RFE response will arrive one day late...

[Kristi&Luigi 157]

Hey guys so my RFE notice is March 11 and they gave me 87 days to respond.

 

The exact act wording is: 

“You must send the requested information by mail to the address shown below within 87 days. 

 

You must submit all of the requested evidence at one time. If you submit only part of the evidence, we will make a decision based on the evidence that you submit.  We will not consider any evidence that is submitted after the due date. If you do not respond to this request by the date shown above, we will deny your case.” 

 

The thing is I’ve had some intense struggles and didn’t get to complete the documents until now. The problem is, the package is shipped within the 87 days but will arrive 1 day late... technically the evidence is submitted prior to the due date, so should it be fine?  I read a lot of people saying about a 3 days grace period. Is this true? Or am I as good as denied now? 

 

Also when you count the 87 days do you start from March 11 or 12? 

 

Has anyone had success submitting late? You 

Edited June 5, 2019 by Kristi&Luigi

[gregcrs2 1,778]

31 minutes ago, Kristi&Luigi said:

Hey guys so my RFE notice is March 11 and they gave me 87 days to respond.

 

The exact act wording is: 

“You must send the requested information by mail to the address shown below within 87 days. 

 

You must submit all of the requested evidence at one time. If you submit only part of the evidence, we will make a decision based on the evidence that you submit.  We will not consider any evidence that is submitted after the due date. If you do not respond to this request by the date shown above, we will deny your case.” 

 

The thing is I’ve had some intense struggles and didn’t get to complete the documents until now. The problem is, the package is shipped within the 87 days but will arrive 1 day late... technically the evidence is submitted prior to the due date, so should it be fine?  I read a lot of people saying about a 3 days grace period. Is this true? Or am I as good as denied now? 

 

Also when you count the 87 days do you start from March 11 or 12? 

 

Has anyone had success submitting late? You 

Unfortunately, the thing is USCIS does not care about your intense struggles.  It's going to be up to the adjudicator if any grace period will be given.  I also heard some people were given a grace period and some were not.  So there is no way to give you any reassurance.  You will find out soon enough.  Hopefully you have a Plan B if it does not go your way.  Good Luck!  Also, 87 days starts from the notice date so it is due June 6th.

Edited June 5, 2019 by gregcrs2

[Matrix13 131]

32 minutes ago, Kristi&Luigi said:

The problem is, the package is shipped within the 87 days but will arrive 1 day late...

87 days from March 11 is July 6. Assuming you have sent it overnight delivery, you will meet the deadline.

[Kristi&Luigi 157]

1 hour ago, gregcrs2 said:

Unfortunately, the thing is USCIS does not care about your intense struggles.  It's going to be up to the adjudicator if any grace period will be given.  I also heard some people were given a grace period and some were not.  So there is no way to give you any reassurance.  You will find out soon enough.  Hopefully you have a Plan B if it does not go your way.  Good Luck!  Also, 87 days starts from the notice date so it is due June 6th.

 

56 minutes ago, Matrix13 said:

87 days from March 11 is July 6. Assuming you have sent it overnight delivery, you will meet the deadline.

 I sent it overnight delivery but it won’t go out until tomorrow (on the 5th) because it was after hours and will arrive on the 6th. So then I should be fine? I thought deadline was on the 5th for some reason. This makes me really happy. 

 

Edit: By after hours I mean the truck had already left out for the 5th day deliveries. 

Edited June 5, 2019 by Kristi&Luigi

[geowrian 22,337]

1 hour ago, Kristi&Luigi said:

The problem is, the package is shipped within the 87 days but will arrive 1 day late... technically the evidence is submitted prior to the due date, so should it be fine?

Assuming the 5th is the last day they intended as the due date (I didn't run the numbers to confirm that it's the 6th or not), that's the last day that they are required to consider the new evidence. It doesn't mean they won't accept the RFE, just that that they may or may not still accept it.

 

The date submitted is when it is actually received by USCIS. When it was mailed does not count. See https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-1067/0-0-0-1095.html.

Emphasis in bold.

