Hand-delivering RFE response on due date?

[jundc 8]

Hi,

 

My husband (conditional LPR) and I (US citizen) are in a stressful situation this weekend and was hoping some folks here might know the answer to some of our questions.

 

We filed for removal of conditions in September 2021. We got a RFE a few months ago saying that since so much time has passed since we filed that, they want recent evidence that we continue to be married.

 

We stupidly wrote down the wrong due date for the RFE response, and when we went assemble our response packet this weekend, we saw that the due date is actually this Monday (the 3rd, tomorrow). We scrambled as fast as we could on Saturday, but missed the last pick-up for FedEx express/overnight.

 

The RFE says we should send our response to the field office in Portland, OR.

 

We're not super optimistic about this, but our plan at the moment is to drive the couple hours to Portland on Monday, and see if we can drop it off in person. If the guard does not let us do that, we'll ask the guard if couriers are allowed to deliver to the field office and what address they should use. Then we'd call a local same-day local courier in Portland to take the packet from our hands inside the building.

 

So, a couple questions, for anyone who has an idea about one or more:

 

1) Does anyone know whether the Portland field office has any way for people to leave mail in some kind of drop box?

2) Does anyone know whether a local courier would be able to drop something off when we are not?

3) The RFE says "You must send the requested information by mail to the address shown below by July 3, 2023." . Is there a chance they mean that it needs to be postmarked by July 3rd and not necessarily received by then?

4) Somewhat similar to the above, does USCIS ever consider things that arrive a day after the due date?
5) If the removal of conditions application is denied because of this, what happens next? Does my husband need to leave the country immediately? Can we re-apply through an I-130 petition?

 

Thanks for any help/guidance you can provide. This has been an incredible stressful and scary weekend for us.

[igoyougoduke 1,656]

1) No hand delivery cannot be done to USCIS. the only acceptable are Fedex, USPS, UPS mail carriers

2) check this out https://www.uspsconnect.com/local - same day delivery 

3) no the package must be delivered to the address by the due date 

4) no idea what will happen but the risk is they might deny your case

 

[carmel34 3,625]

13 minutes ago, jundc said:

If the removal of conditions application is denied because of this, what happens next? Does my husband need to leave the country immediately? Can we re-apply through an I-130 petition?

Try for same day delivery tomorrow, with UPS/USPS/Fedex.  Keep proof of the same day delivery receipt.  You may be okay.  If they deny the I-751 because of missing the RFE deadline, send a letter to the Portland field office explaining the situation and include the receipt.  If that doesn't work, file a new I-751 package.  Your husband does not need to leave the US, he continues to be a legal permanent resident, only an immigration judge can revoke his status.  No need to start over with I-130.  Good luck!

Edited July 2, 2023 by carmel34

[Crazy Cat 41,844]

4 hours ago, jundc said:

Hi,

 

My husband (conditional LPR) and I (US citizen) are in a stressful situation this weekend and was hoping some folks here might know the answer to some of our questions.

 

We filed for removal of conditions in September 2021. We got a RFE a few months ago saying that since so much time has passed since we filed that, they want recent evidence that we continue to be married.

 

We stupidly wrote down the wrong due date for the RFE response, and when we went assemble our response packet this weekend, we saw that the due date is actually this Monday (the 3rd, tomorrow). We scrambled as fast as we could on Saturday, but missed the last pick-up for FedEx express/overnight.

 

The RFE says we should send our response to the field office in Portland, OR.

 

We're not super optimistic about this, but our plan at the moment is to drive the couple hours to Portland on Monday, and see if we can drop it off in person. If the guard does not let us do that, we'll ask the guard if couriers are allowed to deliver to the field office and what address they should use. Then we'd call a local same-day local courier in Portland to take the packet from our hands inside the building.

 

So, a couple questions, for anyone who has an idea about one or more:

 

1) Does anyone know whether the Portland field office has any way for people to leave mail in some kind of drop box?

2) Does anyone know whether a local courier would be able to drop something off when we are not?

3) The RFE says "You must send the requested information by mail to the address shown below by July 3, 2023." . Is there a chance they mean that it needs to be postmarked by July 3rd and not necessarily received by then?

4) Somewhat similar to the above, does USCIS ever consider things that arrive a day after the due date?
5) If the removal of conditions application is denied because of this, what happens next? Does my husband need to leave the country immediately? Can we re-apply through an I-130 petition?

 

Thanks for any help/guidance you can provide. This has been an incredible stressful and scary weekend for us.

Get the response to carrier asap..and send it same day delivery or overnight delivery.  I doubt there will be any issues...unless your REFE response is insufficient.   Even then, final ROC denials are extremely rare.   The very worst case scenario would be that you get your day in court. 

Edited July 2, 2023 by Crazy Cat

[Family 3,988]

As long as the response is Postmarked before ot on due date, you are fine. A flat rate priority mailing ( after hours at post office  lobby would’ve have been fine 

 

You can also set up online account and upload your packet ..at any time.

[jundc 8]

Thanks for all the helpful responses! 

 

An update: My husband drove to Portland today, and as expected, the guard said they no longer allow people to drop things off in person. The guard was helpful though, and suggested a nearby FedEx where it might be possible to get same-day delivery. (It looks like that USPS same-day delivery is for businesses only)

 

Most importantly, the guard said that for the due date, they look at when it was postmarked, not when it was received. (You're right, @Family) So we've feeling super relieved to hear that.

 

I'll add another update when we get a response from USCIS to share whether this actually worked.

[Family 3,988]

12 hours ago, jundc said:

Most importantly, the guard said that for the due date, they look at when it was postmarked, not when it was received. (You're right, @Family) So we've feeling super relieved to hear that

At least you know your husband will go to the end of the world for you..so look at that effort as a magnificent show of love. 
 

I will humbly point out…I am usually right 😂.

 

Next step for you will be an approval of the I-751 without an interview ( assuming you put together a solid response ) .
 

 

[RamonGomez 271]

USCIS is often liberal with some deadlines as well so you may not even run into any issue.

 

I double checked the RFE we got some time ago and it does say you must "submit by [DATE]", not that USCIS must "receive by [DATE]".

 

I doubt they have a rejection letter ready to go at 12:01am if the RFE isn't on their desk.

[jundc 8]

Update: After mailing our RFE response on the due date (specifically sending it overnight via FedEx from the same city that we needed to send it to), my husband got his removal of conditions application approved and now has his 10 year green card!! 🎉 

 

Thanks all for the reassurances and information! If someone else finds themselves in this stressful situation, know that there is cause for hope.

[TBoneTX 45,273]

45 minutes ago, jundc said:

my husband got his removal of conditions application approved and now has his 10 year green card

Thanks for returning with the happy update.  You must both feel wonderful!

[Ellie_7 103]

@jundc Congratulations! Praise God! Thank you also very much for coming back to update the thread with the results. 

[Crazy Cat 41,844]

6 hours ago, jundc said:

Update: After mailing our RFE response on the due date (specifically sending it overnight via FedEx from the same city that we needed to send it to), my husband got his removal of conditions application approved and now has his 10 year green card!! 🎉 

 

Thanks all for the reassurances and information! If someone else finds themselves in this stressful situation, know that there is cause for hope.

Congratulations!!!  Well done!!!