Cancled AOS.. but still have to pay

[deemabrouk 0]

I guess I should of seen this coming..

But I cancled the check almost as soon as I mailed it for the AOS... The AOS was cancled due to improper filling. BUT i now have to pay it anyways.. even if it never got processed. I never really heard about that on here. BUT i still have to pay the AOS fee $426. I have a month to pay it.. then the debt gets sent to Dept of Treasury?

I soo SO SO f'ing pissed off about this. The woman on the phone kept on repeating NON REFUNDABLE..

So now I have to pay this money..

[Kez/JWolf 6]

All USCIS fees are non refundable.....

Sorry

Kez

[LaL 418]

Dee - What exactly happened with your package? DId they return it to you? Or did you receive a letter in the interim and then this letter?

Please describe the steps that led to this.

[Nanusia & Lukaszek 0]

I guess I should of seen this coming..

But I cancled the check almost as soon as I mailed it for the AOS... The AOS was cancled due to improper filling. BUT i now have to pay it anyways.. even if it never got processed. I never really heard about that on here. BUT i still have to pay the AOS fee $426. I have a month to pay it.. then the debt gets sent to Dept of Treasury?

I soo SO SO f'ing pissed off about this. The woman on the phone kept on repeating NON REFUNDABLE..

So now I have to pay this money..

If they never processed, and you canceled immediately AOS, what the heck due they want to collect for?! Sorry I dont have an answer, hopefully someone will give more info on here. But as a side note, who is it saying will have the debt sent to Dept of Treasury, your or the guy you filed for?

[LaL 418]

Just doing a quick search on USCIS

http://www.uscis.gov/files/form/i-485instr.pdf

If the EFT cannot be completed because of insufficientfunds, we may try to make the transfer up to two times.

http://www.uscis.gov/propub/ProPubVAP.jsp?...08f16edc956c034

(ii) Non-payment. If a check or other financial instrument used to pay a filing fee is subsequently returned as not payable, the remitter shall be notified and requested to immediately pay the filing fee and associated service charge within 14 days, without extension. If the application or petition is pending and these charges are not paid, it shall be rejected as improperly filed. If it was already approved, and these charges are not paid, it shall be automatically revoked because it was improperly filed. If it was already denied, revoked, or abandoned, that decision will not be affected by the non-payment of the filing fee. A new fee will be required with any new application or petition. Any fee and service charges collected as the result of collection activities or legal action on the prior application or petition shall be used to cover the cost of the previous rejection, revocation, or other action.

on VJ, I found many bounced check situations and none mention this forwarding on to Dept of Treasury. I don't know where NON-REFUNDABLE is coming from, you didn't really pay them in the first place!

[Melian 0]

I guess I should of seen this coming..

But I cancled the check almost as soon as I mailed it for the AOS... The AOS was cancled due to improper filling. BUT i now have to pay it anyways.. even if it never got processed. I never really heard about that on here. BUT i still have to pay the AOS fee $426. I have a month to pay it.. then the debt gets sent to Dept of Treasury?

I soo SO SO f'ing pissed off about this. The woman on the phone kept on repeating NON REFUNDABLE..

So now I have to pay this money..

That is really low. I'd be seriously pissed off too.

What was 'improper' about the filing?

[deemabrouk 0]

well.. the improper part was that they didnt get the payment.. I cancled the check!

First, they send me a paper saying that I had 14 days? to Re pay the amount (which by the way was the amount BEFORE they increased).. which I didnt cause I wanted to stop the AOS.. I called them several times but they refused to talk to me cause my husband was not present.

So i let the 14 go past.. and yesterday I got 2 letters.. On came for my husband saying that the AOS petition was denied due to improper filling and that I would have to re start everything again..

and I got another letter from immigration? I forget which office.. and it said I owed $426 to the US of America

I called the number on there.. the woman just told me Even thought they didnt start the papers I owe it Anyways.. Non Refundable.. and that the debt is Mine cause my name was on the check.. And I had until Nov 12? to pay it in FULL.. then the case would go to Dept of Treasury? ( i think that is the dept she said) She said that making a partial payment would not delay it..

[*Maureen* 0]

Why should you have to pay for it since this is your HUSBAND'S AOS? Let him pay for it. Wouldn't USCIS go after him? After all, he is the petitioner. USCIS would not talk to you since you are not petitioner so why would they expect payment from you?? I hope you can get out of this!!!

