Sent out the response package for I-485 RF and USCIS now claimed they never received

[sinyanmei92]

Hi everyone,

As the tittle says, I received a RFE around early November (10/26 that they issued it) and I responded right after 2 weeks. I never kept the tracking number but now after months, I called in to ask about my case then USCIS claimed that they never received it. The problem is, I only had 87 days to respond and I was planning to send the package again tomorrow, then I found out today marked the 97 days and apparently I'm late. I did called USCIS 2 times early January and they told me that I should wait and dont have to send back anything. Also they said tier 2 will call me back shortly (but they never did).

What can I do in this situation? I'm panic since I'm already out of status and now working using EAD based on AoS.

[AngelaPhelan]

Hi everyone,

As the tittle says, I received a RFE around early November (10/26 that they issued it) and I responded right after 2 weeks. I never kept the tracking number but now after months, I called in to ask about my case then USCIS claimed that they never received it. The problem is, I only had 87 days to respond and I was planning to send the package again tomorrow, then I found out today marked the 97 days and apparently I'm late. I did called USCIS 2 times early January and they told me that I should wait and dont have to send back anything. Also they said tier 2 will call me back shortly (but they never did).

What can I do in this situation? I'm panic since I'm already out of status and now working using EAD based on AoS.

Did Tier 1 customer service tell you they didn't receive it or Tier 2 officer told you that? I don't think Tier 1 customer service people would have accurate information. Have you checked your case status online? If they received the RFE response, it would show a message like "We received your response to our Request for Evidence for your Form I-485, Application to Register Permanent Residence or Adjust Status. Our National Benefits Center office is working on your case again"

Also I would suggest you consult a lawyer ASAP as accidents like this could lead to denial of the case..

[sinyanmei92]

Did Tier 1 customer service tell you they didn't receive it or Tier 2 officer told you that? I don't think Tier 1 customer service people would have accurate information. Have you checked your case status online? If they received the RFE response, it would show a message like "We received your response to our Request for Evidence for your Form I-485, Application to Register Permanent Residence or Adjust Status. Our National Benefits Center office is working on your case again"

Also I would suggest you consult a lawyer ASAP as accidents like this could lead to denial of the case..

I know it's urgent. The status of my case is still "we mailed you the RFE..." and I have been tryign to call them WAY before the 87 days but they told me to wait until I get a response. I got a referral number and they said they would answer me by 02/09 about my case (I called in to have it investigate on 01/09). This morning I just sent out my package again and they should be receiving it by tomorrow. This time I make sure it's sent via certified mail.
When I talked to the Tier 1, she said she would let me talk to the Tier 2 but after 30 mins on hold, I set up a call back and no one actually called me back. I called in again later and they said I would have to wait till they investigate it. Right now I'm panic since I'm already out of status for my F-1 visa 6 months ago.

[bethzly]

You have to go to the post office,make them track the package and tell you when and who received and signed for the package . And call immigration give the officer the name that person,you'll be fine
Good luck