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cmh

i131 returned requesting fee

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My wife has a pending i485 which she included the receipt for and i192 (request for fee waiver) with required proof, when submitting i131. From our understanding the pending i485 itself should’ve waived the i131 fee, but they returned it to her citing incorrect or missing payment. Why?

Edited by cmh
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Exactly as above - you don't need a fee waiver. You need to show a pending I-485.

Having sent the fee waiver likely triggered it even if you did include the I-485 NOA1.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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The mistake was kinda yours too by including the fee waiver request. Imagine that the mail openers are not the brightest bulbs at USCIS, which is already known for not exactly attracting the best and brightest to work for them. You have to make things really, really simple for them.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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31 minutes ago, cmh said:

Did include the i797c for i485 citing biometrics appointment to be scheduled (which she finished a while ago). Guess we’ll leave the fee waiver out this time and include a cover letter. Shame USCIS makes these mistakes.

You will want to send a copy of the notice of action citing they received the i485 not the biometrics scheduling 

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13 minutes ago, p-ana said:

You will want to send a copy of the notice of action citing they received the i485 not the biometrics scheduling 

Pretty sure we’re on the same page with this. The one we sent (which is a double-sided photocopy of the front and back of the original, if that matters) says “Form I-797C, Notice of Action” at the top. At Notice Type it says Receipt. At Case Type it says I-485 etc. The big section below starts with “The above application/petition has been received by our office and is in process” and eventually says “Next Steps: USCIS will schedule a biometrics appointment” etc. Don’t think we received any receipt for the i485 before this. And it’s not the “ASC Appointment Notice” which we received later.

 

My wife is thinking of calling USCIS on Monday to confirm but pretty sure you guys have given the right answer already, cheers.

Edited by cmh
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Filed: Lift. Cond. (apr) Country: China
Timeline
On 6/15/2019 at 4:55 PM, cmh said:

Did include the i797c for i485 citing biometrics appointment to be scheduled (which she finished a while ago). Guess we’ll leave the fee waiver out this time and include a cover letter. Shame USCIS makes these mistakes.

To be sure, send in a copy of Form I-797C, Notice of Action, I-485 Application to AOS Receipt, NOT the Form I-797C, Notice of Action, ASC Appointment Notice. :thumbs:

 

Good luck on your immigration journey.

 

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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19 minutes ago, Pitaya (火龙果) said:

To be sure, send in a copy of Form I-797C, Notice of Action, I-485 Application to AOS Receipt, NOT the Form I-797C, Notice of Action, ASC Appointment Notice. :thumbs:

 

Good luck on your immigration journey.

 

Like I said, the receipt is exactly what we sent in:

 

On 6/15/2019 at 8:39 PM, cmh said:

Pretty sure we’re on the same page with this. The one we sent (which is a double-sided photocopy of the front and back of the original, if that matters) says “Form I-797C, Notice of Action” at the top. At Notice Type it says Receipt. At Case Type it says I-485 etc. The big section below starts with “The above application/petition has been received by our office and is in process” and eventually says “Next Steps: USCIS will schedule a biometrics appointment” etc. Don’t think we received any receipt for the i485 before this. And it’s not the “ASC Appointment Notice” which we received later.

 

My wife is thinking of calling USCIS on Monday to confirm but pretty sure you guys have given the right answer already, cheers.

 

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The agent today told my wife to resend STILL INCLUDING the i912; knowing that agents have given incorrect or contradictory info in the past, guessing we should ignore that? Just resend the i131, i485 receipt (which, again, we sent previously), required supporting docs, and this time, a cover letter with the i131 and i485 receipt numbers clearly explaining that the i485 is pending hence the i131 fee should be waived and why the i912 isn’t included this time.

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