I-130 Qu. 22 and Fees

[tenyearwait 4]

I just discovered that the USCIS telephone help line doesn't appear to work any more so I thought I would start poking in my list of questions to you great knowledgeable people so that you could do the gummint's job for them lol

1. Form I-130 (Petition) Question 22:

Complete the information below if your relative is in the United States and will apply for adjustment of status. [Yep, that's me.]

Your relative is in the United States and will apply for adjustment of status to that of a lawful permanent resident at the USCIS office in: (City) (State)

Now this USED to be obvious when you applied to the Field Office - for me it was Atlanta, GA. But now that we send the packet to Chicago, is this question relevant any more? If so, which do we put, the field office that covers our home address or the office where we file the application?

2. Second part of that question reads:

If your relative is not eligible for adjustment of status, he or she will apply for a visa abroad at the American consular post in: (City) (Country)

Now forgive me for thinking there is something missing here but as I am in the United States where I have been tax resident for tax purposes for over 12 years and we married after the first 2 years of that, why would my wife need to fill in this second part? Do we assume that USCIS might decide to throw me out of the country so that my wife had to petition for me to apply at the US Embassy in my country of origin? Or do we just complete this as "Not Applicable"?

3. Fees. We are submitting in one packet I-130 (Petition), I-485 (App for Adjustment of Status), I-864 (Affidavit of Support), I-693 (Medical Examiner's Sealed Report), I-765 (App for Employment Auth. as INS cancelled mine 10 years ago), I-131 (App for Travel Document as I would like to get to see my mother before she dies) and all the associated forms and documents to support those.

I calculate the current fees:

I-130 $355

I-485 $1,010 which is filing fee $930 plus Biometrics Fee of $80

I-864 $0 USCIS but it says Dept of State charges $70 when it is reviewed domestically

I-693 $0 (Civil Surgeon and all associated vaccination/test/xray fees already paid)

I-765 $0 as it is being filed together with I-485

I-131 $0 as it is being filed together with I-485

The Dept of State link states that the $70 is not payable until they invoice us: "When your immigrant visa case is ready to begin processing at the NVC, the NVC will send an Affidavit of Support processing fee invoice and payment instructions to your petitioner." So that one is off the list for now.

For the remaining fees which all go to Dept of Homeland Security (written in full), my question is: Do we submit all the fees on one check or do we have to write two separate checks for $355 and $1010 or three separate checks for $355, $930 and $80?

[Darnell 8,478]

*** not a K-3 visa question, moving to AOS forum ***

[Harpa Timsah 13,258]

1. I can't remember tbh, and I may have done it wrong (but no problems). Let someone else input with better memory or more nearness to their files. I would say Atlanta is fine, because Chicago is just a distribution center. Your application will be processed at the National Benefit Center and your interview will be at your local office.

2. Put N/A, athough technically there is a small chance you could be kicked out of the country, if you are ineligible to AOS, have crimes, blah blah. Proceed as normal, however.

3. Your fees are mostly right. You will not pay the $70 for I-864. You can do either 2 checks for $355 and $1010, or 3 as you stated.

Good luck!

[tenyearwait 4]

1. I can't remember tbh, and I may have done it wrong (but no problems). Let someone else input with better memory or more nearness to their files. I would say Atlanta is fine, because Chicago is just a distribution center. Your application will be processed at the National Benefit Center and your interview will be at your local office.

2. Put N/A, athough technically there is a small chance you could be kicked out of the country, if you are ineligible to AOS, have crimes, blah blah. Proceed as normal, however.

3. Your fees are mostly right. You will not pay the $70 for I-864. You can do either 2 checks for $355 and $1010, or 3 as you stated.

Good luck!

Thanks for the swift answer. That was what I was working on and will continue to do so until and unless someone comes up with something difference with a reference. In ten years, the regulations AND the fees have changed so many times, I get giddy re-doing the application each time they tell me to re-submit :|

As I said, Dept of State site says clearly that the $70 will be invoiced to the sponsor if appropriate. I assume that the Affidavit is only reviewed by them in certain cases - knowing our history with this > 10 year old application everything that can be refused will be refused and everything that can be reviewed will be reviewed.

Thanks agagin, Harpa

*** not a K-3 visa question, moving to AOS forum ***

Ah! Yes, now I see it. Thanks. Although strictly speaking my visa wasn't any of those as B1/B2 doesn't actually allow work, but I see why it fits there now. Thanks for adjusting it for me