I-131 fee waived when I-485 pending?

[VTmaple 1]

Question: If AOS is pending, is a fee for 131 required? Has anyone else filed 131 after the 485 (since July 2007) and been required to pay? I've receive conflicting information from two USCIS sources.

Background:

We chose not to file for a travel document concurrently with the AOS/EAD. Now, we think we might want to apply (we live 15 mins from the Cdn border and some important family events are forthcoming before the AOS will probably be approved).

USCIS website for I-131 says: Note: If you are filing Form I-131 Application Type B or D, [ie. type D=Advance Parole Document] you filed a Form I-485 on/after July 30, 2007 with a fee, and the Form I-485 is still pending, then no additional fee is due for Form I-131. Great!

So then I started filling out the online application for AP, but I had no place to declare I had a 485 underway and would have to submit payment to complete the application. I decided to wait and ask at the service center.

Today I went to my Biometrics Appt for AOS/EAD, and when I asked for clarification she said that the 131 fee is only waived if we had included it in the concurrently-filed package. Not astonishing, but disappointing.

When I came home, I reviewed the USCIS I-131 information sheet again and it does say "You may submit Form I-131 for Advance Parole or Refugee Travel Document at a later date. If you file Form I-131 for Advance Parole or Refugee Travel Document separately, you must also submit a copy of your Form I-797, Notice of Action, receipt as evidence that you filed and paid the fee for From I-485 required on or after July 30, 2007."

I'm leaning towards paper-filing with the receipt and NO payment and see if it's refused. Has anyone else been in this position? I would love to know what was the outcome.

Thanks!

Edited August 17, 2012 by VTmaple

[Little_My 464]

The fee is waived when the I-131 is filed concurrently with AOS. Send it in via mail with the NOA for the AOS, and you'll be fine. However, it will most likely take 60-90 days for the AP to be approved.

[VTmaple 1]

The fee is waived when the I-131 is filed concurrently with AOS. Send it in via mail with the NOA for the AOS, and you'll be fine. However, it will most likely take 60-90 days for the AP to be approved.

Thanks!