AOS/I-912 form?

[Keysmarlin 0]

Hello everyone in VJ. I want to start by saying Thank God my wife and i are finally together! Also thanks to VJ and all who helped us along the way! My Asawa arrived here in USA in October of 2015. We were married shortly after and had a wonderful ceremony. After she arrived we have had some financial suprises including a car accident we were both in. So we are adjusting her status now. While my wife and i were sitting in our car at a red light, we were hit by a drunk driver from the rear. The man who hit us never touched the brakes so we got hit really hard and had to go straight to the ER for treatments and we are still in treatment now. Long story short now we are trying to adjust my wifes status and dont have the money as a result of me being out of work. I called the USCIS and explianed and they mentioned to fill out a I-912 Fee Waiver Form? I need to Adjust my wifes status then get her 3 kids here to the USA from the Philippines. Will filling out the i-912 hurt us or hurt getting the kids here? I just really need some help??? Currently i am filling all papers out but before i send i want to make sure i am doing the right thing. Also if there is any quicker way to get her children here quicker I love them as my own and also want my wife to be united with her kids as soon as possible. Please any help is always appreciated???

[Merrytooth 5,748]

Sorry, fee waiver does not apply to AOS where you the USC needs to provide I-864 to prove that the immigrant will not be public charge.

[EM_Vandaveer 2,417]

As for the kids, they need to apply for K-2 visas, the children need to enter within one year of their mother's entry.

That's the quickest way. But you will have to do Adjustment of Status for them, once they arrive.

Or (assuming they are all under 18), you can file for them as step-children,file I-130s for each of them, that takes about a year, but they would get GCs automatically after POE, no Adjustment of Status needed.

Edited June 22, 2016 by EM_Vandaveer

[Keysmarlin 0]

Sorry, fee waiver does not apply to AOS where you the USC needs to provide I-864 to prove that the immigrant will not be public charge.

Why did USCIS instruct me to do that when i called them??? not saying your not right? What is the Fee Waiver Form For then??? I really appreciate your help

Edited June 22, 2016 by Ryan H
Reason for edit: To remove double post

[Merrytooth 5,748]

USCIS hotline gives out misinformation to you.

Read the I-912 instructions:

https://www.uscis.gov/i-912

1. Form I-485, Application to Register Permanent Residence or Adjust Status. A fee waiver is only available if you are applying for lawful permanent resident status based on:
   - Special Immigrant Status based on an approved Form I-360 as an Afghan or Iraqi interpreter, or Afghan or Iraqi national employed by or on behalf of the U.S. government;
   - An eligibility category that is exempt from the public charge grounds of inadmissibility of section 212(a)(4) of the INA, such as the Cuban Adjustment Act, the Haitian Refugee Immigration Fairness Act, continuous residence in the United States since before January 1, 1972, ("Registry"), asylum status, Special Immigrant Juvenile status, or similar categories;

Non of the above applies to your case (adjust status based on K1 visa).

[Keysmarlin 0]

Well good and straight answer. What is ROC. Thank you very much for your help!

Edited June 22, 2016 by Keysmarlin

[Merrytooth 5,748]

ROC (I-751 form) is removal of conditions on the 2 year conditional green card.

-> fee waiverable

N-400 (Naturalization) is fee waiverable as well

[Keysmarlin 0]

Dont they make any exceptions?

Ok Thank you again and best wishes!!!

[Merrytooth 5,748]

Exceptions on what?

If you can't afford the AOS filing fee ($1070), how are you going to make USCIS believes your immigrant spouse won't be public charge?

You're the one who's bringing an immigrant to the country after all, so the responsibility falls on you.

Sorry that you are having a hard time now.

Maybe you could try to borrow the fees from your family / relatives / friends.

The sooner you file, the sooner your wife will be able to work and raise the filing fees to bring her 3 kids over to US.

[Ryan H 3,834]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Family Based Visas forum.