N-400 application rejected.. Help with fees

[vaguy78 0]

Folks - Unknowingly I marked in two check-boxes for section 2 of the application (eligibility) and my application was rejected. Before resending I have a few questions and hopefully i get answers soon.

i) I see my checked being used to withdraw money - will I have to resend another check with the updated application? Will I get charged another $675?

ii) This is marriage based submission for my wife, so do I have to include my birth certificate along with the application?

iii) I have copies of tax return (Federal only) - do i need state as well? Also do we need to sign the copies?

I know there may be answers buried somewhere in other posts, but please help. I hope I don't have to pay the money again.

Thanks

[vaguy78 0]

I hope someone replies soon so I can resend the package.

[Kathryn41 3,205]

Folks - Unknowingly I marked in two check-boxes for section 2 of the application (eligibility) and my application was rejected. Before resending I have a few questions and hopefully i get answers soon.

i) I see my checked being used to withdraw money - will I have to resend another check with the updated application? Will I get charged another $675?

I'm sorry, I have no idea whether you will have to send another cheque or not. Did they return the original application package without the cheque or did they keep the package and deny the application? If they returned the package it may be worth a try to re-submit it without sending another cheque, mentioning to them that they have already received the cheque. If they just denied the application then you would need to refile with a new fee.

ii) This is marriage based submission for my wife, so do I have to include my birth certificate along with the application?

Yes, a copy of the US citizen's birth certificate should be included to prove eligibility for the 3 year option.

iii) I have copies of tax return (Federal only) - do i need state as well? Also do we need to sign the copies?

If you are including your own tax records you need to send the complete return plus all of the attachments. State taxes are not necessary (we didn't send State taxes). The easiest thing to do is to request tax transcripts from the IRS and include those- they are provided at no cost. It is best to sign everything where a signature is required on the original.

I know there may be answers buried somewhere in other posts, but please help. I hope I don't have to pay the money again.

Thanks

Edited July 7, 2009 by Kathryn41

[jsnearline 2]

We downloaded unsigned copies of our returns from TurboTax to send with the application. My wife will be taking IRS tax transcrips with her to the interview.

[poisontee 0]

Folks - Unknowingly I marked in two check-boxes for section 2 of the application (eligibility) and my application was rejected. Before resending I have a few questions and hopefully i get answers soon.

i) I see my checked being used to withdraw money - will I have to resend another check with the updated application? Will I get charged another $675?

I'm sorry, I have no idea whether you will have to send another cheque or not. Did they return the original application package without the cheque or did they keep the package and deny the application? If they returned the package it may be worth a try to re-submit it without sending another cheque, mentioning to them that they have already received the cheque. If they just denied the application then you would need to refile with a new fee.

ii) This is marriage based submission for my wife, so do I have to include my birth certificate along with the application?

Yes, a copy of the US citizen's birth certificate should be included to prove eligibility for the 3 year option.

iii) I have copies of tax return (Federal only) - do i need state as well? Also do we need to sign the copies?

If you are including your own tax records you need to send the complete return plus all of the attachments. State taxes are not necessary (we didn't send State taxes). The easiest thing to do is to request tax transcripts from the IRS and include those- they are provided at no cost. It is best to sign everything where a signature is required on the original.

I know there may be answers buried somewhere in other posts, but please help. I hope I don't have to pay the money again.

Thanks

On a personal note, when i applied, I Typed my name on the the application form on the signature part instead of printing it out and signing by hard. That got the nice forks at the immigration to send me my application back with a rejection NOA. it stated that i needed to sign it and resubmit. The only Good thing about my rejection letter was they sent the whole package back including my cheque and pass port photos. They didn;t cash my cheque.

I agree with Kathryn41

I would try re send the second one without the cheque and include a cover letter explaining the same. The worst case scenario, they will return your application to you and then you can resend it back with the fee if that's the case!!

I hope you don't have to pay the fee twice!

Good luck!!

Poisontee!

[Mohsin 0]

Unfortunately it seems like USCIS does this. I feel bad for you and think its unethical for USCIS to cash checks without doing a preliminary investigation into basic eligibility. I would contact a lawyer for consultation only. He could recommend an appeal or reapplication. I think in your case though you'll probably have to re-apply

[jsnearline 2]

If USCIS didn't return the check then call your bank and put a stop pay on the check ASAP!

[NickD 202]

If USCIS didn't return the check then call your bank and put a stop pay on the check ASAP!

