Complicated - misprinted checks, 130 rejected, 485 loose in mail

[pperry 1]

Hello everyone, thank you in advance for any thoughts or opinions you have on this case... it's a bit complicated, so I'll be brief in the details:

 

I am the petitioner, US Citizen, husband the applicant is a Canadian who is here on a (now expired) B2 Visitor for pleasure visa.

 

Sent in a fat package on 2/20/20, four days before his I-94 expired. I-130, I-130A, I-485, I-601, I-864, I-765, with four checks for the separate fees. This was an immaculate package - tabbed at the bottom, 2 hole punched at the top with fasteners, cover letters, etc.

 

Around 3/10, discovered by way of my rent check bouncing, that my personal checks had been misprinted by the bank with the WRONG account number on them. This was unfixable. Spoke to USCIS on the phone, who couldn't confirm receipt of the package yet, but they said that the package would be sent back, and that I should just resubmit with new checks. They said his I-94 expiring wouldn't be a problem because I am a US Citizen?

 

Fast forward, I-130 received 3/26/2020, notification received. Called USCIS to inquire about the bad check, offering to pay online, they said I would have to wait for the payment dept to reject the payment.

 

A few days later, I receive in the mail the three other checks, sent back 3/26 with a notice that said "Recently, you submitted an application for immigration benefits. That form was submitted with an extra remittance that is not required to process your application. Your payment is being returned to you with this notice. No additional action by you in required at this time." Stapled to this notice were the three checks for I-485, Biometrics fee, and I-601.

 

A few days later, I receive the I-485 package back (it was fastened with I-601, I-765, I-864 and all relevant materials) in an envelope from my local post office marked "FOUND LOOSE IN MAIL".

 

I can see in my USCIS account online that the I-130 was in fact rejected 4/7/2020 due to the check being bad. I paid the $30 fee accordingly.

 

So NOW, I'm trying to decide what I should do. This may be a blessing in disguise, because, of course, due to COVID19, I have been furloughed, so my I-864 is inaccurate.

 

So I'm assuming I need to re-do the I-864, AND get a joint sponsor.

 

What I'm wondering is... why would they send back the checks and the I-485 package separately, the same day my I-130 was received, and 11 days BEFORE they rejected it? Why wouldn't they have kept all of the materials until the I-130 was rejected, if it was a concurrent filing? Also, do I need to redo all of the forms in the I-485 package so they have matching dates with the new I-130 package?

 

Thanks for any thoughts/advice! We have a new baby so these things can't be worse timed.

[Crazy Cat 42,413]

When you resubmit the entire package, make sure to include an I-131.......why did you send the I-601?  

BTW, there is no fee for the I-765 and I-131 if sent with or after submission of a proper I-485.

 

You might benefit by reviewing this guide if you haven't already done so:  

 

Edited April 10, 2020 by Lucky Cat

[geowrian 22,338]

1 hour ago, pperry said:

They said his I-94 expiring wouldn't be a problem because I am a US Citizen?

Overstay is not a bar for AOS as the IR of a USC.

 

1 hour ago, pperry said:

So I'm assuming I need to re-do the I-864, AND get a joint sponsor.

Unless you either obtain suitable employment income OR have sufficient assets, yes.

 

1 hour ago, pperry said:

I-130, I-130A, I-485, I-601, I-864, I-765, with four checks for the separate fees.

Why an I-601? What inadvisability is being waived? Edit: Answered below right as I posted this.

No fee for an I-131 or I-765 when filed due to an I-485. No fee for the I-864.

An I-944 is required since you are filing after 2/24.

 

Edit: Yes, include an I-131. It's not required but there is no good reason not to file one....it's no extra cost and things happen where you may need to leave the US and return.

Edited April 10, 2020 by geowrian

[pperry 1]

38 minutes ago, Lucky Cat said:

When you resubmit the entire package, make sure to include an I-131.......why did you send the I-601?  

BTW, there is no fee for the I-765 and I-131 if sent with or after submission of a proper I-485.

 

Well....the I-601 is for his crime of moral turpitude. Canadian equivalent of grand theft in 2004. Lots of good evidence for his sentance served and rehab. He got his other waiver to enter the country approved hence he's here, so we think since it's been 15 years past the crime plus we have hardship evidence (baby, and my mother has a brain injury). 

