RFE for Affidavit of Support was cancelled.

[Jules_FP 1]

Hi, I wanted to share my recent experience when filing my I-485 to adjust status from K-1.

 

My (now) wife and I were living in Chile just before Covid happened. We were forced to be separated due to goverment lockdowns and general tyranny.

 

After obtaining my K-1, we got married in August 2021 and filed my I-485 in September 2021. We were very thorough with our Affidavit of Support, as my wife's 2020 tax returns were below the poverty line from having worked only half of the year in the US. We provided recent pay stubs, a signed official letter from her employer, showing that her income was about +40k/year.

 

In November 2021 I received a RFE, they rejected her as a sponsor for earning below the poverty line.

Following many issues, we failed to get a joint sponsor for many months. Finally, we found a very generous new friend who volunteered and agreed to sponsor us. We sent our paperwork at the end of March 2022.

 

Four days after submitting our RFE response with a joint sponsor, I saw the following message in my USCIS online account: "We have cancelled the request for additional evidence for your Form I-485, Application to Register Permanent Residence or Adjust Status." Shortly after, our interview was scheduled.

During the interview, which went very well, the officer approved us on the spot. I seized the opportunity and showed him the online account screenshot, and he went ahead and checked our case through their internal system.

 

He confirmed my suspicions: The RFE was entirely disregarded, our original I-864 Affidavit of support, filed with the I485 package, was the one that was approved. I know this because he read: "Affidavit was approved from paystubs". We did not submit pay stubs from our joint sponsor as he is a business owner and did not have any.

 

There you go, the rusty gears of government bureaucrats are very... interesting. Attached is my case history from USCIS online.

 

 

 

[K1visaHopeful 2,814]

That never happens.

Especially since you responded to the RFE far too late and would have likely received an NOID way before March if your RFE was issued in November and you didn't respond until March.

Likely an internal issue where your case was set aside/lost and picked up much later.

[Jules_FP 1]

On 5/5/2022 at 6:35 AM, K1visaHopeful said:

That never happens.

It literally happened in my case, see the atachment picture.

 

On 5/5/2022 at 6:35 AM, K1visaHopeful said:

Especially since you responded to the RFE far too late and would have likely received an NOID way before March if your RFE was issued in November and you didn't respond until March.

We are under covid exceptions and can submit RFE responses up to 60 calendar days after the original due date. see attached screenshot.

 

Cheers.

 

[K1visaHopeful 2,814]

1 hour ago, Jules_FP said:

It literally happened in my case, see the atachment picture.

 

We are under covid exceptions and can submit RFE responses up to 60 calendar days after the original due date. see attached screenshot.

 

Cheers.

 

Sorry,  I'm not comprehending?

Nov 2nd, 2021 to "the end of March" 2022 is beyond the stated 60 days.

How were the RFE reply fulfilled in time (60 days) according to that timeline?

Remember, others are reading who may not know to question it if such an assumption was made.

Edited May 6, 2022 by K1visaHopeful

[Jules_FP 1]

1 hour ago, K1visaHopeful said:

Sorry,  I'm not comprehending?

Nov 2nd, 2021 to "the end of March" 2022 is beyond the stated 60 days.

How were the RFE reply fulfilled in time (60 days) according to that timeline?

Remember, others are reading who may not know to question it if such an assumption was made.

Sure, if you read the USCIS notice it says "...60 calendar days after the due date set forth in the request or notice".

 

My RFE was dated November 2. The due date for responding was January 28. You usually get almost 3 months to reply to these requests.

 

The USCIS covid memo allowed for 60+ calendar dates after that due date, which makes the new due date March 28.

 

Let me know I can help you comprehend further.

[Chancy 6,241]

*** Moved from AOS from K1 Visas forum to AOS Progress Reports ***

 

[K1visaHopeful 2,814]

44 minutes ago, Jules_FP said:

Let me know I can help you comprehend further.

Sure!

 

So leaving your case to sit and wait you to respond to RFE and then realizing your original I864 was acceptable isn't what happened?

 

On 5/5/2022 at 8:35 AM, K1visaHopeful said:

Likely an internal issue where your case was set aside/lost and picked up much later.

 

[Jules_FP 1]

4 minutes ago, K1visaHopeful said:

Sure!

 

So leaving your case to sit and wait you to respond to RFE and then realizing your original I864 was acceptable isn't what happened?

 

 

Correct 🙂

RFE indicated my original Affidavit of support was rejected. I responded to RFE. RFE was cancelled. Affidavit approved without the joint sponsor.