Heffalump13

Hi all,

I know it must vary immensely, but what is the shortest time and longest time anyone's ever heard of/experienced for an RFE being received after submitting the I-751?

Thanks!

Noorah101

An RFE can come at any time after filing the I-751. Even if you found out some shortest/longest time frames...how does that help you at all? You case may or may not run along those same time frames.

As a layman, I would hazard a guess at the shortest amount of time for an RFE would be a few weeks, and the longest would be a few years.

Rene

Heffalump13

I'm genuinely just interested to know, I guess. Sorry!

Noorah101

LOL, that's OK. Sorry I sounded harsh. I just read your other thread and I realize your concern.

I don't know the longest or shortest, sorry. But if you do get an RFE, don't panic. Just return what is asked for within the time frame and you'll be fine.

Good luck,
Rene

Heffalump13

Not a problem. However, I want/need/will get an RFE, so it's not that I'm worried about - it's the timing! If I get the RFE too soon, I won't be able to file for divorce in time. State-specific laws = problematic in this case.

Noorah101

Even then, I wouldn't worry. As long as you respond in some way to the RFE on time, your case won't be denied, even if all you do is let them know your divorce is still pending. The only thing that would throw your case off-track is if you don't respond in any way to the RFE on time.

Rene

ian-mstm

As Rene notes, we've seen people get an RFE within a week or two of filing. Others have taken a year or more. Your specific issue notwithstanding, there's no way to know, in advance, whether or not you'll get an RFE or when that might happen. If you do get an RFE, you will have only 90 days in which to respond... and you must respond.

Regardless, as long as you file the I-751 within the 90-day window, you'll be fine. Also, be aware that the I-751 is one of the lowest priority applications since your status as a PR doesn't change at all during the time it takes for the I-751 to be adjudicated.

Bottom line - there's absolutely nothing you can do about the timing... so you might as well get on with life. Deal with any issues if/when they occur.

Ian

Heffalump13

Thank you. I will try to stay calm and not worry.

I know I *must* respond to the RFE within the given time (87 days according to my attorney). However, if I don't have the decree absolut by then, what can I do? I cannot legally file for divorce until September and it will then take 6 weeks minimum to process the divorce. What if I simply can't get the document in time to send for the RFE? I'm assuming they won't accept proof that the divorce is in process.

Noorah101

You can respond to the RFE, stating the reason you can't yet supply the requested information.

Then you return the RFE with a statement saying exactly that.

They will accept that proof, yes, and will probably issue another RFE at a later date, asking for the final divorce decree. Responding to the RFE with any information at all is what keeps your case open.

Rene

Heffalump13

Also, I'm thinking they will ask for the RFE pretty quickly as, although I am not asking to waive the joint filing requirement, I won't be able to provide any proof of divorce at the time I have to file the I-751.

Noorah101

That's OK.

Rene

Heffalump13

Oh my goodness. I actually felt the air come back into my lungs. Thank you SO much for the response. I had no idea that that would be sufficient. Thank you, thank you.

ian-mstm

You don't need the decree absolut in order to respond to the RFE. All you need to do, is respond to the RFE.


If that's what happens, then you respond to the RFE indicating that as soon as you have the decree absolut that you will submit it. Responding to the RFE and giving them what they want are two totally separate things! Since you can't possibly give them something you don't yet have, you tell them they'll get it once you get it!


What? Why? Proof of your divorce in process is exactly the sort of information you'll want to submit if you get an RFE and you haven't yet got the decree absolut.

Ian

Heffalump13

Thank you. I don't know... I just worry! So lovely to have this community to turn to. I really appreciate you all.

Heffalump13

Just had this email from my attorney, as I wanted to ask his view also:


"As we discussed during our meeting; you can certainly try requesting an extension, but USCIS standard practice (as per Policy Memoranda) is that if you fail to provide the requested evidence during the time allowed on the RFE (87 days), the petition is denied and a Notice to Appear is issued. That is why timing is key in your case.
So, you can certainly try asking for an extension if it comes to that (based on the state specific divorce laws); but I wouldn’t bet on them granting it or issuing a second RFE."


This is kind of stressful. :/