Sent 864EZ for K1 AOS

[SunnyDayz 0]

Looking for guidance for my first post. My now husband arrived 7/15/20 on a K1 Visa. We married and submitted all paperwork on Sept 3 for AOS and was signed for on Sept 7 at Chicago Lockbox. I realized yesterday that we submitted the 864EZ and I should have done the 864. I have not received anything yet, but I’m expecting my package to be returned. Should I just resend everything with the 864 now or wait?  I want to avoid the fee increase. Thanks 

[Ayrton 965]

4 minutes ago, SunnyDayz said:

Looking for guidance for my first post. My now husband arrived 7/15/20 on a K1 Visa. We married and submitted all paperwork on Sept 3 for AOS and was signed for on Sept 7 at Chicago Lockbox. I realized yesterday that we submitted the 864EZ and I should have done the 864. I have not received anything yet, but I’m expecting my package to be returned. Should I just resend everything with the 864 now or wait?  I want to avoid the fee increase. Thanks 

No one can tell if they're gonna reject it or not. They might accept it and issue a RFE later on saying you sent the wrong Affidavit of Support. But if you send it again and both get accepted, then you will have two applications and you won't be able to get your money back

Edited September 21, 2020 by Ayrton

[geowrian 22,337]

Why do you think the I-864EZ won't be accepted? Which of the 3 questions did you answer "No" (or incorrectly answered "Yes")?

[Lucky2Lucky 2,526]

Wait for/if you get an RFE. You don't want two packages out there and rely on them finding each other... or them processing two petitions. 

[SunnyDayz 0]

Apparently the 864EZ is only for I130 (spouse)  not I129?  Am I mistaken?  

[geowrian 22,337]

Just now, SunnyDayz said:

Apparently the 864EZ is only for I130 (spouse)  not I129?  Am I mistaken?  

Neither an I-130 nor I-129F (I-129 is for a non-immigrant worker) uses an I-864. They are only petitions.

The I-485 is what requires the I-864.

If you qualify for an I-864EZ, you can use that instead of an I-864 just fine. The first 3 questions on the I-864EZ determine eligibility to use it.

[Ayrton 965]

2 hours ago, geowrian said:

Neither an I-130 nor I-129F (I-129 is for a non-immigrant worker) uses an I-864. They are only petitions.

The I-485 is what requires the I-864.

If you qualify for an I-864EZ, you can use that instead of an I-864 just fine. The first 3 questions on the I-864EZ determine eligibility to use it.

The Instructions actually specifies that it needs to be a I-130.

[SunnyDayz 0]

That’s why I feel like the package will be rejected. Just trying to decide what to do next because I realize the error. Ugh

[geowrian 22,337]

4 hours ago, Ayrton said:

The Instructions actually specifies that it needs to be a I-130.

The I-864EZ instructions do state that on page 1...hmm. But the form only says petitioner.

 

The instructions also contradict this when describing how to answer those 3 questions. See page 4:

Quote

Part 1. Qualifying to Use Form I-864EZ

You may use Form I-864EZ if the statements in Item Numbers 1.a. - 1.c. are all true. If you do not select “Yes” for all three boxes, you do NOT qualify to use Form I-864 EZ and therefore must use Form I-864. Submission of the incorrect affidavit will delay processing.

 

Item Number l.a. Select “Yes” if you are the petitioner who is filing or who has already filed Form I-130, Petition for Alien Relative; Form I-129F, Petition for Alien Fiancé(e); Form I-600, Petition to Classify Orphan as an Immediate Relative; or Form I-600A, Application for Advance Processing of Orphan Petition.

 

That said, I have certainly seen it be sent that way without being an issue.

[SunnyDayz 0]

Thanks for the responses. This is so confusing sometimes. Does anyone know if the whole package is rejected -am I notified before it returns in the mail via text or email?  That way I can have packet 2 ready to send ASAP. Or if I get RFE how do I get notified?  I’m annoyed at myself for doing this, but the bigger issue will be the fee increase Oct 2 that I REALLY want to avoid. Thanks again. 

[payxibka 10,045]

35 minutes ago, SunnyDayz said:

Thanks for the responses. This is so confusing sometimes. Does anyone know if the whole package is rejected -am I notified before it returns in the mail via text or email?  That way I can have packet 2 ready to send ASAP. Or if I get RFE how do I get notified?  I’m annoyed at myself for doing this, but the bigger issue will be the fee increase Oct 2 that I REALLY want to avoid. Thanks again. 

it should not be rejected.   You only get notified if accepted 

[Celebi 136]

On 9/22/2020 at 9:11 AM, SunnyDayz said:

Thanks for the responses. This is so confusing sometimes. Does anyone know if the whole package is rejected -am I notified before it returns in the mail via text or email?  That way I can have packet 2 ready to send ASAP. Or if I get RFE how do I get notified?  I’m annoyed at myself for doing this, but the bigger issue will be the fee increase Oct 2 that I REALLY want to avoid. Thanks again. 

Hi. I got an RFIE specifically for submitting the I-864EZ even though I qualified for it. They will not be rejecting the whole AOS package. You will simply get an RFIE letter to submit a completed I-864 form along with its requirements. They have accepted my new I-864 packet with no issues (so far 🤞).

[SunnyDayz 0]

18 hours ago, Celebi said:

Hi. I got an RFIE specifically for submitting the I-864EZ even though I qualified for it. They will not be rejecting the whole AOS package. You will simply get an RFIE letter to submit a completed I-864 form along with its requirements. They have accepted my new I-864 packet with no issues (so far 🤞).

Thanks. How long did it take for a response?  Feeling nervous with the upcoming fee increase and I’ve heard nothing!

[Celebi 136]

4 hours ago, SunnyDayz said:

Thanks. How long did it take for a response?  Feeling nervous with the upcoming fee increase and I’ve heard nothing!

My timeline is in my signature but here it is for you

Aug 21, 2020 - USCIS account updated to RFE (waiting for mail)

Aug 27, 2020 - Hard copy of RFIE received in the mail (I-864EZ rejected)

Aug 31, 2020 - Response to RFIE sent to NBC

Sept 9, 2020 - Response to RFIE received by USCIS