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Hga1989

Help! Just realized I overpaid for my husbands I-485

By Hga1989 in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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Hga1989 Newbie

Hga1989   0

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Filed: AOS (pnd) Country: Iraq
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I just submitted my husbands I-485 on Saturday and have now realized that I overpaid (included fees for I-131 and I-785). I’ve read it will be rejected and sent back. His I-94 from his K1 visa expired on Wednesday. What can we do to fix this? Is he in jeopardy or deportation? 

arken Mentor

arken   4,197

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Filed: F-2A Visa Country: Nepal
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14 minutes ago, Hga1989 said:

I just submitted my husbands I-485 on Saturday and have now realized that I overpaid (included fees for I-131 and I-785). I’ve read it will be rejected and sent back. His I-94 from his K1 visa expired on Wednesday. What can we do to fix this? Is he in jeopardy or deportation? 

Don't worry about the expired i94. The only issues is uscis could take a while to send back your package. You could wait for the package or send a new one.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Mike E Grand Master

Mike E   11,741

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Filed: Citizen (apr) Country: Myanmar
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25 minutes ago, Hga1989 said:

Is he in jeopardy or deportation? 

There is a marginal yet real possibility of ICE detention (see https://www.visajourney.com/forums/topic/706560-beware-bad-information-on-aos-deadline-for-k1-fresh-out-of-jail/ 

 

I would resubmit the package now with the correct fees, USPS priority mail and carry the proof of mailing with me.  

 

Crazy Cat Grand Master

Crazy Cat   41,985

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Filed: Citizen (apr) Country: Taiwan
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Posted (edited)
49 minutes ago, Hga1989 said:

I just submitted my husbands I-485 on Saturday and have now realized that I overpaid (included fees for I-131 and I-785). I’ve read it will be rejected and sent back. His I-94 from his K1 visa expired on Wednesday. What can we do to fix this? Is he in jeopardy or deportation? 

To be perfectly clear, his K-1 expired as soon as he entered the US.  His I-94 expired 90 days later.  Technically, he is now out of status and subject to removal (although that rarely happens). As you know, the I-485 package will be rejected due to incorrect payment.  You could send a new package now or later.  As soon as he submits a proper I-485 package, the receipt will be evidence that he was granted "authorized stay" until the I-485 is either approved or denied.  Good luck.  

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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