Is it possible to ask for an extention to respond a RFE?

[Louisie]

Hi, I have a very specific question for you guys:
I already have my EAD card but now USCIS asked for a document for my 485.
They gave me 2 months and half to respond it.
But this document needs to be issued outside the US and it takes around 3 months to be ready.
Can I ask uscis for an extension? When and how should I do that?
Anyone has faced the same situation?

Tks

[Tezza]

Hi, I have a very specific question for you guys:
I already have my EAD card but now USCIS asked for a document for my 485.
They gave me 2 months and half to respond it.
But this document needs to be issued outside the US and it takes around 3 months to be ready.
Can I ask uscis for an extension? When and how should I do that?
Anyone has faced the same situation?

Tks

You can't request an extension of an RFE. You have to look at it like this, USCIS are allowed to deny an application without even sending an RFE. An RFE is an opportunity for you to provide evidence that will allow them to make a positive decision for you. They can and do deny some cases without even sending an RFE and it's totally within their allotted power to do so.

So if you don't reply to an RFE in an efficient manner they will simply deny you.

My advice, if you are certain you cannot provide a document in time, respond with an explanation of why you haven't provided the requested document. The officer using their discretion may then send you another RFE, but that's not a certainty.

[UScitizenFilingforspouse]

Hi, I have a very specific question for you guys:
I already have my EAD card but now USCIS asked for a document for my 485.
They gave me 2 months and half to respond it.
But this document needs to be issued outside the US and it takes around 3 months to be ready.
Can I ask uscis for an extension? When and how should I do that?
Anyone has faced the same situation?

Tks

Have you checked with your local consulate or your country's embassy? I know that I can get most documents from my country's embassy.

What is the RFE for? What's done is done, but this is why it is important to read ALL INSTRUCTIONS three times if needed. We didn't submit our AOS applications until we were certain that the province in Malaysia where my husband is from does not issue long form Birth Certificates. We even waited for the IRS to issue transcripts, which you can only get IF there are no issues with your income tax returns.

[cali2018]

3 months? Just tell us what it is.

[Louisie]

It's a birth certificate of my parent, that is not commonly asked and it's not even necessary for the process by the law.
But they are asking now and we want to respond with that.
It can be provided, but they take up to 3 months to issue the document.
I heard that if the due date has not expire, you can ask for an extension proving that what they asked takes longer than the deadline given.
Anyone has already asked for an extension?

[Tezza]

It's a birth certificate of my parent, that is not commonly asked and it's not even necessary for the process by the law.
But they are asking now and we want to respond with that.
It can be provided, but they take up to 3 months to issue the document.
I heard that if the due date has not expire, you can ask for an extension proving that what they asked takes longer than the deadline given.
Anyone has already asked for an extension?

Yes as I said above. There is no specific extension process for an RFE. But you can respond to them within the time allotted on the RFE, with a letter explaining the situation and, at the officer's discretion you may be allowed more time, assuming you prove this - i.e. provide them with evidence that 3 months is the time it takes for this to happen.

The officer does not have to give you an extension, nor do they have to send an initial RFE, technically. Either way, you must respond to this RFE in one way or another otherwise your case can be considered abandoned.

[cali2018]

Okay if its a BC issue and you know you broke no laws etc. You should initiate the process asap with proof of it and try to respond to rfe sooner. Also make an infopass, in this rare case the infopass officer could push them once you show your reasons are legit.

[UScitizenFilingforspouse]

It's a birth certificate of my parent, that is not commonly asked and it's not even necessary for the process by the law.
But they are asking now and we want to respond with that.
It can be provided, but they take up to 3 months to issue the document.
I heard that if the due date has not expire, you can ask for an extension proving that what they asked takes longer than the deadline given.
Anyone has already asked for an extension?

That's a strange request. Does your parent have his/her birth certificate, though? Most people do. It seems like there's an ulterior motive to that RFE.

[Louisie]

We think the same, strange request, we need to provide it though.
No we dont have the certificate anymore, it is from 80 years ago and we couldnt find. Thats why we need to take a new one...

That's a strange request. Does your parent have his/her birth certificate, though? Most people do. It seems like there's an ulterior motive to that RFE.

- - - Updated - - -

We have initiated the process already, but I dont know about infopass. I have been on an infopass appointment before for another reason, before the EAD and it was not helpful at all. The lady checked the system and responded exactly the same I could see on my computer. I lost 2 hours for nothing..
I will try to respond the RFE asking for more time, but I dont know when to do it. As the document can take UP TO 3 mo, maybe it comes before!

Okay if its a BC issue and you know you broke no laws etc. You should initiate the process asap with proof of it and try to respond to rfe sooner. Also make an infopass, in this rare case the infopass officer could push them once you show your reasons are legit.

[UScitizenFilingforspouse]

We think the same, strange request, we need to provide it though.
No we dont have the certificate anymore, it is from 80 years ago and we couldnt find. Thats why we need to take a new one...



- - - Updated - - -

We have initiated the process already, but I dont know about infopass. I have been on an infopass appointment before for another reason, before the EAD and it was not helpful at all. The lady checked the system and responded exactly the same I could see on my computer. I lost 2 hours for nothing..
I will try to respond the RFE asking for more time, but I dont know when to do it. As the document can take UP TO 3 mo, maybe it comes before!

What are they trying to verify by asking for your father's birth certificate? Are you from a country where your father's first name becomes your last name? That's the case in Malaysia and it makes it hard to track lineage.

[UScitizenFilingforspouse]

We think the same, strange request, we need to provide it though.
No we dont have the certificate anymore, it is from 80 years ago and we couldnt find. Thats why we need to take a new one...



- - - Updated - - -

We have initiated the process already, but I dont know about infopass. I have been on an infopass appointment before for another reason, before the EAD and it was not helpful at all. The lady checked the system and responded exactly the same I could see on my computer. I lost 2 hours for nothing..
I will try to respond the RFE asking for more time, but I dont know when to do it. As the document can take UP TO 3 mo, maybe it comes before!

I think you should definitely reach out to your embassy. They may be able to expedite your request for your father's birth certificate.

You're also giving us very little information here. It seems like those who want to help have to ask at least 3 follow up questions. This is not just to you but anyone who reads this. Include the whole story in your initial post. Always list your field office. The NBC is not a field office.

I would also contact your Senator to inquire what on earth they're trying to verify and if there is an alternative. Sometimes affidavits or maybe your father's death certificate. You also said parent. So we don't know if it's your father or mother or both. Yet another follow up question.

[cali2018]

EAD has nothing to do with the field office, they were not lying that is not their domain. That said the "infopass officers" are actual immigration officers from your field office who were tasked with the joyous job of dealing with you that very day some of them do more infopass/reviews vs interviewing I think, but they are the closest you going to get to a legit officier reviewing this RFE. They are basically there for situations like yours, "I got this RFE, do you think this is sufficient, what would you do in this case" etc...Also remember your field office controls the i485 end of the day anyways.

My only guess is you are from somewhere like the middle east (not a western company that hands over records easily). The USA is having difficulty checking all your family history and is trying to figure out what the story is and how much digging they need to do. Know a family friend who needed same and had to basically get someone physically to go request police records from a nation so USCIS would back off. Again just a guess.