Quote

Since in-coming mail often contains fees, the in-coming mail room is a secure area, with access limited to specified personnel. Mail should be opened the same day it is received. When this is not possible, arrangements must be made to record the actual date on which the mail is received from the post office or private courier so that the receipt date can later be recorded on the application or petition itself. The receipt date is important to ensure fair, chronological processing and to enable efficient c ase tracking. Most importantly, the receipt date may be critically important in determining an applicant’s legal eligibility for a particular benefit. It is important that all mail be opened; fees removed, logged and deposited; and initial data entry completed as soon as possible.

 

[Kristi&Luigi 157]

4 minutes ago, geowrian said:

Assuming the 5th is the last day they intended as the due date (I didn't run the numbers to confirm that it's the 6th or not), that's the last day that they are required to consider the new evidence. It doesn't mean they won't accept the RFE, just that that they may or may not still accept it.

 

The date submitted is when it is actually received by USCIS. When it was mailed does not count. See https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-1067/0-0-0-1095.html.

Emphasis in bold.

 

Thanks for all the info. I read somewhere that 12 weeks is the time they usually give but that’s 84 days not 87. So it sounds like my timeframe already includes the grace days. That’s why I am panicking. 

[Lemonslice 4,841]

You can also set the funds aside and make sure you're ready to file AOS - if ever your documents are considered late, be ready to refile in a day or two. 

[payxibka 10,045]

5 hours ago, Matrix13 said:

87 days from March 11 is July 6. Assuming you have sent it overnight delivery, you will meet the deadline.

New math?

[Matrix13 131]

1 hour ago, payxibka said:

New math?

 

Actually, old math. From around the year 45 BC. March 11 is Julian day 70. Add the 87 day USCIS deadline to get the sum of 157. Julian day 157 falls on June 6 (on non leap years).

[payxibka 10,045]

1 minute ago, Matrix13 said:

 

Actually, old math. From around the year 45 BC. March 11 is Julian day 70. Add the 87 day USCIS deadline to get the sum of 157. Julian day 157 falls on June 6 (on non leap years).

I think someone needs to look back at a previous post.   June is correct not July as previously posted 

[Matrix13 131]

25 minutes ago, payxibka said:

I think someone needs to look back at a previous post.   June is correct not July as previously posted 

#######. Yes. Good catch. I did not mean July in my earlier post. Thanks for keeping me on my toes.

[Kristi&Luigi 157]

24 minutes ago, Matrix13 said:

#######. Yes. Good catch. I did not mean July in my earlier post. Thanks for keeping me on my toes.

I knew what you meant. But it’s good to clarify for future readers. 

 

if I start counting calendar days from March 11 2019, day 87 is the 5th of June with March 11 being day 1. so it’s definitely the 5th of June? No? 

 

Should it not be day 70 plus 86? -1 for first day? 

Edited June 5, 2019 by Kristi&Luigi

[Cryssiekins 976]

17 hours ago, Kristi&Luigi said:

Thanks for all the info. I read somewhere that 12 weeks is the time they usually give but that’s 84 days not 87. So it sounds like my timeframe already includes the grace days. That’s why I am panicking. 

 

11 hours ago, Kristi&Luigi said:

I knew what you meant. But it’s good to clarify for future readers. 

 

if I start counting calendar days from March 11 2019, day 87 is the 5th of June with March 11 being day 1. so it’s definitely the 5th of June? No? 

 

Should it not be day 70 plus 86? -1 for first day? 

If you count 12 weeks from Monday March 11, it brings you to Monday June 3.  That’s 84 days, plus 3 bring you to Thursday June 6 (87 days). 

[Kristi&Luigi 157]

13 hours ago, Cryssiekins said:

 

If you count 12 weeks from Monday March 11, it brings you to Monday June 3.  That’s 84 days, plus 3 bring you to Thursday June 6 (87 days). 

But aren’t you counting an extra Monday that would fall under another week (13) when you go from Monday to Monday? I’m really not helping out my own case here 😅😭

[Kristi&Luigi 157]

This would be a good question on a math exam 🤔