I-131 Rejection Notice

[dumb 0]

I submitted I-130 and I-485 concurrently early January, which the USCIS processed regularly -- notice sent, check cleared, cases touched.

Early February, I sent out I-131 (advance parole) with a check of $305 and copy of I-797C -- notice of I-485 pending. Yet yesterday , I received two I-797c (mailed on the same day in different envelopes) , one is simply receipt-notice, the other is a peculiar "Rejection Notice", which reads

" Recently, you submitted an application for immigration benefits. That form was submitted with extra remittance that is not required to process your application, or the incorrect fee was submitted. Your check is being returned to you with this notice. NO additional action by you is required at this time,..."

I looked th I-131 instruction again, there is note under the "what is filing fee " section that I overlooked. It says basically, if I filed i-485 and paid fee, no fee is required for i-131. But I am not sure if my understanding is completely correct.

When you sent out your package, did you include a fee for I-131? According to the rejection notice, Do they reject my I-131 case or simply returned my redundant check?

Please help!

Your Dumb

__________________________

1/9/10 Mailed (USPS Express)

1/11/10 Delivered

1/15/10 Checks Cleared

1/19/10 I-797C (I-485, I-130) Received

1/25/10 I-797C Biometrics on 02/03/2010

02/03/10 Biometrics done

[Otto 83]

Your understanding may be correct - the fee would be waived for the I-131 if sent with (or after) the I-485. So it sounds like your I-131 was rejected because you paid when you should not have. In all likelihood, it will be returned to you (I assume they're return it to you). It isn't a denial.

[Jason-Sasha 1]

I think the rejection notice was directed at the fee. It wasn't your application which was rejected. It was the payment. I'd simply resend the I-131 without the payment and maybe include a letter of explanation.

[Nik+Heather 121]

That's great that they didn't just take your money off of you when they didn't need to, huh??

Edited February 19, 2010 by Nik+Heather

[happyandgay 0]

What is a bogus RFE?

[Nik+Heather 121]

What is a bogus RFE?

One where they say something is wrong which is completely untrue. Did you read the link?

[happyandgay 0]

Gotcha! We received it too just this week. Worse they said my husband needs co sponsor when in fact he earns 56K each year for 7 years now.

[Kathryn41 3,205]

There is no fee for the I-131 when it is sent in relationship to an I-485 - the fee is included. The same with the I-765 (Employment Authorization) - its processing is also included in the I-485 fee. You could have sent the I-131 with the I-485 or after it, there is still no fee. It sounds like they are just sending back the cheque not the whole application as it states no further action is required on your part.

if you do receive the whole package back and not just the check, then you just need to re-submit the I-131 with a copy of the I-485 NOA and no cheque.

[VanessaTony 3,567]

** moving to "Adjustment of Status from Work, Student, & Tourist Visas" from "Adjustment of Status Case Filing and Progress Reports" as the place it WAS in is for updates, not questions and you sent the I-130 and I-485 you're obviously adjusting from something other than a K1 or K3. If I'm wrong please let me know (so it can be moved to the correct place if this is wrong) and please update your profile and timeline so we know for sure and for statistical purposes **

Edited February 21, 2010 by Vanessa&Tony