FORM I-912 - Request For Fee Waiver

[WinterRose 2]

Hello, my husband and I are trying fill out the forms for the I-912, and was wondering who is suppose to fill it out? Is it the petitioner (me) or the person who is adjusting his or her status (my husband)? I am a bit confused, since we are hoping to waive the fee for the I-485, I-131, and the biometric services fee. Or, must I file a form for the I-485, and my husband file the forms I-131 and the biometric services fee? 

Also, I'm a U.S. Citizen and my husband is on his F-1 Visa who is on OPT.

Much guidance would be appreciated.

Edited April 4, 2017 by WinterRose

[Transborderwife 4,666]

Not possible in your likely situation   You'll have to come up with the money 

[WinterRose 2]

In order to apply for a fee waiver, I must be working or have a certain amount of income right? Or is it not possible since my husband is on his F-1 Visa? I have a sponsor for the affidavit form, but was wondering if it's possible to apply for the I-912. I do have enough to pay for the actual fees, but was hoping I could save some money and try to apply. So it's not possible? 

Edited April 4, 2017 by WinterRose

[Transborderwife 4,666]

1 minute ago, WinterRose said:

In order to apply for a fee waiver, I must be working or have a certain amount of income right? Or is it not possible since my husband is on his F-1 Visa? I have a sponsor for the affidavit form, but was wondering if it's possible to apply for the I-912. I do have enough to pay for the actual fees, but was hoping I could save some money and try to apply. So it's not possible? 

You may not get a fee waiver for an adjustment of status.  The point is that you're supposed to be able to afford it and to look after the intending immigrant. Also having the money but wanting to apply for a fee waiver?  There's no short cuts.

[Ben&Zian 4,398]

With a co-sponsor also, they become liable and also legally responsible for the adjusting immigrant, so if you yourself cannot come up with the money, they most likely would be expected to pay for it then for you.

[WinterRose 2]

3 minutes ago, Transborderwife said:

You may not get a fee waiver for an adjustment of status.  The point is that you're supposed to be able to afford it and to look after the intending immigrant. Also having the money but wanting to apply for a fee waiver?  There's no short cuts.

I mean, I do understand that point. However I fall under those who's income is at or below 150% of the federal poverty guidelines and thought I'd be applicable to apply? The plan was that we both would be working if he's able to adjust his status...

[WinterRose 2]

5 minutes ago, Ben&Zian said:

With a co-sponsor also, they become liable and also legally responsible for the adjusting immigrant, so if you yourself cannot come up with the money, they most likely would be expected to pay for it then for you.

Do you mean the co-sponsor would be responsible for the application fees if I'm not able to? Sorry if I'm understanding that incorrectly. 

[Ben&Zian 4,398]

Just now, WinterRose said:

Do you mean the co-sponsor would be responsible for the application fees if I'm not able to? Sorry if I'm understanding that incorrectly. 

 

Once you and the co-sponsor file the I-864 form, you both are legally responsible to support the intending immigrant who is adjusting status and to not allow them to become a public charge... if between the two of you, you and the co-sponsor, can't come up with th $1225 filing fees, who can you both guarantee, or USCIS be convinced that the person adjusting status would be fine financially? 

 

They don't look at "He's graduating soon potentially so within 1-2 years he'll be making money"... they want to see it now.

 

Also heres a link through NOLO about waiver fee not being acceptable for I-130 and I-485 forms - http://www.nolo.com/legal-encyclopedia/can-fee-waiver-apply-our-green-card-adjustment-status.html

[Ben&Zian 4,398]

6 minutes ago, WinterRose said:

Do you mean the co-sponsor would be responsible for the application fees if I'm not able to? Sorry if I'm understanding that incorrectly. 

 

 

Also, here, sorry was reading through it, from the USCIS.gov site itself on applicable things for fee waiver : https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2011/March/FeeWaiverGuidelines_Established_by_the_Final Rule_USCISFeeSchedule.pdf

 

You'll notice under the 10.9 #2, general waiver fees, I-485 and I-130 do not apply....

 

Then under #3, Conditional waiver fees, it does list for the I-485, but with very specific special things listed needed to qualify for this.... whic does not apply to just adjusting status through marriage....

 

 Form I-485, Application To Register Permanent Residence or Adjust Status, for the following individuals:

o An Afghan and Iraqi Interpreter who has received a Special Immigrant Visa;

o A “Registry” applicant filing under section 249 of the INA who has maintained continuous residence in the United States since before January 1, 1972; or

o An applicant who is exempt from the public charge grounds of inadmissibility under section 212(a)(4) of the INA, including but not limited to the following circumstances:

 Applications filed by asylees under section 209(b) of the INA

;  Applications for Special Immigrant Juveniles;

 Applications under the Cuban Adjustment Act, the Haitian Refugee Immigration Fairness Act (HRIFA), and the Nicaraguan Adjustment and Central American Relief Act (NACARA), or similar provisions; and

 Applications filed by Lautenberg Parolees.

