When to complete I-131

[PWB 213]

We submitted the I-131 at the same time we submitted our I-485.  The I-131 was returned for what was stated as incorrect payment amount.  It was our interpretation that no fee was required for the 1-131 if you filed the 485 and the 131 at the same time.  A review of requirements indicate to me that if you do what we did, that being to file while in the United States, no fee is required.  What is not clear is some language we came across that says you must complete Biometric requirements before filing I-131. We called USCIS and was told we needed to pay $660.00 for the 1-131.  Then USCIS stated that we had to comply with a C-9 requirement and now we are completely lost.  Can anyone help us with this. 

[payxibka 10,045]

1 hour ago, PWB said:

We submitted the I-131 at the same time we submitted our I-485.  The I-131 was returned for what was stated as incorrect payment amount.  It was our interpretation that no fee was required for the 1-131 if you filed the 485 and the 131 at the same time.  A review of requirements indicate to me that if you do what we did, that being to file while in the United States, no fee is required.  What is not clear is some language we came across that says you must complete Biometric requirements before filing I-131. We called USCIS and was told we needed to pay $660.00 for the 1-131.  Then USCIS stated that we had to comply with a C-9 requirement and now we are completely lost.  Can anyone help us with this. 

They made a  mistake.   The i131 continues to be fee waived when filed concurrently or after the i485.  Your solution is to resubmit the i131 with a copy of your i485 NOA1.   The biometrics is for a reentry permit,  you should be applying for advance parole

[JonSeattle 202]

Did you file your 485 as  ( c )( 9) ? The instructions are very tricky on that part as they would lead K-1s to think it should be something else, but that other option is only valid for the first 90 days after entry.

 

[TBoneTX 45,304]

Thread is moved from the K-1 Process forum to the "AOS from K Visas" main forum.

[PWB 213]

14 hours ago, JonSeattle said:

Did you file your 485 as  ( c )( 9) ? The instructions are very tricky on that part as they would lead K-1s to think it should be something else, but that other option is only valid for the first 90 days after entry.

 

Don't understand C-9   We went over the form numerous times looking for C-9 and can not find anything like that.    

[Adventine 3,196]

1 hour ago, PWB said:

Don't understand C-9   We went over the form numerous times looking for C-9 and can not find anything like that.    

 

I think @JonSeattle was referring to Form I-765 (Application For Employment Authorization), not Form I-485.

 

The question is asked in Form I-765, p. 3, item 27.

The Form Instructions, p. 15, indicate the eligibility category appropriate for K1 visa holders, which is (c)(9).

 

However, your original post and timeline indicate that you did NOT file Form I-765 at all. Is this correct?

 

Edited May 6, 2021 by Adventine