fee wavier request

[lecilia 15]

So if I filed wavier and my ROC  before November when it expires it will be okay if denied they will send back, for me to pay?

[Going through 5,671]

2 hours ago, lecilia said:

So if I filed wavier and my ROC  before November when it expires it will be okay if denied they will send back, for me to pay?

Once you file the waiver, it takes USCIS at least 30 days to respond in writing whether it is approved or not.  Should your GC expire while waiting for an approval/denial from USCIS it is "held"....meaning that the expiry date does not go into effect unless you get a denial on the waiver.  

 

You file the fee waiver request form and the ROC form together in the same packet.  Place the fee waiver form and evidence directly on top of your application.  Separate the fee waiver form and evidence submitted for that from your ROC form (and ROC evidence) using a big rubber band, so USCIS knows there are two separate applications in your package.

 

If you are denied the fee waiver, then USCIS will send the entire application package back with a letter requesting payment.  This does NOT mean that your application has begun process and they are waiting for payment.  Rather, it means that your GC expiry date is now again in effect (if your card is already expired or about to expire) and you will be out-of-status if you do not re-file the ROC form with proper payment before your card is expired.  Basically when USCIS returns the package to the applicant, it is as if they never received the application in the first place.

 

If your waiver is approved, USCIS will begin processing your application and send you back a receipt notice stating so.

Edited August 14, 2017 by Going through

[Frips 166]

Long story short if you are planning to file waiver with ROC do it asap, like this month, so you have time to re-file it with a check if they deny your waiver.

Edited August 14, 2017 by Frips

[lecilia 15]

thank you all so much again really means so much as i have no idea what im doing spoken to a friend, shes loaning me $200 so far so i have to come up with the 480ish myself which hopefully i get this job tommorow and i can actually do that. the wee wavier i just worry to much about it as even if i file now wouldnt i go out of status waiting and if they deny it what ide be in removal proceedings ? hopefully i can pull this off.

Edited August 14, 2017 by lecilia

[Going through 5,671]

5 minutes ago, lecilia said:

thank you all so much again really means so much as i have no idea what im doing spoken to a friend, shes loaning me $200 so far so i have to come up with the 480ish myself which hopefully i get this job tommorow and i can actually do that. the wee wavier i just worry to much about it as even if i file now wouldnt i go out of status waiting and if they deny it what ide be in removal proceedings ? hopefully i can pull this off.

I was thinking about you this morning, actually.  I'm glad you came back to this thread to update.

 

I explained in my earlier post about whether you would be out of status while the waiver application is pending.  Re-read that.

 

Good luck on getting the job!  I would still go ahead and file the waiver, if I were you----the worst they can say is no....but what if they say yes?

[Going through 5,671]

4 minutes ago, Going through said:

if they deny it what ide be in removal proceedings ?

This part was explained on page 1 of this thread..

[Crazy Cat 41,847]

1 hour ago, lecilia said:

thank you all so much again really means so much as i have no idea what im doing spoken to a friend, shes loaning me $200 so far so i have to come up with the 480ish myself which hopefully i get this job tommorow and i can actually do that. the wee wavier i just worry to much about it as even if i file now wouldnt i go out of status waiting and if they deny it what ide be in removal proceedings ? hopefully i can pull this off.

Please, please keep us informed as to the progress of your ROC.  We all wish you the very best!!!

[geowrian 22,337]

7 hours ago, Going through said:

Rather, it means that your GC expiry date is now again in effect (if your card is already expired or about to expire) and you will be out-of-status if you do not re-file the ROC form with proper payment before your card is expired.

You won't be out of status if you do not file for ROC by the green card's expiration date. The green card is only proof of your LPR status...your LPR status exists until they make a decision to terminate it. This does not automatically trigger. Once you pass the expiration of the green card (without a currently pending ROC case), you are at risk of them starting the process to terminate status (and have no proof of your current status, so traveling abroad and such would not be wise).

Edited August 14, 2017 by geowrian

[Villanelle 4,122]

2 hours ago, geowrian said:

You won't be out of status if you do not file for ROC by the green card's expiration date. The green card is only proof of your LPR status...your LPR status exists until they make a decision to terminate it. This does not automatically trigger. Once you pass the expiration of the green card (without a currently pending ROC case), you are at risk of them starting the process to terminate status (and have no proof of your current status, so traveling abroad and such would not be wise).

I use to think this too. However with a conditional GC if you fail to file ROC USCIS considers that your way of stating you no longer wish to be a LPR and can (eventually) terminate your status. I say eventually because you know how USCIS works. Nothing is immediate. But failing to file ROC means you are surrendering your status. Its automatic. Slow automatic but nonetheless automatic.

[Villanelle 4,122]

Lecilia - if your income is at or below 150% of the poverty guidelines then you qualify for the fee waiver. Its that simple. It seems as if you are stating your income is below that so you should have no problem submitting the ROC now with the fee waiver +proof of your income. 

[geowrian 22,337]

2 minutes ago, Damara said:

I use to think this too. However with a conditional GC if you fail to file ROC USCIS considers that your way of stating you no longer wish to be a LPR and can (eventually) terminate your status. I say eventually because you know how USCIS works. Nothing is immediate. But failing to file ROC means you are surrendering your status. Its automatic. Slow automatic but nonetheless automatic.

Touchè. I just did some deeper digging and see the same Thanks for the clarification.. Albeit it's kinda weird that they immediately terminate status but delay the NTA and accept late filings (with a "good" reason). It's like they actually know how slow they are sometimes...

[Going through 5,671]

10 minutes ago, geowrian said:

Touchè. I just did some deeper digging and see the same Thanks for the clarification.. Albeit it's kinda weird that they immediately terminate status but delay the NTA and accept late filings (with a "good" reason). It's like they actually know how slow they are sometimes...

Consider it a grace period  

[Kim and Jermaine 28]

I filed my ROC with a Request for Fee Waiver. It took 2 weeks exactly from day I mailed it to Vermont until I got the extension letter and notice of *Fee Waived*. The green card only had 3 weeks before expiration left. I waited until the last minute. It's ok, you have plenty of time. 

 

I sent copies of IRS Tax Transcripts from previous 2 years.

 

Last 4 pay check stubs from my husband's employer.

 

Copies of all the bills.

 

Copy of lease agreement for our home.

 

Copy of Notice to Vacate Premises or Eviction from our home to show that we struggled to pay our last month's rent, and I included the rent receipt to show we paid late.

 

Fees we had for my kids school fees that were due and over $200 and I mentioned the extra expense of school clothes and supplies.

 

Copies of doctor bills, distances to specialist to prove gas expenses to see doctors.

 

Copies from Social Security to prove I filed for SSDI.

***

If you have any kind of expense, (traffic tickets, lawyer fees, auto repair, etc) just send copies of everything. Then, in the cover letter for I-912, tell them your situation. I told them how I was now unable to work until I recover from illnesses, I told them everything we struggle with. 

Maybe you can have a friend or family member put the 2 cover letters together for you and type it out with correct wording and punctuation.  You want to make it as easy as possible for the worker who is handling your case.

Good Luck! 💖

Edited August 22, 2017 by Kim and Jermaine