Help! K-2 AOS, Fee Returned

[PipeVero23 0]

Hello everybody

So i am filling for my wife and stepson. I485, Employment for my wife, and AP for both.

Im not sure if USCIS made a mistake, i was returnes the $635 check for my stepson with a rejection notice for the wrong fee on I131, i thought it was waived since his apply for i485? Also they sent back some support documents needed for i485 on my wifes side. I believe both I485's were accepted.

[Pitaya 2,577]

Hello everybody

So i am filling for my wife and stepson. I485, Employment for my wife, and AP for both.

Im not sure if USCIS made a mistake, i was returnes the $635 check for my stepson with a rejection notice for the wrong fee on I131, i thought it was waived since his apply for i485? Something is amiss. Also they sent back some support documents needed for i485 on my wifes side. Any explanation/USCIS documentation provided? I believe both I485's were accepted. Not likely if stepson's AOS (I-485) fee (?) was returned.

Welcome to the forum.

More details are needed in order to better understand the situation, such as,

1. What is the age of the stepson?
2. Why didn't you file EAD for stepson?
3. What Form I-797 receipts have you received?

Good luck on your immigration journey.

[PipeVero23 0]

Hello and thank you for posting!

1. He is 3yrs old

2. I dont think he needs to work right now.

3. I only received the 797 for that error. om I-131 for my stepson.

Im currently double checking the confimation numbers MSC.... on USCIS My Case Status

[PipeVero23 0]

I believe they messed up. there is no I485 for my stepson on the MSC.... numbers. or does that mean USCIS is did not require I485 for my step son? makes no sense, since i made all the paperwork for i485 on my stepson

[Hypnos 6,576]

Have you received a receipt notice for your stepson's I-485?

Something to bear in mind is that a K-2 needs an EAD or green card in order to obtain a social security number (whereas a K-1 needs only an I-94 with at least 14 days of validity remaining), so it's generally a good idea to obtain an EAD for them even though they will obviously not be working. There is no charge, after all.

[PipeVero23 0]

No, and i sent all the paperwork for it. i believe thought i just sent the paperwork for i 131, which makes no sense. Should i send all the paperwork again with the $635 check and stating that he is applying for i485, EAD, and i131. which i originally did...

[Pitaya 2,577]

I am a little confused. Is this what you sent, forms specific for each person?

For wife: I-485, I-131, I-765, Medical papers, supporting documents, $1070

For son: I-485, I-131, Medical papers, supporting documents, $635

Edited January 11, 2015 by A&B

[Hypnos 6,576]

If you've sent an I-485 for the child already then don't send another - that would just be a recipe for disaster. Wait a couple of weeks and see if the cheque clears. The NOAs may have gotten separated in the mail.

If you did not send in an I-485 for your stepchild then you have located the source of your problem.

Edited January 11, 2015 by Hypnos

[KayDeeCee 4,893]

If they returned the $635, then they will not be processing the I-485 without a fee, so he would need to refile them all for the K-2. Not sure why they rejected it to begin with. Someone messed up.

[PipeVero23 0]

yes, i believe they messed up badly. i sent all the paperwork with i485, ead, and ap. and a letter stating what happen. i am in chicago so i hoping to get a reply soon. i am calling monday morning to see what actually happened