check not cashed yet

[Hatem&Zeinab 30]

I just filed for my wife forms I-485, and I-130 like 10 days ago. So far USCIS didn't cash my check. I am starting to worry. Could it be something wrong? What if it is? How do I find out?

Would they return the package to me?

The thing is I only have 90 days to file for my wife because she came here as a fiancee, and 55 days have already passed when I sent the package.

One last question. Even if there is something wrong or missing with the package. Would I be ok, that I sent the package before the 90 days were over?

[Harpa Timsah 13,258]

Why did you file a I-130? Do you mean I-131? I-130 is not required for K-1 visa holders who marry within 90 days after entry.

To answer your question, it is normal for there to be some delay in cashing the check. It can take up to a month, so there is nothing to do but wait.

There is no deadline for AOS after K-1 marriage, so in any case you are all right. Good luck.

Check out the AOS from K-1 forum here for more information. http://www.visajourney.com/forums/forum/7-adjustment-of-status-green-card-from-family-based-visas/

[Hatem&Zeinab 30]

I filed I-130 because that how it says on the USCIS website. It says if you are a US citizen, and your wife was in the US through lawful admission, file form I-130 and I-485.

Did I do something wrong when I send both of them when I only needed the I-485? I did send a separate check for each of them though!

[Harpa Timsah 13,258]

Yes, you did something wrong. You are applying based off of an approved I-129F and subsequent marriage, not a I-130. I see you understand that now because of your other thread.

[Hatem&Zeinab 30]

so what do you think the USCIS will do in this case? return the whole thing to me, or just process the I-485 alone? or just process both?

[Harpa Timsah 13,258]

They will process both applications - they will not bother to read that you came on a K-1 and followed the wrong process before they cash the checks. You will possibly encounter delays and confusion with your case, and waste $420! Stop payments on the checks now!!

[Hatem&Zeinab 30]

so, I stop both checks, then send another I-485 package alone with the new payment?

[Harpa Timsah 13,258]

I would. You can wait for the packet to be rejected and returned to you if you stop payment, and just resend minus the I-130 stuff.

[Usui Takumi 1,562]

Warning: If you stop payment on a check that is sent to USCIS and they try to clear the check you will get a bill for the amount plus a returned check fee.

I would wait and hope they figure it out.

[Gary and Alla 3,694]

I filed I-130 because that how it says on the USCIS website. It says if you are a US citizen, and your wife was in the US through lawful admission, file form I-130 and I-485.

Did I do something wrong when I send both of them when I only needed the I-485? I did send a separate check for each of them though!

They will probably return your check with a couple weeks and you can start over with the right forms. READ the guides and instructions here at this site. You do not file an I-130 for a K-1 and you have no doubt paid the wrong amount of money.

Wait to proceed until you understand what you are doing.

[Gary and Alla 3,694]

so, I stop both checks, then send another I-485 package alone with the new payment?

NO. DO NOT stop payment.

You are going to get a rejection and an I-797C with instructions on what to do. DO NOT do anything until you have this. In the meantime, study the guides and instructions, prepare the correct forms, ask questions here in the AOS forum if you need to. Get everything ready and send it in when you have the I-797C and instructions.

[bigdog 376]

Wait to see what they do, maybe common sense will prevail.