What and get in more hot water?

From the N-400 instructions:

"Any Form N-400 that is not signed or accompanied by the correct fee will be rejected with a notice that the Form N-400 is deficient. You may correct the deficiency and resubmit the Form N-400. An application or petition is not considered properly filed until accepted by USCIS.

Initial processing. Once a Form N-400 has been accepted, it will be checked for completness, including submission of the required initial evidence. If you do not completely fill out the form, or file it without required initial evidence, you will not establish a basis for eligibility and we may deny your Form N-400."

Correct your form and resubmit it and read all of the instructions!!!! You must also submit all required evidence as listed in the M-476.

And others, quit giving bad advice.

[jsnearline 2]

IF they rejected it, they should have returned the check uncashed to the OP. IF they didn't return it, then the OP should put a stop pay on that check and send a new one with the resubmitted application.

To me it seems a better option than potentially being charged twice for the same application.

[sjoefl01 1]

I may be wrong, But I think I read the post to say that the check had already cleared the bank. My guess is they had already grabbed the check before they realized there was a problem. I would simply correct the problem and send the package back with a letter explaining what happened.

I think you are worrying about something that is not a problem. Just correct the mistake.

[Bobby+Umit 161]

IF they rejected it, they should have returned the check uncashed to the OP. IF they didn't return it, then the OP should put a stop pay on that check and send a new one with the resubmitted application.

To me it seems a better option than potentially being charged twice for the same application.

Big negatory there!

USCIS refunds a filing fee only in the case of service error.¹ For example, USCIS returns filing fees to customers where a service official incorrectly instructed an individual to file for a certain benefit. Currently, applicants claim a refund either by calling the National Customer Service Center (NCSC) toll free number or by making a written request to their local USCIS district office. They must describe the error, provide the alien record number, and list the form type. USCIS District Adjudication Officers (DAOs) review the refund requests.

¹ USCIS Adjudicator’s Field Manual §10.10, “Refund of Fees” (June 18, 2007).

If they denied the application, you just forfeited the fee. If you believe USCIS made an error (not in this case), then you have to go through their procedures to get a refund.

Trying to cancel the check could put you in hot water with the USCIS and any future dealings with them.

If they simply rejected it, you could attempt to resend it, but they would of had a letter explaining that. So it leads me to believe you were denied, so no refund for you. (perhaps)

To the OP - call USCIS - make an INFOPASS and see what you can sort out with this.

[sjoefl01 1]

I find the post a little cryptic. He diod use te word "rejected". He really doesn't say that there was not a letter. I see he hasn't been back since he posted and started getting answers. I would like to follow this experience to conclusion.

[jsnearline 2]

There's a difference between a rejection and a denial. If they reject it, they are aupposed to return the file without cashing the check. If they deny it, then the applicant forfeits the fee and has to pay again.

If they rejected the case but cashed the check, then the OP can send evidence that payment was already made when re-submitting the filing.

[NickD 202]

The primary objective is not to have your application denied nor rejected, while the instructions give estimates on how long it takes to fill out the form, can be easily 10-20 as long if you include reading the M-476 manual and read and comprehend the instruction sheet, both work hand in hand. If you are not 100% how to answer a question, seek help, either this board or a good attorney. And supply more evidence than what is asked for in particular if filing with the marriage three year privilege. Seem to be more concerned about that then the civics or English test.

The process should start the day the applicant receives their first green card, was lucky to have a good attorney that highly recommended to download both the I-751 and N-400 forms. After that long hassle with AOS, you get the false impression, it's all over, when in fact, you are just getting started. This gives you time to prepare to meet all the requirements. If you wait to the last minute to learn what has to be done, in many instances, you quickly learn you cannot turn back the clock.

We had a tax benefit by filing a joint return, but if it did save a couple of bucks to file a separate return, more than likely would have filed a joint return to please the USCIS. It's all about pleasing the USCIS. Or leaving the country and staying out one day too long. How are you suppose to know all this stuff if you wait until the last minute?

Also drive carefully, big brother is watching you, not exactly sure how to overthrow the government, but be careful what organizations you may be tempted to join, in other words, you have to be good and pay all of your taxes for that three year period. Then you can be naughty if you want to, LOL.

[jsnearline 2]

The application was rejected because the OP checked two boxes instead of one for eligibility by mistake. I don't think their objective was to have the case rejected or denied. I think they just made a mistake.