RFE Details

Big Brother

Registered Users (C)
Got a long RFE from BCIS asking the following:

Self:
1. Additional affidavit from a adult person (21 years of age) at the time of my birth to attest how he knows me, how he knows about my birth and me, when and where I was born and names of my parents. This person need not be my relative or citizen of USA.
2. Employment history, Title, Duties, Requirements and salary. This should be accompanied by but not limited to W-2 forms, Tax Returns (1040), pay stubs.
3. Letter from employer for Job offer clearly stating Title, Duties, Requirements and salary. It should be from a person who can verify the job offer.
4. Copy of I-94 both front and the back.
5. Copies of EAD if any.
6. Copy of all I-794 notice of approvals since comming to USA issued by this department.

Note I had birth certificate from the authorities which did not have my name or my mothers name. But I had another certificate from the authorities stating that they did not had space for mothers name in the birth register at my time of birth. I also attached a affidavit from my parents for my birth. Then also they require number1. If any one requires I have the format of the Affidavits required.

Spouse:
1. Evidence in the record establishes that a civil record of your birth is not available. If a civil record of birth does not exist, you must submit an original written statement, on official letterhead, from the relevant government or other competent civil authority in your home country, establishing that the record of your birth does not exist and/or is not available in that country. The statement must indicate the reason the record does not exist and indicate whether similar records for the time and place are available. Then only the secondary evidence such as affidavits will be accepted.
2. Two affidavits form relatives or adult persons.(Requirement same as mine in point 1.)

RFE states that I have three options till Jan-13-2004:
(Cannot provide evidence in pieces)
1. Provide all the evidence.
2. Provide some evidence and ask for a decision based on it.
3. Provide no evidence and ask for the decision based on it.

Last option is to withdraw the application.

My lawyer told me the person working on my case seems to be new. He is going to write a nasty letter back to the officer but told me to provide all the information. I have not changed my job since comming to USA in 1998.

I wanted to let all the persons on the board know what type of documentation needed to answer some of the RFE's.


OCT8
ND:1/25/2002
FP:6/20/2002
RFE:10/21/2003
RFE Replied: Not yet
 
Thanks for posting the details of your RFE.

Proforma affidavits etc. are available in the 'important information' thread on the VSC board.

It seems like we are struck between a rock and a hard place. Without new recruitment NSC cannot even get to our cases. With new recruitment, we get into a wholesale reinvention / reinterpretation of rules.
 
This is very scary. Looks like the IIO sent a Halloween treat to you. Your lawyer is right in the assumption that this IIO is new. This is one of the most complex RFE I have seen in the this board. Good luck.
 
big brother

your's is the big rfe. may be you can change your name to big_rfe'ian **just kidding**

you lawyer may be right that either that officer might be new. keep us updated.
 
RFE for self sent to BCIS today. Waiting for affidavits for my spouse for DOB. Will let you all know when does the online status changes. Also if it can be approved before this year.

OCT 8
 
big brother,
i also received a very exact and similar rfe like yours (10sep 03), so for other forum members, may be its not very uncommon like we think to see such rfes.....
i collected the documentation to the best of my ability and sent it to ins through my lawyer on today. will let you guys know if i hear anything further.

hcgcwait.
rd: oct 01
nd: nov 01
fp: sep 02
3rd ead.
 
or

It might be the case the USICS people might have lost some of your papers ( Oh No ! shredder?). Just kidding man.
 
tammy z,
i didnt get your humor there.
the reason for my earlier post was to make a point to the other members of the forum, that big brother's rfe was not an isolated instance and may be in the process of so called improving the standards ins is trying to be meticulous in looking at the employment hx from the date of entry into us with supporting documentation etc. and it can be a headache for some of us to answer all their questions. i just wanted to caution the other members about the possibility of these rfes so that can people can be proactive . well i dont think there is any exception and anyone can get this kind of a rfe, and frankly speaking i dont want anymore of the similar rfes to any of the 485 applicants.
 
Big Brother

There is absolutely nothing to worry about. Writing nasty letter to BCIS won't help. As far as we non-immigrants are concerned, BCIS is the supreme lord of our lives.

Your's must be a case where they lost your paper work and asking for it again without admitting their mistake. Anyway, the things they asked for, I am sure you must have all of them since you reached the I-485 RFE stage. Providing all h1 approval notices, all W-2', I-94 copy, copies of previous employer letters and current employer letter should not be a problem for anyone since those things were submitted already, before and at the time of filing I-485. Coming to birth certificate, you need to take affidavit from relatives in India who can be assumed to have witnessed your birth.
 
Originally posted by hcgcwait
tammy z,
i didnt get your humor there.
Although i wrote i am kidding i was not kidding. The manner in which documents are asked looks like they are asking for the all documents i included when applied for I-485.

Are they asking it again? or what is it? no one knows how USICS works. It is too much they are asking.
 
The reason for my posting was to inform the type of information BCIS might ask. I am not a bit afraid as I have not even changed my job since comming to US in 98.

BTW : My lawyer sent me this "They really have no basis to ask for all the employment documentary evidence and I questioned them about this, but we'll provide it."

Also got a second FP notice dated 10/24/2003 to appear on 11/20/2003. So at least to wait for AD till then!!
 
Online status changed today and it says the following:

On November 4, 2003, we received your response to our request for evidence or information. It is taking between 570 and 600 days for us to process this kind of case. However because preliminary processing was complete, the remaining processing time will be less than the maximum stated in this message. You will receive a written decision on this case.

Looks like atleast BCIS is prompt in updating the website.
 
RFE requesting the same information

I-485 Pending since Recipt Date: Aug 13, 2001
Finger Printing has been done twice already. They have issued 3 RFE's so far but the 3rd on is for the same thing.

In the 3rd RFE they are asking that since I was required to register, I must submit a copy of my I-94 with NESSERS information with the FIN#

Last time I entered the US in August 2002 on Advance Parole and hence was exempt from Special Registration. They asked for the same information in the 2nd RFE and I submitted a copy of I-94, Passport and Advance Parole with an explanation why I did not have to register. Is there any documentation available that I can submit to BCIS in addition to what I submitted in the 2nd RFE. I really need some additional supporting documentation to submit with my response to the 3rd RFE. I have frequently asked questions for Special Registration which states that if you enter on advance parole you are exempt from special registration. I would appreciate any information the group can point me to.
 
in continuation with my earlier post on this thread, iam updating my info. my rfe was received by ins on 4th nov and my case is approved on 13th nov . i saw this on the wabsite a while ago.iam still digesting the news and in a kind of dazed state.
thanks and goodluck to everyone.
rd:eek:ct 01
nd:nov 01
fp: sep 02
rfe: sep 03
rfe reply received by ins: 04 nov, 03
ad: 13 nov 03
 
Congrats hcgcwait!!!
Really good to know that sometimes NSC is good to RFE responses.

Can you please share what RFE you got and what documents u sent in respond

Tx
 
Top