I guess I should of seen this coming..

But I cancled the check almost as soon as I mailed it for the AOS... The AOS was cancled due to improper filling. BUT i now have to pay it anyways.. even if it never got processed. I never really heard about that on here. BUT i still have to pay the AOS fee $426. I have a month to pay it.. then the debt gets sent to Dept of Treasury?

I soo SO SO f'ing pissed off about this. The woman on the phone kept on repeating NON REFUNDABLE..

So now I have to pay this money..

[LaL 418]

Dee - I think you either need to google around a bit before paying this fee, go to infopass, or speak to a lawyer.

http://www.uscis.gov/propub/ProPubVAP.jsp?...5f3ed06e7373f61

A charge of $30.00 will be imposed if a check in payment of a fee or any other matter is not honored by the bank or financial institution on which it is drawn.

[deemabrouk 0]

Dee - I think you either need to google around a bit before paying this fee, go to infopass, or speak to a lawyer.

http://www.uscis.gov/propub/ProPubVAP.jsp?...5f3ed06e7373f61

A charge of $30.00 will be imposed if a check in payment of a fee or any other matter is not honored by the bank or financial institution on which it is drawn.

"A receipt issued by a Department of Homeland Security officer for any remittance shall not be binding upon the Department of Homeland Security if the remittance is found uncollectible. Furthermore, legal and statutory deadlines will not be deemed to have been met if payment is not made within 10 business days after notification by the Department of Homeland Security of the dishonored check"

I still dont get why I have to pay this.. its NOT even like the ball got rolling..!!!

If its not binding.. then WHY do i have to pay it??

[scy 0]

This Q&A from an attorney explains how CIS views fees collection.

http://www.alanleelaw.com/english/qa/QA2007-07-08.htm

Reader Wishes Refund $400 Fee from USCIS for Senior Friend on SSI Whose Naturalization Application Should not Have Been Accepted As It Was Filed Too Early

Zhang asks:

As my understanding, the law states, for people who use Chinese to take naturalization tests must live in the U.S. for at least 15 years and for the recent 5 years, the person must reside in the US more than half of the time before filing.

A friend of mine thought the process of applying naturalization through Chinese is the same as the one in English, which was to submit application 3 months before satisfying the residential requirement. So he paid $400.00 and submitted the application 3 months earlier. USCIS later notified him for biometrics and then an interview. However, during the interview, the interviewer told him that he could not take the test as he submitted his application by about 3 months early. My friend had to pay $400.00 again and redo all the processes. He eventually passed the test, got 100 score, and obtained his naturalization paper.

My question is, is it reasonable for him to pay $400.00 twice? Should the USCIS refund $400.00 back to him based on his circumstance? He’s a senior citizen who claims SSI, so $400.00 for him is not a small amount.

Dear reader:

Unfortunately for your friend, the U.S.C.I.S. is very stingy in giving refunds of fees even if it has done no work at all on the case. In one of our recent cases, our client requested us to submit an I-765 application for employment authorization during the time that the I-485 adjustment of status application was pending. The day after we sent out the application, we received notice that the I-485 was approved. We immediately notified U.S.C.I.S. by fax of the situation and asked that it neither fee in nor process the I-765 and to return the fee check of $180. To that, we received the response that "It is Service policy not to issue refunds unless this Service in error solicited the fee. Unless you can provide proof of this error, a fee refund cannot be granted. " We next stopped payment on the check only to receive an invoice from U.S.C.I.S. charging an additional $30 for the stopped check with a warning that failure to promptly submit the fee amount plus penalty would result in "additional charges as required by the Debt Collection Improvement Act of 1996 and the provisions of 31 CFR 901.9. " It also stated a notice of intent to report to credit bureaus, which of course could have adverse effects on credit rating. We wrote two further letters to U.S.C.I.S. disputing the amount, observing that the Service had performed no work on the I-765. To that, we received a further letter from U.S. Immigration and Customs Enforcement that "Pursuant to Title 8 of the Code of Federal Regulations, Section 103.7 and Section 103.2 respectively, filing and fingerprint service fees associated with U.S. Citizenship and Immigration Services applications, where applicable, 'are non-refundable and must be paid when the application is filed.' No refunds or returns will be honored in the event of an application cancellation or withdrawal request." We also received a further invoice from the U.S.C.I.S. Debt Management Center assessing "interest for 18 days at the annualized interest rate of 4.000%". At that point, both we and the client felt that it was not worth the ongoing aggravation to continue disputing the fee amount in this case, and paid the Service its fee. Looking at our client's situation along with that of your friend, it is indeed sad that the agency is reduced to such avariciousness, undoubtedly fueled by an unsympathetic attitude to the financial state of applicants for immigration benefits because of the need to wholly finance itself without assistance from a Government strapped down by the burgeoning national debt caused by the Bush tax cuts and the war in Iraq.

