Can I submit my marriage certificate RFE digitally?

[Artuicune 1]

Hi everyone,

 

I just checked MyUscis and found and RFE in my account for my I-485 petition to AOS from a K1 visa. Unfortunately, I caught it quite late, and their deadline is in 2 weeks.

 

This is the word for word in the RFE: Submit a copy of the marriage certificate between the K-1 applicant, *ME*, and the I-129F petitioner, showing the date of the marriage within 90 days of the K-1’s arrival into the United States.

 

Does a copy mean I can upload it digitally? I also have an extra certified copy that I could send via regular mail, but I am worried about it being processed in time in that case. Does anyone have experience with this specific RFE?

[OldUser 6,979]

Send certified copy with RFE response using UPS / FedEx today with next day delivery.

[K1visaHopeful 2,850]

1. A Photocopy of the original MC or photocopy of the certified copy is the acceptable format. The instructions for any USCIS Form explicitly state to not submit original unless ASKED.

2. RFEs for I485 should be responded to physically by mail as they are paper filed. Remember that POSTMARKED date matters. That is the date considered. 

3. Ensure USCIS has your correct address. Not receiving an RFE by mail when it's going to expire soon is a concern. You can use Ask Emma to confirm your address details on file. If you've moved since filing, an AR11 is legally required to be filed within 10 days (and an I865 for the US Sponsor also).

 

BIGGIE: I'm concerned that you may be misunderstanding this RFE though as if you already submitted a photocopy of the original or photocopy of the certified copy of the MC as required in the instructions, why have you received an RFE?

Did you submit the correct one?

Did your photocopy clearly show the seal? 

Please explain so we can help further. It may not be as straightforward as you've assumed but we may be able to clear it up.

[Artuicune 1]

2 hours ago, K1visaHopeful said:

1. A Photocopy of the original MC or photocopy of the certified copy is the acceptable format. The instructions for any USCIS Form explicitly state to not submit original unless ASKED.

2. RFEs for I485 should be responded to physically by mail as they are paper filed. Remember that POSTMARKED date matters. That is the date considered. 

3. Ensure USCIS has your correct address. Not receiving an RFE by mail when it's going to expire soon is a concern. You can use Ask Emma to confirm your address details on file. If you've moved since filing, an AR11 is legally required to be filed within 10 days (and an I865 for the US Sponsor also).

 

BIGGIE: I'm concerned that you may be misunderstanding this RFE though as if you already submitted a photocopy of the original or photocopy of the certified copy of the MC as required in the instructions, why have you received an RFE?

Did you submit the correct one?

Did your photocopy clearly show the seal? 

Please explain so we can help further. It may not be as straightforward as you've assumed but we may be able to clear it up.

Thank you for your answer. 

 

I submitted AOS in February 2023 with an 'original' certified copy of the marriage certificate, as we got a couple of those on hand for cases like this. Therefore, the seal was cleary present. My only thought is that the certified copy mentions the date of marriage indirectly as "Original certificate issued on 01/13/2023 by Marriage Clerk ... Witness my hand and the seal of said Court this 17th day of January, 2023." Do you think this is not clear enough that the day of the marriage was the 13th?

 

If the RFE should be responded to physically by mail, why do I have the option to answer digitally in the My Uscis portal then? I compiled a new cover letter, the RFE letter, and a copy of both the Marriage Certificate and a Certified Copy thereof, and uploaded this into the portal. I wrote in the cover letter that I would also follow up by sending the same bundle via regular mail to their office local to me (the address they requested was a local field office, not the central office where we submitted our I-485 documents). I hope this way I am thorough enough for either digital or physical requirements, and by stating that the paper copy is coming I hope this will not confuse my caseworker.

[OldUser 6,979]

14 minutes ago, Artuicune said:

If the RFE should be responded to physically by mail, why do I have the option to answer digitally in the My Uscis portal then?

Just like with many things in life, just because you can doesn't mean you should. As an example, I can technically go and purchase a new car today after getting a loan. But whether I should is another question... 

 

If you upload evidence, what confirmation do you get to prove you uploaded it?

 

If later USCIS server lags and erases your upload, how can you prove you replied?

 

If IO decides not to check online uploads since instructions tell you to reply by mail, what whould happen?

 

With mail you can have proof of sending and proof of delivery.

 

Good luck!

[K1visaHopeful 2,850]

40 minutes ago, Artuicune said:

Thank you for your answer. 

 

I submitted AOS in February 2023 with an 'original' certified copy of the marriage certificate, as we got a couple of those on hand for cases like this. Therefore, the seal was cleary present. My only thought is that the certified copy mentions the date of marriage indirectly as "Original certificate issued on 01/13/2023 by Marriage Clerk ... Witness my hand and the seal of said Court this 17th day of January, 2023." Do you think this is not clear enough that the day of the marriage was the 13th?

Could be but if that's how your county clerk issues MCs there isn't much you can do but explain in your mailed RFE response. 

Have you spoken with your CC and asked why they present MCs like that?

Or what the two different dates refer to? Speaking with them may offer you insight on presenting your explanation or they may offer something written or memo'd on their own website for you to share in your RFE.

I too, received an RFE for my MC way back when and it was due to the CC sending me a PHOTOCOPY of the STAMPED MC. I didn't recognize it was a photocopy until after the fact. We'll just say I tore my CC new one. 

 

You could also have a really ####### adjudicator too that is simply picking your case apart because you sent an original and not a photocopy. 

Only your adjudicator could answer that. 

40 minutes ago, Artuicune said:

 

If the RFE should be responded to physically by mail, why do I have the option to answer digitally in the My Uscis portal then?

Able to does not mean eligible to. 

RFEs are generic. 

So is your online account. It's features are available across the board. 

Until USCIS issues proper instructions that state I485s are eligible to respond to RFEs electronically, I stand by my recommendation. 

Also, there are too many things that can go wrong and with this being the do or die stage before NOID, I'd feel better playing it safe. If you use the search bar you'll read some stories for sure. 

40 minutes ago, Artuicune said:

I compiled a new cover letter, the RFE letter, and a copy of both the Marriage Certificate and a Certified Copy thereof, and uploaded this into the portal. I wrote in the cover letter that I would also follow up by sending the same bundle via regular mail to their office local to me (the address they requested was a local field office, not the central office where we submitted our I-485 documents). I hope this way I am thorough enough for either digital or physical requirements, and by stating that the paper copy is coming I hope this will not confuse my caseworker.

Your guess is as good as anyone's. 

 

Two of the exact same docs seems a bit redundant to me though. 

One or the other. The seal or stamp and them being able to see it is sealed or stamped is what counts.

 

Does your original have a S or S?

Photocopy that.

No, it doesn't? Then it's not the original and only a decorative. 

Photocopy the certified copy instead.

I stand by physically making a photocopy only though. You never know how bad of a day your adjudicator is having.

[Artuicune 1]

40 minutes ago, K1visaHopeful said:

Until USCIS issues proper instructions that state I485s are eligible to respond to RFEs electronically, I stand by my recommendation. 

Also, there are too many things that can go wrong and with this being the do or die stage before NOID, I'd feel better playing it safe. If you use the search bar you'll read some stories for sure. 

Alright, I appreciate the input. I have mailed the physical copy out (certified, of course). I assume I have my butt covered by sending in both digital and physical versions of the RFE and evidence. Seems like at least I am close to getting that green card!

 

1 hour ago, OldUser said:

Just like with many things in life, just because you can doesn't mean you should. As an example, I can technically go and purchase a new car today after getting a loan. But whether I should is another question... 

Thanks for the input, although I have to say your statement comes across a little condescending.