RFE for I-944 Form

[madala 32]

Hi,

I am wondering if any of you have experienced this situation. My AOS application was mailed before the deadline of Feb 25 - when the new rule was implemented - and I have proof from the post office with tracking number. However, I received a RFE asking me to complete the form and attach the documentation. Some people told me to just do it, as most of the documentation are not hard to get.

but honestly, my finance hasn't been great since I came here, unable to work for more than 10 months, no health insurance...these will impact me, if taken into account. (I never received any assistance, fyi). I would like to reply to the RFE with the documents that I have, add the proof that this rule doesn't apply in my case, and notify my area congressman in the meantime.

 

So, if anyone has seem a similar case, I would like to share experience because I don't want to make the agent mad at me, and delay my case for perpetuity...(feel like I am living in a dictatorship, where I have to kiss everybody's ### for something I am allowed to have).

 

thought?

[DeleteMePlease123 91]

They probably received/processed it after February 25 which is why you received a RFE.

[madala 32]

Just now, Spookie said:

They probably received/processed it after February 25 which is why you received a RFE.

Their website says that "Postmark date must be before Feb 25"; mine is the 22th, unless if we have a different definition for "postmark".

[Crazy Cat 41,888]

22 minutes ago, madala said:

Their website says that "Postmark date must be before Feb 25"; mine is the 22th, unless if we have a different definition for "postmark".

Technically, your application does not require the I-944.  

[madala 32]

21 minutes ago, Lucky Cat said:

Technically, your application does not require the I-944.  

Nonetheless, I will still reply with the proofs that I have

[Crazy Cat 41,888]

Just now, madala said:

Nonetheless, I will still reply with the proofs that I have

Are you submitting the I-944?

[madala 32]

1 minute ago, Lucky Cat said:

Are you submitting the I-944?

I feel certainly conflicted, but I want to complete and send it with proof that the rule doesn't apply to me.

[E_pluribus_unum 73]

This is my two cents

 

USCIS officers are human and they can overlook things and make errors too. I have seen threads where people receive an RFE for things they already sent or were not required to send and they simply followed up with a signed letter explaining where the evidence can be found or why they were not required to send it. 

You could print out where it says that any applications postmarked prior to February 25 would not need to submit the I-944, attach a signed letter, and attach the proof showing the postmark date. It could be that the USCIS officer simply overlooked this information. 

[PackersGn 2]

I’m in the same boat as you my lawyer had just file the new i485 and put a letter attach with the receipts showing it was postmarked before February 24th. 

[Allaboutwaiting 2,503]

12 hours ago, madala said:

I would like to reply to the RFE with the documents that I have, add the proof that this rule doesn't apply in my case, and notify my area congressman in the meantime.

I think sending both the I-944 with the documents you have and the letter indicating that you shouldn't be required to send it -including evidence that you filed on time- is a good idea. 

I'm not sure about the benefits of notifying your congressman. 

Edited June 16, 2020 by Allaboutwaiting