Trixie_b

I know, I know..... I blame the wine for my desperation on that post!

It is done. I will try and call them later today and see what's what.

I'm still in a sling and have supporting hospital docs... it's a long shot, but I might play the sympathy card if I have the opportunity.

Handy hint - when you get an RFE, act immediatly, don't think I'll wait for 2 weeks as I did, else you may not be in a position to respond then.

S Folinsky

Observation: OP has never mentioned how she arrived at the due date.

No advice given nor intended.

fatbrit

I asked her for the details --- but obviously the wine has yet to wear off.

Trixie_b

Sorry Gentlemen, I didn't think you were waiting for me.
The notice said,

NOTE: you are given until March 16, 2010 in which to submit the requested information [to the address listed below]

The certified mail reciept says it was delivered on 19th, with proof of postage on 11th....

fatbrit

Is the RFE dated?

Trixie_b

yes, but I don't have it with me at work... I think it was dated Feb 11th, I could be wrong

There was no mention of a number of days to respond.

fatbrit

In that case, it makes 33! And that's today's unlucky number since you've got 30 days to respond and then they added the 3 for the postage.

You've got big issues, I'm afraid.

Bluegrass Lass

Not trying to add to your worries, but given that only a low percentage of I-751's go to interview, it's highly possible that you won't have an interview to defend your case. If they count the RFE as a non-response, and your original submission was not adequate (hence the RFE), they will simply send a Notice of Intent to Deny (NOID) letter stating that your PR status is terminated. At least, I think this is what I've seen a few folks saying they have been sent in the past.

At that point in time, then you should seriously consider hiring a lawyer to 'clean' up the mess. You would have the option to appeal the NOID, but it takes time & effort to go through it all, which is why I suggest the lawyer.

Good luck hon, and I hope it all goes smoothly for you.

Trixie_b

Bollocks.

Trixie_b

While this is very crappy. I have to take on the responsibility of my own actions.

I could have responded earlier.

My excuse is that I thought I had plenty of time and with my injury things got difficult and I I dropped the ball. I had an initial consultation with an Imm lawyer when we first got married 3 years ago, it looks like I'm going to be spending a lot of loot there...

meauxna

Just wait and see what happens, Trixie..

janadeen

That's what I say.

It's unfortunate but there's nothing that can be done at this point. Enuff time was given to send it in and the date was missed.

She'd just have to ride it out - there's only so much a person can control.

S Folinsky

Query: define "prescribed period."

No advice given nor intended.

fatbrit

USCIS have the power to define it themselves under 72 FR 19100. The rule sets maximum times but not minimum ones.

The times USCIS provides are given in the Adjudicator’s Field Manual available at the USCIS site (I refuse to use their URLs!). Look in appendix 10-8.

Trixie_b

Ladies and Gents,

Let me fill you in on the lastest events.

As described above, I was sent a RFE approx Feb 11th, with a response date for March 16th.

I sent the RFE before that date, but frankly, leaving it far too late, but with assurance from the post office worker that it would arrive on time, I posted (certified mail) 5 days before.

The cert mail slip obtained from the PO says it arrived on 19th March. TOO LATE!
The cert mail slip sent to me via mail said it was signed for on 24th March!!
I made an info pass appointment to get a stamp in my passport (because i was looking for new job) and at the same time, showed evidence of the posting (april 15th)
Info pass lady said she couldn't mark my concern on my file, but it hadn't been rejected yet. She advised me to keep the reciepts because if I had to contest any rejection, they and the hospital report would be good evidence. she advised that I should hear something within 60 days of submitting the response to the RFE.

The Evening of May 20th there was a letter from USCIS.

We'd been out for dinner and had been discussing the potential rejection and what would it mean...

I opened the letter with baited breath.........

I got to the first word..... Congratulations.

I'm thrilled, that letter certainly took away a lot of tension.

Thanks for your help everyone. I think I was very lucky.

Oh and I got the new job, been here for 3 weeks and am loving it.