Fee Waiver Denied...AOS package returned

[Cupcake _boo 0]

Well, Hi guys how u doin?

I have a lil troubles around the AOS. Well we sent it wit a fee waiver but the refused so they sent everything back (well without the envelop wit the medical).But i have a question about this I-131 because now i'm here like 3 mounts without a coverage as they said out of status, so they talking about this 180 days what is dis?

[Cupcake _boo 0]

oh and is there a way travel home now and apply from there ?

[Rito 28]

Do not travel home. If you leave the country without your Advance Parole, your application will be considered abandoned and you'd have to start over.

That said, we need a little more information to answer your question.

1. What reason was given for your AOS package to be sent back? Did you get a request for evidence, for instance?

2. Did you include your check for $1010 in your AOS package?

3. Do you know why you are out of status? Out of status means that you've stayed in the US past a current visa. Did you enter the US and get married within 90 days and file your AOS within that time?

[Rhiannercakes 14]

It sounds like the fee waiver was denied, not the AOS itself.

Send it back with the 1010 dollars.

I'm pretty sure it's impossible to get the fee waived.

If you have to, take out a small loan to get it paid.

[Rito 28]

It sounds like the fee waiver was denied, not the AOS itself.

Send it back with the 1010 dollars.

I'm pretty sure it's impossible to get the fee waived.

If you have to, take out a small loan to get it paid.

Ah, yes.

In that case, Lowe, just do your AOS package as soon as possible and send it in with the check. While this should've been done within the 90 days after you landed, you did marry your fiance within that time so hopefully they won't give you a hard time.

[Danu 19]

I'm a bit confused....fee waiver for what? It would be helpful if you could tell us what you sent form wise, as well as what amount you sent on the check and what the denial letter said, as well as when you PoE'd and got married. We can give you more specific answers based on that.

[VanessaTony 3,567]

Everyone seems a little hung up on Fee Waiver.. so here's the USCIS info on it: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=6fbad59ae8a8e010VgnVCM1000000ecd190aRCRD&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1RCRD

Long story short, you CAN request a waiver of the fees if you can demonstrate an inability to pay etc... obviously the OP has tried this route and has had their application for a fee waiver denied.

SO

OP - this means that you will need to send your application with the fee.

You entered on a K1. As long as you married in the 90 days, then you are safe to file AOS with the $1010 fee. You CANNOT leave the US until your Greencard is approved OR you have an approved AP document otherwise you will have to start everything from the start again (only this time a marriage visa because you should be married now)

If you have been in the US 180 days past your I-94 date, then you will incur a 3 year ban on attempting to leave the US.. if you don't get your greencard. Which means that if you apply for your AP and it's granted AFTER the 180 days have passed you CANNOT use it. So in your situation, I think you should not bother sending off for the AP document unless you desperately need to visit home for a while as you're cutting it awfully close to the 180 day deadline (it will take around 3 months to be approved unless you expedite).

Best of luck and

Edited May 11, 2010 by Vanessa&Tony

[Rhiannercakes 14]

Huh.

I feel surprised that you can get the fee waived.

Thanks for correcting me, learned something today.

[Cupcake _boo 0]

'

Everyone seems a little hung up on Fee Waiver.. so here's the USCIS info on it: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=6fbad59ae8a8e010VgnVCM1000000ecd190aRCRD&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1RCRD

Long story short, you CAN request a waiver of the fees if you can demonstrate an inability to pay etc... obviously the OP has tried this route and has had their application for a fee waiver denied.

SO

OP - this means that you will need to send your application with the fee.

You entered on a K1. As long as you married in the 90 days, then you are safe to file AOS with the $1010 fee. You CANNOT leave the US until your Greencard is approved OR you have an approved AP document otherwise you will have to start everything from the start again (only this time a marriage visa because you should be married now)

If you have been in the US 180 days past your I-94 date, then you will incur a 3 year ban on attempting to leave the US.. if you don't get your greencard. Which means that if you apply for your AP and it's granted AFTER the 180 days have passed you CANNOT use it. So in your situation, I think you should not bother sending off for the AP document unless you desperately need to visit home for a while as you're cutting it awfully close to the 180 day deadline (it will take around 3 months to be approved unless you expedite).

Best of luck and

'

Lol thank u guys but now I'm like on the half of this 180 days I mean not yet but soon ,so if I apply for it soon I mean as soon as we can cuz we really hoped on the fee waiver:( so in the instructions they talk bout this 180 days and they say that the ap supose 2 b filed b4 this 180 days, but is there anyway to make it faster than 3 mounts. And I don't think that they proceeding the aos now after I reseaved 'almost' everything back... I guess I gatta start all over again, but now if I go back home n apply there they still can cut me off cuz of this 180 days or in ma case around 60, right?

[Rhiannercakes 14]

If you go home to apply, you can't apply.

You must apply for AOS within the United States.

If you go home, you have to do a spousal visa.

[Cupcake _boo 0]

Ok I think I gat it so I can use this ap only during this 180 days not after em. But can I travel after my green card is ready? Is it safe than? How long it took for u to get it?

[Cupcake _boo 0]

If you go home to apply, you can't apply.

You must apply for AOS within the United States.

If you go home, you have to do a spousal visa.

Yeah but they will deny me

Visa if I ova stay dis 180 day rite?

[Rito 28]

''

Lol thank u guys but now I'm like on the half of this 180 days I mean not yet but soon ,so if I apply for it soon I mean as soon as we can cuz we really hoped on the fee waiver:( so in the instructions they talk bout this 180 days and they say that the ap supose 2 b filed b4 this 180 days, but is there anyway to make it faster than 3 mounts. And I don't think that they proceeding the aos now after I reseaved 'almost' everything back... I guess I gatta start all over again, but now if I go back home n apply there they still can cut me off cuz of this 180 days or in ma case around 60, right?

Let me try and clear up some misconceptions (by the way, this is all in the guides).

If you are half through your 180 days and you are married, you are fine. You don't need to get a greencard within those 180 days, you just need to *apply* for one by sending in your AOS packet. As was mentioned above, you don't need to start over - I bet the letter you got rejecting your fee waiver is just telling you to send in the check, not the whole packet again. Read the letter carefully to see, but probably your AOS packet is just waiting for your check.

So again, you don't need to get a green card faster than 180 days.

DO NOT LEAVE THE US before you get your green card or AP.

[prettyunique 1]

Let me try and clear up some misconceptions (by the way, this is all in the guides).

If you are half through your 180 days and you are married, you are fine. You don't need to get a greencard within those 180 days, you just need to *apply* for one by sending in your AOS packet. As was mentioned above, you don't need to start over - I bet the letter you got rejecting your fee waiver is just telling you to send in the check, not the whole packet again. Read the letter carefully to see, but probably your AOS packet is just waiting for your check.

So again, you don't need to get a green card faster than 180 days.

DO NOT LEAVE THE US before you get your green card or AP.

Just make sure that you sent back everything that they sent back to you .... plus the check for $1010. You should not have to put a whole new packet together. If you see something missing out of the AOS application packet when it was returned to you , I would put that back in there. At this point they do not have you in the system if you did not recieved a receipt with a MSC number.

Edited May 11, 2010 by prettyunique