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Doug B

Filing I-912 Request for Fee Waiver with N-400 Naturalization form, based on means-tested benefit, and was returned twice!

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Filed: AOS (apr) Country: England
Timeline
Posted

I'm wondering if anyone out there in VisaJorney-land has any experience or expertise on this.

Fátima was awarded her 10-year Green Card last year, and decided to apply for Citizenship this year. We completed the forms and decided to file the I-912 Fee Waiver Request as well, as finances are tight. Fátima does participate in a means-tested program that pays for health insurance premiums, deductibles, co-pays and medications, based on a chronic health condition she has. We re-apply for this program every six months and disclose income information to qualify, which is income below 400% of the Federal Poverty Level (FPL).

The application (N-400 plus I-912) was returned the first time, with a I-797C Notice of Action, stating that re: the Fee Waiver request we "did not provide acceptible evidence that you receive that benefit. Supporting evidence would include a Letter from a city, county, state, or federal agency. ... and show that you currently receive a means tested benefit, such as SSI, Medicaid, SNAP, TANF or similar letters to support your claim. All evidence of means-tested benefits must clearly indicate: who is receiving the benefit, the benefit you are receiving, the validity period of your current benefit, and the name of the agency issuing the benefit."

We responded by getting a letter from the program case manager, on agency letterhead, that described the program, and confirmed that Fátima was currently on the progam and had been since 2011, and confirmed that it is a means-tested benefit. The letter was not ideal, but we included a cover letter that explained how the letter addressed the information they were needing. We sent additional information from the program's website describing the program, Fátima's current eligibility card, and copies of the six-month eligibility review form that asks for income information, and we referred to those in the cover letter as well.

We sent the packet in a second time, and it was just returned a second time, with the exact same reasons for the rejection, with no indication anywhere that anything we sent in made any difference at all.

My question is, should we respond again, with perhaps an additional letter, and additional explanations and effort to address the requirements? Or are we just 'barking up the wrong tree' and have no chance at getting the Fee Waiver approved based on this? Does anyone have any knowledge of what criteria USCIS uses regarding the means-tested programs for the Fee Waiver?

I've also thought of trying to apply for the Fee Waiver based on financial hardship, since I am in a situation right now where my expenses exceed my income, even though my income is not too bad.

Or should we just forget the Fee Waiver, and come up with the $700?

Thanks for any input to help us move forward with this.

Douglas and Fátima

Filed: Citizen (apr) Country: Russia
Timeline
Posted

i know this is going to sound mean, but getting citizenship is not a matter of life and death and it's not mandatory like ROC. if you can't currently afford it, then just save up for a while.. it's not gonna go anywhere.

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Posted

Just my two cents here,you said it yourself,that the letter wasn't ideal, may I suggest you find the original letter that started her off on this benefit.it will typically have all you need in there and would be self explanatory. I find it confusing why they rejected it twice,could it be they don't consider it a means tested benefit.anyway,I would try one more time,good luck !!!!

Posted

You need to go to work and save up for the fee like anyone else.

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

Posted

Really Nancy,

The N400 is not the only fee waived form,if the op qualifies, he does not NEED to raise the fee for it but prove he deserves the fee waived.

Agreed with you, bribrat. Nancy's reply sounds biased and unconstructive.

Filed: Citizen (apr) Country: Russia
Timeline
Posted

You need to go to work and save up for the fee like anyone else.

I guess I'm biased and unconstructive too.. Like I said before, it's not a necessity. I stand by it. It's not like a had a smile on my face either, writing that check..

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Posted

I guess I'm biased and unconstructive too.. Like I said before, it's not a necessity. I stand by it. It's not like a had a smile on my face either, writing that check..

Your reply sounds more neutral although it is not too constructive. I-912 is for everyone who cannot afford the fee and cannot "wait", and if people qualify, they deserve it. One of the person that I know cannot wait because she wants her oldest son to get citizenship derivative from her before he turns 18. And the other person has a epileptic seizure and cannot qualifies for FREE Medicare because he is not a USC yet. So people's neccessity is unique.

Posted

Free stuff for everybody!

You should say free stuff for everybody (USC and legal resident most of the cases) whose incomes qualify :)

So getting US Citizenship to be able to get free welfare :rolleyes:

Correct. Of course with income qualification.

Filed: Citizen (apr) Country: Russia
Timeline
Posted

I don't believe in welfare. I understand disability, but not welfare. If you have 2 legs and 2 feet and know how to use them, there is no reason why you should be on welfare. Working minimum wage job full time will pay just as much.

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Posted

I would like to know how she managed to get on welfare and her husband not get in trouble with I-864

Well, it looks like the government does not enforce that strictly. Her sister sponsored for her whole family with 5 kids so I guessed she could get welfare because their incomes qualify (only husband works, she has to stay home to take care kids).

Posted

I don't believe in welfare. I understand disability, but not welfare. If you have 2 legs and 2 feet and know how to use them, there is no reason why you should be on welfare. Working minimum wage job full time will pay just as much.

Yes, I agree with you partially. But you just omit the facts that there are cases people cannot afford their lives with minimum wages if they have dependents to take care. Lazy people are shameful but if a person cannot actually afford their life then welfare should be obtained.

 
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