What happens to I-751 if fee waiver is rejected?

[Wingnutfish 18]

Hi everyone!

My wife and I are getting ready to file her I-751 to remove conditions on permanent residency, with the 2-year deadline coming up on November 4.

As you know, the combined filing fee and biometric fee are now almost $600, which is a lot of money for us, so we're considering filing for the fee waiver. Our household income last year was about $19,000 (150% of poverty for a household of two is now defined as $24,030), and we might make a little more this year but it's impossible to predict because my wife's hours vary and I'm self-employed. We have about $3,500 in the bank, but were hoping to save that for other important things (for example, I owe over $30,000 in student loans).

So, advice is welcome about whether we're likely to be granted the fee waiver, but my main question is: What happens if you file the fee waiver with the I-751 and then the fee waiver is rejected. Do we have to file the I-751 over again? What if the two-year deadline to file the I-751 has passed by then? I couldn't find this information anywhere in the USCIS instructions.

Thanks so much!

-Evan

[Cheezees 1,514]

From what I have read, if you have $3500 in savings, you will be expected to pay the fee. Fee waivers are very rarely granted.

[Deagle 494]

We have about $3,500 in the bank, but were hoping to save that for other important things. Filing the I-751 IS important thing, your wife's immigration status is really an important thing. Most likely the fee waiver will be denied because you do have the money, you just don't want to use it, and that's not what the fee waiver was introduced.

Edited September 11, 2016 by azzein

[EM_Vandaveer 2,364]

Wrong. As long as last year's household income was under 150% of FPL for their household count as evidenced by their tax return transcript, the waiver will be granted.

Source: filed my N-400 with fee waiver based solely on income.

Edited September 11, 2016 by EM_Vandaveer

[EM_Vandaveer 2,364]

From the instructions for Form I-912

"Part 5. Income at or Below 150 Percent of the Federal Poverty Guidelines

To qualify for the fee waiver, your household income must be at or below 150 percent of the Federal Poverty Guidelines, at the time of filing, based on your household size. The Federal Poverty Guidelines are established by the Secretary of the Department of Health and Human Services annually. To obtain information on the current Federal Poverty Guidelines, visit our Web site at www.uscis.gov/I-912P and review Form I-912P, Poverty Guidelines for Fee Waiver Request."

[Wingnutfish 18]

Thanks for the advice! Does anyone have the answer to my main question, about what happens if the fee waiver is rejected?

[Pinkrlion 2,607]

If your fee waiver is rejected you have to file the I-751 with the 590.00 payment. There is someone who this recently happened to but they were able to refile with the money within the 90 days, so they were not late in filing.

[Randyandyuni 2,682]

Avoid the worry, just pay, the $600 you save is a raindrop in the ocean against the $30k debt

[Wingnutfish 18]

We have to file all the documents all over again, or just send in the fee?

[Pinkrlion 2,607]

They saidthey had to refile, check out June thread, they mention it in there.

[KierenHby 897]

Wrong. As long as last year's household income was under 150% of FPL for their household count as evidenced by their tax return transcript, the waiver will be granted.

Source: filed my N-400 with fee waiver based solely on income.

From the instructions for Form I-912

"Part 5. Income at or Below 150 Percent of the Federal Poverty Guidelines

To qualify for the fee waiver, your household income must be at or below 150 percent of the Federal Poverty Guidelines, at the time of filing, based on your household size. The Federal Poverty Guidelines are established by the Secretary of the Department of Health and Human Services annually. To obtain information on the current Federal Poverty Guidelines, visit our Web site at www.uscis.gov/I-912P and review Form I-912P, Poverty Guidelines for Fee Waiver Request."

??

[Wingnutfish 18]

KieranHby, the way the waiver works is that the form asks for your last year's income, then invites you to explain anything that's changed. While it's officially the current income that counts, you can see why in practice the past year's income seems like the main thing (especially since no one actually knows their current-year "annual" income for sure, owing to the fact that the year isn't over yet).

[Wingnutfish 18]

They saidthey had to refile, check out June thread, they mention it in there.

Thanks! But that thread is 41 pages long...do you remember if USCIS said anything about whether it considered the I-751 to be received on the date that it was first received with the fee waiver, or can a fee waiver rejection potentially delay you into the danger zone?

[Wingnutfish 18]

So, I did find this upon re-reading the instructions for the fee waiver form:

USCIS will notify you of the decision in writing. If USCIS denies your fee waiver request, the notice will include

information on resubmitting your application or petition. For certain immigration benefits, you may have only a limited

period of time in which to resubmit your application or petition with the proper filing fee. Please review the Instructions

for the application or petition for which you want USCIS to consider a fee waiver to determine when to refile.

This supports the story that we would have to file the whole thing over again, but seems a little unclear about what happens if the deadline is approaching (or if it passes while we're waiting to hear back?). Does the "limited period of time" refer to the remainder of the time until the original deadline, or is there a new time limit set in the notice letter?

[KierenHby 897]

KieranHby, the way the waiver works is that the form asks for your last year's income, then invites you to explain anything that's changed. While it's officially the current income that counts, you can see why in practice the past year's income seems like the main thing (especially since no one actually knows their current-year "annual" income for sure, owing to the fact that the year isn't over yet).

Good explanation! gratzi..