SOS - RFE not received for wife - rejection scenario

P

Pardoner

Registered Users (C)
Greetings,

I am the principal applicant for I-485 and my wife is the secondary benificiary. The online status indicated an RFE was issued for both of us on the same day, May 30. While the laywer received my RFE and responded back (it was for birth cert), they never did receive my wife's RFE.

Even upon repeated phone calls to the Nation Service Center and placing two enquiries, they just sent me a letter saying the RFE would be resent, but no luck still. The dealine for replying to an RFE is 85 days and we only have about 22 days left and I'm fearing the worst case of never receiving it and my wife's application for AOS getting rejected automatically.

My question at this desperate situation is, what option do I have so that my wife can stay in US legally and not get deported? I've heard the spouse visa for GC holders can take upwards of 3 years and I'm trying to explore other avenues. Any input is greatly appreciated at this time of need.

Pardoner
 
same happened with my wife..

We keep calling NSC every week at last one god sent good lady IIO agreed to help.
She sent RFE to my home address and we only one day to respond.
Luckily I had everything ready so fedex'ed same day...

So keep calling 'em and ask them since I have not received the RFE do not know what is missing....I cannot answer the RFE..
Ask you lawyer to call NSC and check with 'em lawyer have different access # to Service center...
Ask you lawyer to sent a letter to NSC ...

Just do not keep quite....

I consulted one of Murty attorneys....and lady told me same thing
Do not keep quite.... keep on asking...
The reason is if you case got rejected in the end you have sufficient proof to prove you and your lawyer tried your best...

Hope in the end evrything will trun out good...


Keep you wife birth certificate /marriage certificate ready...
check INS doc. in your area do some research which on eis taking min. time...go INS and collect medical forms..
because these are the only possile RFE for non working wife...
 
Thanks comeongc,

But there is no number to reach Nebraska Service Center anymore. You have to go through their National Customer Service number 800-375-5283. Am I missing something here?
 
moine was before this...

Talk to your lawyer.........
Ask him to give NSC or National center a call...........
 
Try writing also

I would suggest the following:

1. Every time you call the BCIS with a reminder for resending the RFE make a note of the date and time, and the name of the agent, particularly if he/she says that they would be having the RFE sent.
2. After about 3 calls, send a letter recorded delivery asking for the RFE to be sent again and also mentioning the dates and times you talked to the BCIS customer service center.
3. Send 2-3 letters in all, with each subsequent letter mentioning that you had written to them previously also in this regard.

This may help you in getting them to send you the RFE. If not, you would at least have some proof of your attempts to respond to a non-existent RFE.

As always, do consult with your lawyer to check if he/she agrees with what I have suggested.

Best of luck
 
Oh Joy! Today, my case status changed back from 'Approved' to 'Response for RFE Received'! My wife's status says it has been transferred to the local INS office in Detroit. Finally they might have looked at my lawyer's letter and/or my inquiries.

On the bright side, wife's application is not timing out for not receiving the RFE, and (hopefully) we're not leaving the country anytime soon ;)

Fun never stops when you're dealing with Nebraska Service Center....
 
This is very interesting. In your original posting you didn't mention anything about your case getting approved, you said you responded to the rfe. When did your staus change to 'approved', did you receive an approval notice? And did you ever see the 'Response received' message after sending the rfe response?
Well if the website message can change like this, I am not sure how to trust the site. I think you cannot be fully sure until you receive the approval notice.
Anyway, what do you think the reason for transfer could be? Pardon me for asking so many questions.

Thanks!

cmr
 
cmr,

Sorry, shoud've missed it. My status was in 'Approved' since July 28th and now changed back to 'RFE Response Received'. Yes, it was in the response received state for more than 2 weeks before turning into 'Approved' on 28th.

You're right, this online status cannot be fully trusted, as I'm experiencing now. As for the transfer reason - I guess it is to validate our relationship, since we'd been married for less than a year at time of filing for 485.
 
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