Really Messed Up on Application

[luymel 1]

Hello everyone. Safe to say I'm a mess right now. My wife is from Spain (she entered on the VWP because we weren't planning on getting married) and we got married last month. We just sent her application to adjust her status. We've spoken to a lawyer and he said it's a simple case so we went ahead and decided to do all the paperwork ourselves. I don't make much money so I figured I'd apply for the fee waiver (I-912). I received confirmation that the package was received yesterday. Problem is the I-912 doesn't apply to us! We can't even apply for that waiver but I already sent our package without the fees. What can I do now? I also sent her I-765 and I-131 for advanced parole because my wife wants to go back to Spain for our nephew's baptism in May. I feel like this is going to delay everything a bit more and it's killing me that she might not be able to go in May, considering we are the Godparents. I should be able to borrow some money for the fees but should I just send the checks alone? Any advice? Thanks

[G Walters 136]

Your package will be returned. Just re send it with the fees. Yes this will delay things it is taking a lot longer than 90 day for ap. So May may not happen.

[Hypnos 6,576]

Agreed. As you now know, there is no fee waiver for a normal I-485. You must pay the entire fee yourself. 

 

Wait for the application to be rejected by USCIS and returned to you, then pay the fee and re-submit. 

[Illiria 980]

7 minutes ago, Hypnos said:

Wait for the application to be rejected by USCIS and returned to you, then pay the fee and re-submit. 

The alternative if she has not passed her admitted until date and she cannot or will not be inducted as godparent by proxy she could return home and you apply for a spousal visa instead of adjusting status here. 

[luymel 1]

The problem is she has overstayed her admit until date. 

[Hypnos 6,576]

That won't be an issue for AoS. 

[azblk 338]

At this point the only thing you can do is find the money and resend the application. If she has not overstayed by over 6 months she can go home and you do consular processing otherwise she will be subject to the 3/10 year ban if she leaves. Also because she came in with ESTA she basically has no rights when it comes to removal if ICE decides to initiate her removal. So you need to find the money as soon as you can otherwise this could end badly.

Edited January 19, 2018 by azblk

[Illiria 980]

4 hours ago, lucasv said:

The problem is she has overstayed her admit until date. 

Pity, then get the money to apply again. She might have to ask someone to stand in proxy for her as god parent if the ap doesn’t come through in time. 

[MiraW 58]

1. Regarding the fee issue. USCIS will reject you and return your whole package to you. I know this because I put down the wrong amount of fees on my check, and they rejected it and sent it back. The whole package will be returned so no need for extra paperwork. You need to pay for the fees. If this fee is too much for you, did you have a co-sponsor for your petition?

2. If she already overstayed her visit, she can't leave until she gets her AP. When I applied in 2014, it took me 5 months to receive my AP.... the day AFTER I got my green card. I don't know why, maybe I was just that "lucky".

    I was in desperate need to return to my home country to visit my father since he was diagnosed with cancer and had to go through a series of treatments. I successful applied for an emergency AP but I don't know if your case counts as emergency.

[luymel 1]

So how long does it take for them to send back the packet? I talked to my wife and she said her sister doesn't mind moving the baptism to a further date! So we can probably wait until the late summer. 

[TNJ17 1,329]

Just wanted to point out that if you don’t make much money, your aos might be rejected unless you applied with a sponsor. 

[luymel 1]

Thankfully my dad co sponsored my wife

 

Edited January 19, 2018 by lucasv

[MiraW 58]

34 minutes ago, lucasv said:

So how long does it take for them to send back the packet? I talked to my wife and she said her sister doesn't mind moving the baptism to a further date! So we can probably wait until the late summer. 

In my case, and this is back is 2014, from the day I sent it out til the day I got it back in hand was about 28 days.

[chars 151]

I agreed with all of my colleagues' assertions on this matter. Wait until your package is returned to you and then resubmit with the appropriate forms, fees and documents. This is not something to be petrified about.

[MarksMate 227]

Ask the family if they would be okay to livestream the baptism for you. If money is tight and you're not able to pay the fee then how is she going to pay for flights back to Spain. Think about where the best place for you guys to spend the money on would be. In this long and expensive journey there is a lot of sacrifices that you both will need to make. Pay the fee and resend the application, that's what I would be doing and as a beneficiary it's what I would tell my petitioner to do.