Strange RFE?
 

Hi,

On Friday we received an RFE from NVC. It basically said that they have processed the DS230 immigrant visa application, but are missing the affidavit of support package (and asks us to send it). Now, we sent the affidavit of support package at the same time as the IV app to NVC (but to the address 'Attn: CMR AOS' rather than just 'Attn: CMR').

I have asked them to confirm that they are actually missing the affidavit of support package via email. Does this count as responding to the RFE? Also, has anyone else ever had this happen to them and, if so, how did it turn out?

Cheers,
Rob

Re: Strange RFE?
 

Unless you're already in the US, you aren't adjusting your status... which is probably what they thought when you wrote AOS... adjustment of status. It happens to have the same initials as affidavit of support... but the former is far more common!


No.


People get RFEs all the time. There are only 3 ways to respond: 1) you send them everything they want and ask them to continue processing; 2) you send them some of what they want and ask them to continue processing; or 3) you send them nothing and ask them to continue processing. The only thing you can't do, is ignore the RFE. You have not given an acceptable response... which is why an email asking for clarification won't get you too far!

If they say they're missing something... just send it again! It is, after all what they want and does fulfill #1 on the list of appropriate actions.

Here's a hint for anyone else reading... never force the US government to look through your case file to find something which they say they don't have! Just resend it.

Ian

Re: Strange RFE?
 

Ian, we put the exact addresses that it told us to on the cover sheet! 'Attn: CMR AOS' on the affidavit of support and 'Attn: CMR' on the immigrant visa application... So I don't think they will get confused between that and adjustment of status (well I would hope not anyway, with them having asked us to send the packages to the respective addresses)...

We sent the package by courier so it definitely got there... Surely they don't just lose things? What if they'd lost the IV package with our marriage cert, police cert, birth cert etc???

So if they find the package, which I'm hoping they will, that counts as us having responded to the RFE... right? Is it common for people to send the affidavit of support first and, therefore, the NVC expecting it to already have been processed?

Re: Strange RFE?
 

Sure they do... all the time!


Well then, you'd no longer have those documents. It does happen, yes.


The person who gets the email will have no idea who is processing your case file and therefore who has it. At best, they'll look up your case number and see that there is no affidavit of support... and tell you the same information that you already know! You did send an I-864, right? At any rate, they're not going to look, so don't assume they will. Resend the documents.

Ian

Re: Strange RFE?
 

So you don't think there's a chance that the affidavit of support package will be there and that they will just be processing the two packages separately without realising it (or anything along those lines)? Given that my father in law was a joint sponsor it will be quite a lot of work for us to resubmit that whole package!

I can't believe these people are so incompetent! We literally submitted everything they asked, to the addresses they specified!

Re: Strange RFE?
 

They say they don't have it... there won't be two packages.


Didn't you keep a photocopy of everything you sent? If so, all you need is an original I-864 and you have copies of everything else. If you're starting from scratch... yah, it'll take time to assemble everything.

Hint for the future - always keep a photocopy of every scrap of paper you send.


I understand your frustration. Consider it an object lesson in dealing with the US government.

Ian

Re: Strange RFE?
 

Just been reading some other peoples experiences (on other websites) that have had the same email, only to find out that the NVC did have their docs after all... As in it was an automated email that was sent a little hastily...

I'll call them tomorrow and see what they say... and also start getting stuff together for a new package! We have everything electronically so shouldn't be too tricky... just a pain in the backside (not to mention expensive to send the father in laws 60 page tax return! ha)!

Re: Strange RFE?
 

Yes, they can and do, sometimes.

Then you'd probably be expected to gather up new originals and send them again.

I wouldn't count on it. To be on the safe side, I'd respond to the RFE and give them what they are expecting to see in return.

Rene

Re: Strange RFE?
 

Have your FIL order free tax transcripts instead. They are free from IRS and they come in the mail within a week or so. They are an official, condensed version of the 60-page tax return, and will only be a few pages long.

Rene

Re: Strange RFE?
 

OK so I just got off the phone with NVC... The package is actually with them and hasn't been reviewed yet so they automatically sent out the RFE when they finished the IV processing. The woman just told us to wait till the end of the week for an update and that if everything is in order we are good to go! I guess we have automatically responded to the RFE by them having the package to start with.

The phrase involving a 'piss up' and a 'brewery' comes to mind! haha

Re: Strange RFE?
 

Sadly they do - the results of my London medical were lost and I had to get another done in the US at my expense. Annoying but not much I could do but get it done again.

Glad to hear you've made progress on your RFE

Re: Strange RFE?
 

I'm surprised that this question hasn't come up before. This is a standard false RFE from NVC. The affidavit of support and visa application are processed separately. When the processing of one has been finished they check to see if they have everything to complete the case, no we need the affidavit of support. They don't know that it is waiting to be processed so email goes to agent saying what is outstanding.

The docs do not have to be sent again.

Re: Strange RFE?
 

It's worth recognizing that the Affidavit of Support and the DS-230 and supporting civil documents are reviewed by two separate groups. Don't know the process for sending out the document check list, but it's quite possible that the DS-230 review was completed and the checklist prepared before the I-864 group had done its review of the I-864.

[EDIT: Like gad wrote]

Regards, JEff

Re: Strange RFE?
 

Sorry if this sounds like a dumb question, but what is the document check list? Is that something that NVC send to us once they've finished reviewing?

Cheers for the responses guys, this site has basically gotten us through this whole process! Great work!

Re: Strange RFE?
 

I've got a dumb question of my own, because you said that the NVC sent you and RFE and that term is really specific to USCIS Notice of Action I-797E, but has been coopted for use with other agencies that use different forms of notification when more information is required.

What did the document you received from the NVC look like? The checklist that I am referring to is, literally, a checklist of the documents that the NVC is required to collect with each document marked as having been received and deemed adequate, received but not adequate, or not received (my words, the exact wording may be a bit different). The checklist may come with a cover letter, I'm not sure about that.

Regards, JEff