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I 751 waiver RFE

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Old Feb 8th 2009, 1:08 pm
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Default I 751 waiver RFE

Hi,
I applied for I-751 waiver on time and attached all the required supporting documents.

Recently I received a letter asking for further evidence to make a decision.

All the new requested documents are already submitted with my I 751-waiver application I don’t have any other evidence to provide.

I’ll appreciate any suggestions from you.

Thank you

Sam
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Old Feb 8th 2009, 1:14 pm
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Default Re: I 751 waiver RFE

Originally Posted by samisam
All the new requested documents are already submitted with my I 751-waiver application I don’t have any other evidence to provide.
There are three things you can do:

1) Give them what they ask for - even if it's the same as you gave them before - and ask them to make a decision based on this evidence.

2) Give them some of what they ask for - even if it's the same as you gave them before - and ask them to make a decision based on this evidence.

3) Don't give them anything - and ask them to make a decision based on what you have previously submitted.

The only thing you must not do, is ignore the RFE.

Ian
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Old Feb 8th 2009, 1:16 pm
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Default Re: I 751 waiver RFE

Originally Posted by samisam
Hi,
I applied for I-751 waiver on time and attached all the required supporting documents.

Recently I received a letter asking for further evidence to make a decision.

All the new requested documents are already submitted with my I 751-waiver application I don’t have any other evidence to provide.

I’ll appreciate any suggestions from you.

Thank you

Sam
Hi:

When you receive an RFE, your options are three -- Given them what they want [even more], give them less than they want or different than they want and ask for adjudication, or three, ask them to base their decision on the record.

In cases like yours, I tend to send a second copy of everything and state an assumption that it appears to have been detached from the file and then ask them to adjudicate. Do it politely -- it makes them look like idiots when you get before the Immigration Judge if the case is denied.
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Old Feb 8th 2009, 3:13 pm
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Default Re: I 751 waiver RFE

What did they ask for?
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Old Feb 9th 2009, 2:08 pm
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Default Re: I 751 waiver RFE

Sam i was rfed as well. They dont explain this, but they are looking for certain things. You may have given them tax returns, but i dont know if you gave the tax transcripts from IRS. They want to verify that there was no pending tax/adjustments afterwards, your tax return copies do not tell that story. Also they may ask for W2, and you may say what the heck, i am already giving them transcripts. In certain cases, if the W2 address do not show up on IRS transcripts, they are looking for the address on the W2, to match it with the story you put on your application.

Joe
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Old Feb 9th 2009, 4:44 pm
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Default Re: I 751 waiver RFE

Originally Posted by joelee
Sam i was rfed as well. They dont explain this, but they are looking for certain things. You may have given them tax returns, but i dont know if you gave the tax transcripts from IRS. They want to verify that there was no pending tax/adjustments afterwards, your tax return copies do not tell that story. Also they may ask for W2, and you may say what the heck, i am already giving them transcripts. In certain cases, if the W2 address do not show up on IRS transcripts, they are looking for the address on the W2, to match it with the story you put on your application.

Joe
Hi:

My explanation is simpler -- the DAO with the case was too lazy to actually adjudicate and sent out an RFE so his statistics look better. Happens all the time -- the supervisors get wind of it, crack down, the DAO's then file a grievance via their union and the circle begins again. I'm not kidding about this.
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Old Feb 10th 2009, 2:03 am
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Default Re: I 751 waiver RFE

Mr. Folin, I agree with you 120 % on that, so besides other things who you get as an IO handling your case, it depends on that, thats why we see inconsistent case timings for folks with same situations. Also lot of new hires, training, internal promotions, depatment changes, internal memo's floating around that causes these rfe's. One thing is for sure, those people that are on there final leg of the journey, applying for a job with USCIS may not be a bad idea. Get paid for pretending to be working, stress free, lifetime appointments. What more can you ask for in this life.

Joe
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Old Feb 10th 2009, 2:15 am
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Default Re: I 751 waiver RFE

Too lazy? Isn't their job lazy one by itself already? LOL. All they have to do is flipping thru pages and see if there is enough evidence. Damn, I wish I had a job like that.
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Old Feb 10th 2009, 2:46 am
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Default Re: I 751 waiver RFE

I did thw waiver and never sent any tax papers or W2's no RFE and approved.
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Old Feb 10th 2009, 9:47 am
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Default Re: I 751 waiver RFE

I also was RFE'd. Conditional GC expired in Aug 2008, paperwork sent in well ahead of time. I was sent an RFE in Oct 4th 2008 informing me i had until Dec 5th to reply. They requested:
  • Evidence of good faith marriage [tax returns, mortgage etc, which had all been sent previously. returns, not transcripts]
  • Financial records
  • Witness affadavits signed & notarized by 2 people who had known me and my spouse since we got married
  • Statement - in my own words describing how, when and where I met my spouse. Also requesting a lot of significant information about our courtship, marriage etc etc

I had an Attorney look it over and we sent it in on the last day of Nov. A little over a week later I had a letter with my 10 year GC in it. No heads up or anything. My attorney agreed with Mr Fol and thought they just threw it out there as "routine"
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Old Feb 10th 2009, 12:55 pm
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Default Re: I 751 waiver RFE

Hi Michelmas
Can you post your timeline please.:-) Thank you.
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Old Feb 10th 2009, 3:16 pm
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Default Re: I 751 waiver RFE

will do, just give me some time to get it done
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Old Feb 11th 2009, 1:46 am
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Default Re: I 751 waiver RFE

Ok, I will really appreciate it.
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Old Nov 30th 2009, 10:34 am
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Default I 751 waiver interview

My interview appointment date for I751waiver is tomorrow. My attorney is not able to come with me. Last week my attorney sent a letter to UCIS asking to reschedule my interview date.

I have not received a reply from my attorney or from UCIS to confirm if my interview date is rescheduled.

I can't get hold of my attorney because she is out of the country.I don't want to loose my status for not being there.

Please advise! Shall i go on my own? Or is it safe for me not going because my lawyer already sent a letter to USCIS asking to reschedule my appointment.

Your advice is much appreciated. Thank you
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Old Nov 30th 2009, 10:48 am
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Default Re: I 751 waiver interview

Originally Posted by samisam
Please advise! Shall i go on my own? Or is it safe for me not going because my lawyer already sent a letter to USCIS asking to reschedule my appointment.
Do not miss the appointment. Go on your own and bring along a copy of the letter your attorney sent last week. Show the Officer the letter, and ask if you can reschedule for a time when your attorney will be in town.

Rene
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