I-485 returned. A mistake? Any ideas what to do next?

[leaann 0]

Hello everyone!

I hope you'll be able to help or just give me some ideas what to do next.

10/01/2013 we filed (me and my husband) for AOS with I-912 request for a fee waiver. 10/14/2013 we got two NOA I-797C: one (my husband's) saying that it was approved and mine that it was rejected due to lack of the check or any evidence that I am elegible for a fee waiver.

We filed two I-485 (with the rest of the documents) for each of us and one I-912 for both of us as a family (with him as the main applicant), as suggested in the instructions provided by USCIS to the form I-912. In our family he is mantaining me, he is working part-time and receiving benefits, I am not working and I am not elegible for the benefits. It was all stated in the I-912 form and signed by both of us.

It's a bit confusing that they accepted his and not mine since I am his dependant. It's like they didn't connect my case with his although all the documents were sent in the same envelope.

What should I do now? Should I send back my documents with the copy of his I-912 and his NOA approving fee waiver and with some cover letter explaining the situation? If so, should they be the same documents that they sent back to me, which seem kind of "processed" having some numbers at the right margin and some signatures or should it be a completely new package with the current date?

Or should I send the same/new package of documents with an I-912 only with my name as an applicant?

With the I-797C I got attached a letter on a green sheet saying "place this letter on top of your application package. This will flag your application to receive special attention when it is re-processed" - is it good or bad? Do they really put a special attention or is it like "it was already here and rejected, so let's reject it without paying attention"? I know I'm going a liitle bit crazy right now, but it's being tough...

Any thoughts highly appreciated!

[KayDeeCee 4,896]

Is this you? Your story is exactly the same but you have a new account now? > http://www.visajourney.com/forums/topic/460154-i-912-request-for-fee-waiver-rejected-for-one-of-the-family-members-help-pls/

I do not really know the answer to your question as I have never filed a fee waiver before, but I would go with providing a copy of his approval and form along with the fee waiver and your I-485 and supporting documents again and include an explanation and your eligibility to file under the Cuban Adjustment Act and to receive a fee waiver. Place the green sheet on top of everything as instructed.

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas- not an AOS from a family based visa ~