I-912 Request for fee waiver rejected for one of the family members. Help, pls...

[Ances 0]

Hello,

I would really really appreciate any help because I received today a rejected package and I am totally confused and almost depressed right now...

My husband is Cuban, I am his non-Cuban spouse, we applied for AOS two weeks ago. We sent all the documents in one envelope. We sent request for a fee waiver I-912 one in the package as they say in the instructions that there can be filed one fee waiver request for all the family members. It was signed by both of us and there was that I am his dependant, he is working and receiving benefits and I am not working and I am not applicable for the benefits.

Today we got two envelopes. In the first one there was the I-797C notice of action that his fee waiver has been approved. In the second one there was a whole package of my documents with I-797C Rejection notice saying that I "did not provide acceptable evidence that I receive the benefits."

Was we supposed to sent two of I-912?

What should I do now - sent another package of my papers this time with I-912 and the documents that my husband is receiving the benefits? There will be his name, not mine!

How come that they accepted his waiver and rejected mine if we apply as a family?

Is it possible that it was rejected by a mistake? In the package of my documents there was one of his documents!!! (G-1145)

Thanks in advance! I will appreciate any thoughts...

[KayDeeCee 4,896]

What are you applying for as a family? Which family members? What visas are you adjusting status from?

A fee waiver can only be used with the I-485 if applying based on certain situations. Are you adjusting based on one of these listed? > http://www.uscis.gov/files/form/i-912instr.pdf

Filling in your timeline and providing more details in your posts will be helpful for people to be able to more accurately answer your questions.

[Ances 0]

Thank you Jay-Kay for your response and advice, I'll try to figure out how to fill the timeline.

As I said my husband is Cuban, he entered to the US in August 2012 as a political asylee and is paroled for 2 years. I entered in August 2012 with B2 tourist visa. We're physically present here for more than a year and we're adjusting the status under Cuban Adjustment Act. He is Cuban, I am his non-Cuban spouse so I am his family member. Only he is working, he has the benefits (food-stamps), I don't have work permit.

We filed 10/01/2013 I-485 each one and I-912 one for both of us. We got two NOA is from 10/09/2013 his free waiver was approved and mine was rejected because of lack of evidence that I or a relevant member of my household is receiving benefits, which is confusing because they accepted his fee waiver...

[Pitaya 2,577]

~Moved from Family-based AOS to Work, Student, Tourist-based AOS Forum~

~Inquirer adjusting from tourist visa~

[Umka36 781]

OP, on which basis are you trying to qualify for the waiver on? You stated that you are neither a Cuban or Aslyee, which is what your husband qualifies under. Am I missing something in regards to how the waiver works?

Edited October 15, 2013 by Umka36

[Ances 0]

I qualify on the same basis as my husband. He is Cuban, he is adjusting his status under CAA, so do I. I couldn't adjust my status under this act if I'm not married to a Cuban. So the same rule applies to the fee waiver, am I right?

http://www.uscis.gov/files/form/i-912instr.pdf

Which Applications and Petitions will USCIS consider for a fee waiver?

5. Form I-485 (...) based on:

e) An adjustment provision that does not require that you are not likely to become a public charge, such as the Cuban Adjustment Act (...)

He is the only person in our family who is working and receiving benefits, he is a relevant family member to me. In the I-912 was stated that he is applying for 2 fee waivers, there was my name and signatures of both of us.

I know a Cuban-Colombian couple who did it on the same basis.