NOT be declined if it is received by 6/6. Don't waste this chance to salvage your application.

I am a bit confused. They stated that the noted RFE response date is May 6 (5/6/2019). Is there a one month grace period too?

[Greenbaum 12,259]

22 minutes ago, Pitaya said:

I am a bit confused. They stated that the noted RFE response date is May 6 (5/6/2019). Is there a one month grace period too?

I always thought it was a 60 day response requirement, but nowadays I don't leave much to chance that is why I asked for the RFE response date from their letter. And we saw their response with our own two eyes. If it is right they should be on a mission. If not, then their goose was cooked and they need to reapply.

[Pitaya 2,577]

1 minute ago, Greenbaum said:

I always thought it was a 60 day response requirement, but nowadays I don't leave much to chance that is why I asked for the RFE response date from their letter. And we saw their response with our own two eyes. If it is right they should be on a mission. If not, then their goose was cooked and they need to reapply.

Agree. When I first saw the May 5 date, I thought well maybe, just maybe, they could really hustle, find out the RFE request  and get the response back to USCIS toot sweet and salvage their petition. Not so sure.......😥

[Shiran 1,134]

5 hours ago, Pitaya said:

That way you can go online and check on the status of your case

OP case aside, I would love to live in the world where online status on USCIS sites accurately reflects the case status. (My 129F still shows Received) 

 

My understanding RFE response times were 12 weeks with allowance for mail? 

 

 

[Pitaya 2,577]

14 hours ago, Shiran said:

OP case aside, I would love to live in the world where online status on USCIS sites accurately reflects the case status. (My 129F still shows Received) 

 

My understanding RFE response times were 12 weeks with allowance for mail? 

 

 

In my dealings with USCIS over the years, understanding and reality are often mutually exclusive terms. When we were in the middle of it, I would often think that it would be easier for me to pick the next six lucky lottery numbers, than try to figure out USCIS.  lol...