I-751 Reject due to wrong fee and daughter needs to file her own petition

[me55592 1]

Yesterday we received a Blue notice with our packet back stating we filed with the wrong fee and we need to pay an additional 505+85. When we did my wife's petition we included her daughter because she received her green card the same day her mom did.

From my understanding since they both were approved for their green cards together when it was time to file the form I-751 you pay the 505+85 for mom and an additional 85 for the daughter. Which would be for a total of 675.00.

This is what is stated on the Blue Notice of Action:

Your petiton along with any check or other form of fee payment, is being returned to you. The petition can not be accepted because the proper fee is not attached. Please compare the amount you have sent with the amount required and resubmit your petition with all applicable fees. The following fees are required.

Petitioner: 505 and 85.00

(I-751 base fee plus bio fee)

Children not Linkable 505.00 and 85 for bio fee.

“’Jane Doe’ cannot be included in a joint petition filed by your biological parent and step parent due to the fact that you did not acquire conditional resident status concurrently with your parent or within 90 days from the date that they obtained conditional residence. Child(ren) will therefore require their own separate petition”. This is incorrect. My wife filed in Feb 2014 and her daughter filed in Apr 2014, they both got there approval for their green cards on the same day.

This was the letter we just sent in:

July 22, 2016

Ref: Notice of Action for Mary Doe (xxxxxxxxxx)

To Whom It Concerns,

On July 22, 2016 we received a Blue Notice of Action stating our petition could not be accepted because the proper fee is not attached.

It also stated that “’Jane Doe’ cannot be included in a joint petition filed by your biological parent and step parent due to the fact that you did not acquire conditional resident status concurrently with your parent or within 90 days from the date that they obtained conditional residence. Child(ren) will therefore require their own separate petition”.

Find attached Mary Doe I-797, Notice of Action with Receipt Date February 26, 2014 and Notice date July 25, 2014.; and, “Jane Doe” Notice of Action with Receipt Date of April 19, 2014 and Notice Date of July 25, 2014.

As you can see, Jane Doe did file her petition for conditional resident status within 90 days of Mary Doe receiving her conditional resident status. Additionally, both Jane Doe and Mary Doe received there conditional residence status concurrently on July 25, 2014 as indicated by their I-797, Notice of Actions which has been attached to this letter.

Therefore we believe the correct fee has been filed with this petition.

Mary Doe

Petitioner

When I called USCIS they said there system was down but the agent I spoke to said the fee should be 675.00 and said I should write a letter and resubmit the packet with both of their i-797 notices showing date.

Any other suggestions.

[arken 4,197]

One quick question, what's the Resident Since date mentioned in their conditional green cards? Those dates matter not the date when they filed. Are those dates fall on the same day or within 90 days of each other?

[Cheezees 1,514]

Did the daughter's issue date on her GC fall within 90 days of the mother's? As stated above, the filing date for the initial GC is irrelevant.

[me55592 1]

Mom and daughters green cards have the same exact dates on them their issue date and expire date are identical

Mom and daughters green cards have the same exact dates on them their issue date and expire date are identical

Mom and daughters green cards have the same exact dates on them their issue date and expire date are identical

[Cheezees 1,514]

Then USCIS made an error. The filing fee of $675 was correct.

[arken 4,197]

In that case, you can resend the application along with the same check/fee but provide a statement up front that yours was initially rejected for the givne reasons but both persons became the resident the same day and the proof of that is attached. Provide the copies of both green cards up front as proof of being resident on same day or within 90 days of each other. Don't send the I797 as a proof, that doesn't count.

[me55592 1]

Did an Info pass today and the agent there could not see a reason for the rejection. She said to add both of the I-797's since it does show they received their notices together, and if it is rejected again to come back. She did notice that the original card had the wrong date on it and that USCIS had sent us a letter in May explaining to us that her Residence Status was indeed July 25th,2014. She asked if I had included that letter with the original petition and we had. So, I will overnight the packet again today.

[Cheezees 1,514]

So you have more proof USCIS made an error!

[me55592 1]

It was so nice to see that the check was posted this morning.

07/29/2016 VSC FIELD OFFICE $675.00

Now we wait.........

[me55592 1]

Today we received three letters from USCIS. One was for the wife (I797c) telling here her gc was extend one. The second letter was the daughter which was her (I797c) and the third letter was for the ASC appointment. I thought the ASC appointment letter was letter in the process.