[Amby 490]

I'm lost...why did you cancel it in the first place? You don't want AOS anymore?

[deemabrouk 0]

I'm lost...why did you cancel it in the first place? You don't want AOS anymore?

things went very Bad between my husband and me.. At this point I'm not sure if we will stay together

This Q&A from an attorney explains how CIS views fees collection.

http://www.alanleelaw.com/english/qa/QA2007-07-08.htm

Reader Wishes Refund $400 Fee from USCIS for Senior Friend on SSI Whose Naturalization Application Should not Have Been Accepted As It Was Filed Too Early

Zhang asks:

As my understanding, the law states, for people who use Chinese to take naturalization tests must live in the U.S. for at least 15 years and for the recent 5 years, the person must reside in the US more than half of the time before filing.

A friend of mine thought the process of applying naturalization through Chinese is the same as the one in English, which was to submit application 3 months before satisfying the residential requirement. So he paid $400.00 and submitted the application 3 months earlier. USCIS later notified him for biometrics and then an interview. However, during the interview, the interviewer told him that he could not take the test as he submitted his application by about 3 months early. My friend had to pay $400.00 again and redo all the processes. He eventually passed the test, got 100 score, and obtained his naturalization paper.

My question is, is it reasonable for him to pay $400.00 twice? Should the USCIS refund $400.00 back to him based on his circumstance? He’s a senior citizen who claims SSI, so $400.00 for him is not a small amount.

Dear reader:

Unfortunately for your friend, the U.S.C.I.S. is very stingy in giving refunds of fees even if it has done no work at all on the case. In one of our recent cases, our client requested us to submit an I-765 application for employment authorization during the time that the I-485 adjustment of status application was pending. The day after we sent out the application, we received notice that the I-485 was approved. We immediately notified U.S.C.I.S. by fax of the situation and asked that it neither fee in nor process the I-765 and to return the fee check of $180. To that, we received the response that "It is Service policy not to issue refunds unless this Service in error solicited the fee. Unless you can provide proof of this error, a fee refund cannot be granted. " We next stopped payment on the check only to receive an invoice from U.S.C.I.S. charging an additional $30 for the stopped check with a warning that failure to promptly submit the fee amount plus penalty would result in "additional charges as required by the Debt Collection Improvement Act of 1996 and the provisions of 31 CFR 901.9. " It also stated a notice of intent to report to credit bureaus, which of course could have adverse effects on credit rating. We wrote two further letters to U.S.C.I.S. disputing the amount, observing that the Service had performed no work on the I-765. To that, we received a further letter from U.S. Immigration and Customs Enforcement that "Pursuant to Title 8 of the Code of Federal Regulations, Section 103.7 and Section 103.2 respectively, filing and fingerprint service fees associated with U.S. Citizenship and Immigration Services applications, where applicable, 'are non-refundable and must be paid when the application is filed.' No refunds or returns will be honored in the event of an application cancellation or withdrawal request." We also received a further invoice from the U.S.C.I.S. Debt Management Center assessing "interest for 18 days at the annualized interest rate of 4.000%". At that point, both we and the client felt that it was not worth the ongoing aggravation to continue disputing the fee amount in this case, and paid the Service its fee. Looking at our client's situation along with that of your friend, it is indeed sad that the agency is reduced to such avariciousness, undoubtedly fueled by an unsympathetic attitude to the financial state of applicants for immigration benefits because of the need to wholly finance itself without assistance from a Government strapped down by the burgeoning national debt caused by the Bush tax cuts and the war in Iraq.

this sucks!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[sj5 4]

I don't have idea (my K2 AOS was rejected but they did returned my checks) [LAWS ALWAYS CHANGED] Edited October 16, 2007 by SJ

[deemabrouk 0]

I don't have idea (my K2 AOS was rejected but they did returned my checks) [LAWS ALWAYS CHANGED]

why did it get rejected?