angeles73

How much time does INS give you to respond to an RFE? Is there a standard?

Ange

jcapulet

Ange,

I don't know if there is a standard...but my RFE was dated Nov.21, and it says my response must be in their office by Feb. 16.

Juliet

angeles73

So, its 90 days? I'm sort of panicking now... just got word from my fiance that apparently INS requires that the decree be sent to the capital to be considered registered. On top of that apparently in January the courts take off the entire MONTH on a "judicial vacation" of sorts... (they do this a few times a year... must be nice to be a lawyer over there...) and NOTHING gets worked on. I'm hoping that if we do get an RFE we'll have time to send in what ever they ask for.

Ange

Folinskyinla

Hi:

The regulations at 8 CFR 103.2(b)(8) gives you "12 weeks", which is 84 days. If the 84th day falls on a weekend or holiday, there is a regulation which states the time to respond is on the next business day. INS seems to ignore another rule which states that when a notice is mailed, notice is not considered given until 3 days later.

BTW, sometimes there is a delay in mailing -- I save the envelopes RFE's are mailed in.

No extensions of time are allowed.

Note: INS is not like the IRS -- the filing date is the RECEIPT date. INS generally does not follow the "mailbox rule"

In responding you are given three options:

1. Provide all of the requested information & evidence;
2. Provide some of the requested information and ask that the adjudication be made on the record; pr
3. Provide none of the requested information and ask that the decision be made based upon the information in the record.

The ONE thing that will always kill you is to ignore the RFE.

dbark

Hi,

Just noticed it is your birthday today! Have a great one!

Best wishes,

Debbie