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Response to RFE delayed - Would case be denied ?

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YoloTrustMe Rookie

YoloTrustMe   1

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The deadline to send response to RFE for I-751 was today. I sent the documents last week with UPS overnight shipping and but UPS messed up the delivery which was supposed to be completed last week. However the package was delivered it today. I am not able to get hold of someone from USCIS to confirm if they received my documents. The delivery status from UPS says "Delivered - Left at dock". I am worried if USICS would be consider my documents received on time or not ?

The RFE document which I received mentioned if USCIC does not receive my response by deadline, the case would be denied .

 

Please share your experiences.

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da95826 Rising Star

da95826   387

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Filed: Citizen (apr) Country: Iran
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Looks like you will be all good, receipt of the RFE is on the due date.

 

In addition USCIS has automatically extended the effective due date on RFE due to COVID by 60 days throughout the year. A late RFE response will not be an issue for you either way. 

 

https://www.aila.org/infonet/uscis-extends-flexibility-for-responding

https://www.nolo.com/legal-updates/received-rfe-noid-or-nois-from-uscis-in-march-2020-you-might-have-extra-time-to-reply.html

 

K1 Visa Arrived USA July 2017

Married August 2017

AOS Approved July 2018

 

Filed for i751 joint application May 2020

Fingerprints reused October 2020, and February 2021 and June 2021 (Yes 3 fingerprint notices)

Case move to National Benefits Center December 2020 for quicker processing from California Service Center

Oct 2021 out of processing time inquiry made, response May 5th 2022 that our i751 case will be addressed at our n400 interview

Combo interview May 16th 2022, in Sacramento

Approved June 08, 2022

 

Filed for Naturalization May 2021

Fingerprints reused May 2021

Combo interview May 16th 2022, in Sacramento, 

Approved June 08, 2022

Oath Ceremony completed June 29th 2022

 

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YoloTrustMe Rookie

YoloTrustMe   1

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1 hour ago, da95826 said:

Looks like you will be all good, receipt of the RFE is on the due date.

 

In addition USCIS has automatically extended the effective due date on RFE due to COVID by 60 days throughout the year. A late RFE response will not be an issue for you either way. 

 

https://www.aila.org/infonet/uscis-extends-flexibility-for-responding

https://www.nolo.com/legal-updates/received-rfe-noid-or-nois-from-uscis-in-march-2020-you-might-have-extra-time-to-reply.html

 

Thank you for the info. This has relieved my stress. Earlier this extension was only for RFE  issues until June 2020 , mine was issued in July , so i was not sure.

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mindthegap Experienced

mindthegap   2,590

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Filed: Lift. Cond. (pnd) Country: United Kingdom
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Covid extension should be in effect.

 

I’d be more concerned about the ‘left at dock’ thing.

Without exception all of my packages have been sent to USCIS via UPS or Fedex for security, and they have always been signed for by a human (the same name appeared as well).

 

Worst case if you can’t confirm receipt in a week or so consider re-sending a duplicate package again.

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

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  • 4 months later...
manoj2256 Newbie

manoj2256   0

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On 10/19/2020 at 4:36 PM, YoloTrustMe said:

Thank you for the info. This has relieved my stress. Earlier this extension was only for RFE  issues until June 2020 , mine was issued in July , so i was not sure.

Hi OP..so did you get a response on time? I too used UPS to send RFE response documents. UPS site says delivered, received by some person and left at dock. Should I be worried?

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  • 9 months later...
Socrate Rookie

Socrate   0

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On 10/19/2020 at 1:31 PM, YoloTrustMe said:

The deadline to send response to RFE for I-751 was today. I sent the documents last week with UPS overnight shipping and but UPS messed up the delivery which was supposed to be completed last week. However the package was delivered it today. I am not able to get hold of someone from USCIS to confirm if they received my documents. The delivery status from UPS says "Delivered - Left at dock". I am worried if USICS would be consider my documents received on time or not ?

The RFE document which I received mentioned if USCIC does not receive my response by deadline, the case would be denied .

 

Please share your experiences.

Finally did you get approve?

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