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Thread: not received RFE after I751-- now filing I290B

  1. #1
    Hello all,

    We have one problem with the removal of the conditional residence.

    We filed I751, all was good then we went to fingerprinting to ASC. After that, we were waiting for 6 months, and nothing was updated on the web-page. Then, I decided to call USCIS. I called to ask about my status, they said "wait"...
    Two weeks later, we received a denial of our case because it was saying that they sent request for evidence(RFE) but we did not responded to this RFE.

    We talked to congressman office, and got their blessing, I am not really sure that they will be able to get the copy of this RFE sent to us. It would be excellent if we can find the copy of RFE which was sent to us, and send the requested evidences along with I290B, saying that we would have sent those documents if we have received this RFE.

    We are kind of frustrated, but since this is not a fraud-marriage, we believe that it will get resolved somewhere. I also hired a lawyer.

    What is our case getting reopened again? or will they deport me? What are the way to get around this?
    Is this a common case, or just happened to us?

    I do really appreciate any response which could be helpful for our case.

    thanks

  2. #2
    Hello all,

    We have one problem with the removal of the conditional residence.

    We filed I751, all was good then we went to fingerprinting to ASC. After that, we were waiting for 6 months, and nothing was updated on the web-page. Then, I decided to call USCIS. I called to ask about my status, they said "wait"...
    Two weeks later, we received a denial of our case because it was saying that they sent request for evidence(RFE) but we did not responded to this RFE.

    We talked to congressman office, and got their blessing, I am not really sure that they will be able to get the copy of this RFE sent to us. It would be excellent if we can find the copy of RFE which was sent to us, and send the requested evidences along with I290B, saying that we would have sent those documents if we have received this RFE.

    We are kind of frustrated, but since this is not a fraud-marriage, we believe that it will get resolved somewhere. I also hired a lawyer.

    What is our case getting reopened again? or will they deport me? What are the way to get around this?
    Is this a common case, or just happened to us?

    I do really appreciate any response which could be helpful for our case.

    thanks

  3. #3
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">I also hired a lawyer. </div></BLOCKQUOTE>

    He or she should answer all of your questions. If not then fire and get a good one.
    http://www.anbsoft.com/images/usflag_med.jpg

    "...I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should 'make no law respecting an establishment of religion, or prohibit

  4. #4
    If you did not get the RFE, then you can file the I-290B or a letter asking for a Service Motion To Reopen. If the RFE were for minor issues, then your MTR might be successful. Careful on the timeline.

    You might be placed in removal proceedings, but then you can address the RFE issues and present evidence in at the hearing.

  5. #5
    Hi Vapour, I'm in the exact same situation and around the same time. I received my denial letter on 2/9/11. I received every single piece of mail EXCEPT the RFE! I'm utterly frustrated! Me and my husband plan to file I 751 again with an explanation and overwhelming amount of evidence! And also file I 290B for motion to reopen the case! This was suggested by a very senior and reputable lawyer in Chicago. My I ask your plan to resolve this mess?

  6. #6
    Sounds like either the USCIS slipped up or the Post Office. Unfortunately they only ever send mail via the USPS. If it is undelivered for any reason, the USCIS request return service. Good luck.
    "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

  7. #7
    I am preparing the documents to file I290. I want to put as more evidence into this I290
    Also, I contacted to local congressman office, and trying to reach this RFE. If I can find what is requested, I can send those along I290 and can say that If I had received your letter, I would have submitted this readily.

    Hoping to get this over.
    Ivymorgan, I was frustrated initially as well so much. But, that would not resolve anything. and I just had nightmares. We are truly married, and this will solve that problem for sure. There is no need to worry and lose the sleeps over that.

    It is better to have a lawyer as well. Then, if letter is sent, it must arrive to both parties.

    I will update this anytime I received anything new.

  8. #8
    Vapour, the USCIS are notorious for not handing out information. You may have to do an FOIA yourself rather than relying on your congressman.
    **************************************
    The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

  9. #9
    Yes do not wait for congressman (even though he might be able to get you a copy), do a FOIA request and ask the AAO for an additional 30 days upon receiving your records to respond, so you can send a supplemental brief and or evidence regarding RFE...you still have to file within the 30 day window, but ask for additional time once you get copies of the RFE and your records.Good Luck.<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by vapour:
    I am preparing the documents to file I290. I want to put as more evidence into this I290
    Also, I contacted to local congressman office, and trying to reach this RFE. If I can find what is requested, I can send those along I290 and can say that If I had received your letter, I would have submitted this readily.

    Hoping to get this over.
    Ivymorgan, I was frustrated initially as well so much. But, that would not resolve anything. and I just had nightmares. We are truly married, and this will solve that problem for sure. There is no need to worry and lose the sleeps over that.

    It is better to have a lawyer as well. Then, if letter is sent, it must arrive to both parties.

    I will update this anytime I received anything new. </div></BLOCKQUOTE>

  10. #10
    Eager to know where you are in terms of taking next steps. I reapplied I 751 again yesterday, sent out about 150 pages of evidence, plus 50 photos of me and husband as well as with friends and families. hope this will lead me somewhere. The senator's legal aid said that she would contact USCIS to see if they can reopen my case WITHOUT filing I 290b, but with new evidence pointing out that our building had mail delivery problem for 1 month. Two potential risks we may run into:
    1)I don't know how effective this type unofficial request is. I would imagine USCIS would prefer to open the case with $630 in pocket...
    2)If they do reopen the case, I would have two concurrent cases open, I don't know if this could cause any potential bureaucratic problems resulting indefinite case pending or denial...

    Any advice? Thank you a million!

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