 

I didn't do a I-131 because it asked for a date of travel, and we didn't plan on leaving the USA until after the application went through, since from what I read the I-131 doesn't actually guarantee re-entry? Thank you for the guide though I'll check that out.

[geowrian 22,338]

1 minute ago, pperry said:

I didn't do a I-131 because it asked for a date of travel, and we didn't plan on leaving the USA until after the application went through, since from what I read the I-131 doesn't actually guarantee re-entry? Thank you for the guide though I'll check that out.

TBD, or "As needed" is fine. The date and reason doesn't really matter for your purposes. For some circumstances, you need a valid reason and/or specific date(s). For AP due to AOS, you do not.

 

Only USCs are guaranteed entry. But unless there is a reason for refusal, AP is not an issue to leave and return. Things happen. Better to have it than not have it.

[irishoxford 39]

PPerry,

You'll also need to include the I-944 now, as well as the updated versions of several of those previous forms (at least the I-485 and I-765 were updated as part of the public charge ruling, but make sure that you look yourself!)

If you husband finished high school, he'll need evaluated transcripts, as well as a credit report, and several other items.  It's a little onerous, so best to acquaint yourself with it early (if you're in any sort of moderate rush).  

J

 

Edited April 10, 2020 by irishoxford

[pperry 1]

On 4/10/2020 at 7:36 PM, irishoxford said:

PPerry,

You'll also need to include the I-944 now, as well as the updated versions of several of those previous forms (at least the I-485 and I-765 were updated as part of the public charge ruling, but make sure that you look yourself!)

If you husband finished high school, he'll need evaluated transcripts, as well as a credit report, and several other items.  It's a little onerous, so best to acquaint yourself with it early (if you're in any sort of moderate rush).  

J

 

Thanks for this everyone...I wouldn't have noticed the new form!  Yay...more documentation to find...and since he's been in the USA not working for a year, this application is looking better and better. Do they consider this as heavily if I have an 864 co-sponsor?

 

Also, does anyone have an idea why they would have sent back the I-485 packet upon receipt? Since it came loose in the mail I have no idea why it was sent back...I could see them sending it back after the I-130 was rejected...but why immediately  upon receipt?

[Villanelle 4,122]

On 4/10/2020 at 6:06 PM, pperry said:

 

 

A few days later, I receive the I-485 package back (it was fastened with I-601, I-765, I-864 and all relevant materials) in an envelope from my local post office marked "FOUND LOOSE IN MAIL".

 

 

On 4/10/2020 at 6:06 PM, pperry said:

 

 

 

What I'm wondering is... why would they send back the checks and the I-485 package separately, the same day my I-130 was received, and 11 days BEFORE they rejected it? Why wouldn't they have kept all of the materials until the I-130 was rejected, if it was a concurrent filing? Also, do I need to redo all of the forms in the I-485 package so they have matching dates with the new I-130 package?

 

Thanks for any thoughts/advice! We have a new baby so these things can't be worse timed.

Sounds like the package got torn up at the post office- hence why part of the content was returned to you by them labeled as 'found loose in mail'. Im interpreting that to mean the post office found those papers loose in the mail and returned them to you. So the package USCIS received contained checks for forms that werent in the package. You got lucky! Saved 30$ for each of those checks it seems. 

 

Stuff goes through a mail room at USCIS- so the odd checks were returned to you with a notice. Your bad check +form was processed and rejected due to the error with the check. So you are back to zero with USCIS. 

[pperry 1]

11 hours ago, Villanelle said:

Sounds like the package got torn up at the post office- hence why part of the content was returned to you by them labeled as 'found loose in mail'. Im interpreting that to mean the post office found those papers loose in the mail and returned them to you. So the package USCIS received contained checks for forms that werent in the package. You got lucky! Saved 30$ for each of those checks it seems. 

 

Stuff goes through a mail room at USCIS- so the odd checks were returned to you with a notice. Your bad check +form was processed and rejected due to the error with the check. So you are back to zero with USCIS. 

This was a scenario I hadn't considered! Thank you! So odd that the package had tracking though. I wonder if the package opened up, the I-485 slid out, and the carrier thought that the package was fine, just opened...The only odd thing would be the fact that the I-485 didn't make it back to us until over a month after it's original shipment. But this DOES make the most sense for sure. I may go to my local post office listed on the new envelope and inquire as to how long it would have taken for it to be sent...perhaps they'll have some insight/remember the piece since it's unique.