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Will USCIS refund back my money?

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I filed the wrong application for my husband. I filed I485. I just found out today that I shouldn't have filed that and instead I should have filed I751. Is there a chance that USCIS will refund me back for the 485? Is there anything that I can do? I have basically lost $1100. Please help. Thanks

Give it a try. Not gonna hurt. People will always tell you what won't work, until you make it work. And then they will start telling others it probably won't work, but it worked for this one guy.

That's the way the cookie crumbles. I say try it. I would :)

2010 K1 December Filers: December Filers Citizenship Help

---
Let's get this Citizenship party started:
Dec 28. 2011 - Sent AOS Forms
May 15. 2012 - Green Card in Hand
Jun 12. 2012 - Our 1st Baby was born! :)

Oct 14. 2014 - ROC approved.
---

08/16/2015 - Looking into Citizenship process!

Click Here for a detailed timeline of our K1 Journey.

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What the heck, have a go. They won't probably refund, as it wasn't down to them making a mistake, but all the same.

I can explain it to you. But I can't understand it for you.

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Probably not gonna work but I would try to call and ask if the money you sent could be used for the ROC instead. You'll still have overpaid, but at least you won't shell out more money. Also make an infopass appointment. Goodluck :)

My Journey:

We met through a study-abroad program in Shanghai, China in August of 2009

We got engaged March of 2010

I received my K1 VISA in 6 months (June-December 2010)

We were married 04/02/2011
I received my conditional 2-year greencard (AOS) in 2.5 months with no interview (April-June 2011)

Our son was born 02/03/2013

I received my masters degree in Speech-Language Pathology 04/17/2013

I received my 10-year greencard (ROC) in 3 months with no interview (March-June 2013)

My husband returned from deployment 06/20/2013

My naturalization journey took 4 months (April-August 2014)

I became a US citizen on 08/01/2014

Received passport in 3 weeks (regular processing)

Thank you, VJ! smile.png

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Filed: K-1 Visa Country: Albania
Timeline

OP, I think your best bet would be to call USCIS back and ask to speak to a tier 2 representative (this is an actual immigration officer, as the person you normally talk to when calling is a call center rep), or schedule an Infopass appointment and go in. I wouldn't count on being refunded as USCIS seems to have a policy of "your mistake, your loss" but it's not going to hurt to try. In the meantime, I'd send in the I-751 ASAP as you don't want the green card expiring without ROC being filed properly.

Well his green card is expired now...it expired like a month ago...like I said I was under the impression that I did the right application. I will explain what happened and hopefully his I-751 will not get denied. So to say the least, the $1100 is the least of my worries.

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Filed: Citizen (apr) Country: Australia
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Well his green card is expired now...it expired like a month ago...like I said I was under the impression that I did the right application. I will explain what happened and hopefully his I-751 will not get denied. So to say the least, the $1100 is the least of my worries.

It should be fine. You will need to include a letter that explains that you filed for AOS in error. Include a copy of the AOS NOA1 and biometrics as proof. They should have on file what happened (that you rocked up and they told you). Like I said it *should* be fine because they have all the evidence that you just messed up the form, didn't forget.

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Filed: K-1 Visa Country: Albania
Timeline

It should be fine. You will need to include a letter that explains that you filed for AOS in error. Include a copy of the AOS NOA1 and biometrics as proof. They should have on file what happened (that you rocked up and they told you). Like I said it *should* be fine because they have all the evidence that you just messed up the form, didn't forget.

Yes I wrote a letter already and prepared everything today so I can ship it tomorrow. Oh you have no idea how much better this makes me feel. Thank you.

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Filed: Citizen (apr) Country: Australia
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Yes I wrote a letter already and prepared everything today so I can ship it tomorrow. Oh you have no idea how much better this makes me feel. Thank you.

No probs. Once you get that ROC NOA1 you're in the clear for late filing so let us know when that happens :D

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Well his green card is expired now...it expired like a month ago...like I said I was under the impression that I did the right application. I will explain what happened and hopefully his I-751 will not get denied. So to say the least, the $1100 is the least of my worries.

As Vanessa&Tony said, you should be fine. Exceptions are made for extenuating circumstances and it seems as though you have one. The sooner the better, of course, and as I'm sure you know make sure he does not leave the country until he has the extension letter from filing the I-751 in hand.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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Filed: K-1 Visa Country: Albania
Timeline

As Vanessa&Tony said, you should be fine. Exceptions are made for extenuating circumstances and it seems as though you have one. The sooner the better, of course, and as I'm sure you know make sure he does not leave the country until he has the extension letter from filing the I-751 in hand.

I will def. let you guys know what will happen with his 751 and as far as the money goes. Thank you

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Filed: Country:
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I paid medical twice in less than 60 days, application fee twice, 3 changes in airfare due to this, 500 on unnecessary travel to embassy.....etc. Yea, so my sympathy level for anyone at any branch of immigration is non existent.

Again all you've said is that you paid this & that twice but not explained why.

I've brought 3 family members here over the course of 3 years (1 each CR-1, CR-2 & IR-2). Not once did we have to pay any fee twice, heck we even got a break on the AOS Review Fee as the 2 CR Cases were processed together.