 

[WinterRose 2]

13 minutes ago, Ben&Zian said:

 

Once you and the co-sponsor file the I-864 form, you both are legally responsible to support the intending immigrant who is adjusting status and to not allow them to become a public charge... if between the two of you, you and the co-sponsor, can't come up with th $1225 filing fees, who can you both guarantee, or USCIS be convinced that the person adjusting status would be fine financially? 

 

They don't look at "He's graduating soon potentially so within 1-2 years he'll be making money"... they want to see it now.

 

Also heres a link through NOLO about waiver fee not being acceptable for I-130 and I-485 forms - http://www.nolo.com/legal-encyclopedia/can-fee-waiver-apply-our-green-card-adjustment-status.html

Doesn't the I-864 form come later after submitting the I-485? I basically wanted to handle the application fees myself and not rely on the co-sponsor since I'll be the main caretaker. The fees are around $1,225? I was thinking it would be about $2,000. But I can definitely pay for the filing fees, it's just that I was at an agency and they handed me a fee waiver form as well. So as I was trying to complete it, I felt stumped not realizing whom was to fill it out. 

 

Thank you you for the link, I seen prior to posting the question. But I thought I'd just submit along with the I-485 form.

 

Thank you for providing the necessary information Ben&Zian! I read those information previously as well, perhaps I wasn't understanding something clearly. I will just submit the I-912 form along with other required documents. I hope it goes well...

 

Edited April 4, 2017 by WinterRose

[Ben&Zian 4,398]

3 minutes ago, WinterRose said:

Doesn't the I-864 form come later after submitting the I-485? I basically wanted to handle the application fees myself and not rely on the co-sponsor since I'll be the main caretaker. The fees are around $1,225? I was thinking it would be about $2,000. But I can definitely pay for the filing fees, it's just that I was at an agency and they handed me a fee waiver form as well. So as I was trying to complete it, I felt stumped not realizing whom was to fill it out. 

 

Thank you you for the link, I seen prior to posting the question. But I thought I'd just submit along with the I-485 form, even if the fee waiver gets rejected.

 

 

 

I believe you also need to supply I-130 form, that has it's own $535 filing fee. The $1225 is for the I-485 and Biometrics. 

 

Whether for you this means adding them together or what not, unsure; but again by what it shows on the filing fee deal from USCIS itself, neither qualifies for a fee waiver.

 

Each case is unique and you can definately submit it with the forms and see what happens; but I wouldn't be to hopeful and would be expecting them to send it back asking for the proper fees.

[WinterRose 2]

7 minutes ago, Ben&Zian said:

 

I believe you also need to supply I-130 form, that has it's own $535 filing fee. The $1225 is for the I-485 and Biometrics. 

 

Whether for you this means adding them together or what not, unsure; but again by what it shows on the filing fee deal from USCIS itself, neither qualifies for a fee waiver.

 

Each case is unique and you can definately submit it with the forms and see what happens; but I wouldn't be to hopeful and would be expecting them to send it back asking for the proper fees.

Sorry, I kind of edited my previous post. 

I understand, and will see how it goes. My husband must get his physical examination done first before we submit our forms and documentations.

 

Thank you for explaining it in a way that I could grasp.

 

Do you by any chance know what happens if the I-485 is not approved? Would we have to pay the application fees again? 

Edited April 4, 2017 by WinterRose

[WinterRose 2]

Unrelated to the fee waiver, but do I have to file the I-130 if my husband is already in the U.S. under a F-1 Visa and is here for OPT purposes? We can't file the I-485 first?

Edited April 5, 2017 by WinterRose

[p-ana 933]

7 hours ago, WinterRose said:

Unrelated to the fee waiver, but do I have to file the I-130 if my husband is already in the U.S. under a F-1 Visa and is here for OPT purposes? We can't file the I-485 first?

You can file for the i130 first then i485 but not the later first.

you don't need to send the medical with the i485 docs, if you read on uscis.gov it says it can be taken to interview

[geowrian 22,338]

18 hours ago, WinterRose said:

Do you by any chance know what happens if the I-485 is not approved? Would we have to pay the application fees again? 

If the I-485 is accepted but not approved, then he will be out of legal status in the US and become deportable. Depending on why the I-485 is denied, refiling may not be possible...only trying to appeal the decision. But if you have a legitimate marriage and a joint sponsor for the the I-864, I wouldn't even start thinking about a denial.

 

12 hours ago, WinterRose said:

Unrelated to the fee waiver, but do I have to file the I-130 if my husband is already in the U.S. under a F-1 Visa and is here for OPT purposes? We can't file the I-485 first?

You can do the I-130 first and then the I-485, but concurrent filing of both forms is available and that is normally the suggested course. The I-130 does not grant any legal status or authorized stay while it is pending, so if his F1 status is terminated or expires while that is still pending, he would be out of status. The I-485 would grant authorized stay while it is pending, so normally concurrent filing is preferred.