When to pay the I-864 fee?

[Dave and Helena 0]

I was having a mail conversation about fees last night with someone who's about to adjust status from VWP. When I started reading up on the fees I got very confused about the I-864 fee.

On the USCIS website it says:

"Although USCIS does not charge a fee for this form, the Department of State does charge a fee of $70 when the Affidavit of Support is reviewed domestically. This does not apply when the Affidavit of Support is filed abroad."

http://www.uscis.gov/portal/site/uscis/men...0004718190aRCRD

I know I didn't pay that fee and I got my Green Card and from what I understand from searching in old threads you do not have to pay the fee when adjusting status in the U.S. However reading the paragraph above that is not exactly crystal clear to me. Is there anywhere else on the USCIS website where they explain this more thoroughly or can one of you wise people out there explain this one to me?

[payxibka 10,047]

NVC charges an I-864 fee when processing for an immigrant visa..

USCIS does NOT charge an I-864 fee when processing for adjustment of status for aliens already present in the USA

[RebeccaAndPhil 5]

It seems you've already received your GC, congrats!! You didn't have to pay the fee since you filed for AOS. Besides that, USCIS would have sent you an RFE a long time ago if you still owed them money

[Dave and Helena 0]

It seems you've already received your GC, congrats!! You didn't have to pay the fee since you filed for AOS. Besides that, USCIS would have sent you an RFE a long time ago if you still owed them money

Thanks. Yes I got my GC a while ago. I am not worried about them knocking on my door trying to get more money from me (until a month from now when I file for removal of conditions *sigh*...)

My question is more of the "technical" kind. Reading the paragraph on USCIS website I just don't understand why you don't have to pay the fee when filing inside the U.S (domestically?). Don't know if it's bad wording on USCIS part, or lack of understanding on mine. Probably the latter....

[payxibka 10,047]

It seems you've already received your GC, congrats!! You didn't have to pay the fee since you filed for AOS. Besides that, USCIS would have sent you an RFE a long time ago if you still owed them money

Thanks. Yes I got my GC a while ago. I am not worried about them knocking on my door trying to get more money from me (until a month from now when I file for removal of conditions *sigh*...)

My question is more of the "technical" kind. Reading the paragraph on USCIS website I just don't understand why you don't have to pay the fee when filing inside the U.S (domestically?). Don't know if it's bad wording on USCIS part, or lack of understanding on mine. Probably the latter....

Reread it.. it says the USCIS does NOT charg a fee but the Department of State (DOS) does.... In an adjustment of status situation you are dealing ONLY with the USCIS and NOT the DOS. If the DOS is not involved then NO fee... ever....

Edited October 28, 2009 by payxibka

[Dave and Helena 0]

Reread it.. it says the USCIS does NOT charg a fee but the Department of State (DOS) does.... In an adjustment of status situation you are dealing ONLY with the USCIS and NOT the DOS. If the DOS is not involved then NO fee... ever....

Ah. That makes sense. I did some further "googling" using your info and found this:

"While there are many different categories and means by which a person may become a permanent resident, there are two ways a person is actually granted permanent residence. The first is by being issued an immigrant visa overseas from DOS, and then being admitted to the United States with that visa. The second is by being granted Adjustment of Status by USCIS or the Executive Office of Immigration Review (EOIR).[1] The adjustment option is limited to people already in the United States when they become eligible for an immigrant visa or otherwise become eligible for adjustment of status."

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Thanks for the explanation!