not received RFE after I751-- now filing I290B

[vapour]

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

[vapour]

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

[OldE]

<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.

[federale86]

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.

[ivymorgan88]

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?

[Brit4064]

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.

[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.

[Aroha]

Vapour, the USCIS are notorious for not handing out information. You may have to do an FOIA yourself rather than relying on your congressman.

[italiansrus]

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>

[ivymorgan88]

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!

[vapour]

Hello,
Thanks for everyone suggestion. I will keep posting the my case to be helpful.

I am filing I290B, and we were able to get our RFE letter sent to us earlier. It was sent when we were abroad. Basically, it was asking us more documents. They said that gas bill is just on my wife name, does not prove anything. I never thought to have my name since she was the one contact to gas/electricity to open this account.
Anyway, we are gathering more evidence to file along the I290. For example, my employment history where I put my wife name as primary person to contact in the case of emergency. I added her to my health insurance.

They are asking for joint life insurance/mortgage, but we are not that rich to buy house or smth to show joint-mortgage. Hoping that our lease, our health insurance, our hospital records showing as couple make it. I am attaching phone bills, highlighting our mutual phone calls everyday. Our phone numbers are same, just the last digit of mine is 1, hers is 2 since 2005.
I have a deadline by next Friday, and I will be sending them probably by Wednesday by FEDEX, as a next day delivery.
ivymorgan, what type of evidences also did you incluede? We had gym-membership, and we will include that one for example. If you have a list and share with me, I would be pleased to you so much.

Best luck to everyone.

[ivymorgan88]

Congratulations on getting RFE!The evidence I put together includes:
apartment leases 2006-2011 with our names;
phone bills
Tax return 2006-2009
W2 2007-2009
letters/emails from family members to both of us
letters/emails to family members from both of us
my in-law's family new year's letters over 6 years describing our life in Chicago
emails/letters exchange between me and my husband over the course of 10 years since we have known each other
my health insurance listing my husband as sole beneficiary
medical bills listing my husband as my guarantor
50 pictures of me and husband on vacation/with family/friends
air ticket receipts with both our names on it

[ivymorgan88]

Hi,is there any update to your case yet? We refiled I 751 and also asked the senator's office to contact the USCIS, and I was recently told by the senator's aid that the USCIS said that my old case (which I received the denial letter) is still OPEN!!! (I can't believe they are making mistakes like this one!!! And I have no idea how that happened), they never sent out a RFE which the denial letter stated that my case denial was based on...I'm so utterly surprised by the result. And the aid said that the USCIS will be consolidate two the old one and the newly filed one together...I don't know what to expect at this point...I hope your case is going well!