Regarding the "3 changes in airfare" you didn't say if you had to pay to change tickets but USCIS does warn everyone to not buy tickets until you have the actual Visa in hand.

Anyways you shouldn't let your sour grapes taint advice given to other unless you're ready to back-up the negativity with the whole story so we have proper context. For all we know everything you're complaining about was caused by mistakes you made (especially since your claims are contrary to everything else I've seen on VJ)...

But we don't need to get further off-topic.

@OP, I'm glad you'll get the proper ROC filed tomorrow. Things will work out just fine.

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Again all you've said is that you paid this & that twice but not explained why.

I've brought 3 family members here over the course of 3 years (1 each CR-1, CR-2 & IR-2). Not once did we have to pay any fee twice, heck we even got a break on the AOS Review Fee as the 2 CR Cases were processed together.

Regarding the "3 changes in airfare" you didn't say if you had to pay to change tickets but USCIS does warn everyone to not buy tickets until you have the actual Visa in hand.

Anyways you shouldn't let your sour grapes taint advice given to other unless you're ready to back-up the negativity with the whole story so we have proper context. For all we know everything you're complaining about was caused by mistakes you made (especially since your claims are contrary to everything else I've seen on VJ)...

But we don't need to get further off-topic.

@OP, I'm glad you'll get the proper ROC filed tomorrow. Things will work out just fine.

If you're interested in my case.....read my profile....it's all there. Otherwise, help the OP, as the thread was intended.

Married: 6/17/11

I-130 Sent: 7/9/11

NOA1 : 7/14/11

I-129F Sent: 7/21/11

NOA1: 7/21/11

NOA2: 8/22/11

NVC Received: 8/24/11

NVC Left: 8/26/11

Consulate Received: 9/5/11

Packet 4 Received: 10/4/11

Medical Done: 11/7/11

Interview: 11/23/11

Approved: 11/23/11

Changed to CR1: 12/16/11

Medical Re-Done: 1/5/12

Waiting for Issuance of Visa.........

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If you're interested in my case.....read my profile....it's all there. Otherwise, help the OP, as the thread was intended.

Actually,

After reading your childish rants where you resort to name calling and whining I think it's clear where the root of your problems with USCIS and the Visa process originate...

The important thing is that the OP has got their process back on track and everything will be okay.

Despite your poor attitude I sincerely hope you eventually find the same success so many of us here on VJ have already enjoyed...

There is nothing more to say on the OP's issue or your issues here so with that I bow out of this conversation...

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Filed: IR-1/CR-1 Visa Country: Nigeria
Timeline

Actually,

After reading your childish rants where you resort to name calling and whining I think it's clear where the root of your problems with USCIS and the Visa process originate...

The important thing is that the OP has got their process back on track and everything will be okay.

Despite your poor attitude I sincerely hope you eventually find the same success so many of us here on VJ have already enjoyed...

There is nothing more to say on the OP's issue or your issues here so with that I bow out of this conversation...

can we drop this already? :no: why cant we recognize an apology when we see one?:wacko: sam's earlier two posts explaining the reason for the bold with all the winks was an apology I believe and should have been accepted in good faith...No more bickering adults!!!!

GOD has been WONDERFUL!!!
CR-1 (for Husband):
09/15/2012: Got Married
09/26/2012: Mailed I-130 from Nigeria( delayed by customs)
USCIS stage ( 66 days)
10/12/2012: NOA 1
12/17/2012: NOA 2 (case was transferred to NYC office 11/27/12)
NVC stage ( 20 days)
01/08/2013: Case # and IIN assigned ( file arrived NVC mail room 12/20/12)
01/09/2013: AOS invoiced and paid, DS-3032 emailed and mailed.
01/16/2013: IV invoiced &paid. AOS & IV mailed in one package(arrived 01/18).

01/28/2013: Case complete!!!
04/19/2013: Interview; APPROVED!!!!!
05/13/2013: POE; JFK


N-400: (3 months and 12 days)
Filed N-400 : 2011-06-17
Interview: 2011-09-27
Oath Ceremony: 2011-09-30

IR-5 for Mom Entire process took 5 months exactly
USCIS (22days)

mailed I-130 : 2011-09-30
NOA 1: 2011-10-03 (text & email)
NOA 2: 2011-10-25 (text and email)
NVC: (19 days)
Case entered and # assigned: 2011-11-18
NVC Case COMPLETED: 2011-12-07 ( 43 days from NOA 2 and 65 days from NOA 1)
Interview Date(Lagos): 2012-01- 23
Mom was late for interview
New Interview date: 2012-02-29 : VISA APPROVED

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Filed: IR-1/CR-1 Visa Country: Nigeria
Timeline

I filed the wrong application for my husband. I filed I485. I just found out today that I shouldn't have filed that and instead I should have filed I751. Is there a chance that USCIS will refund me back for the 485? Is there anything that I can do? I have basically lost $1100. Please help. Thanks

Call ur bank and save yourself the heaache with USCIS.SIMPLEEEEEEE

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