AOS got rejected because of wrong fee and whole package is being sent back

[ANOR 5]

Hi, just wondering if anyone has the same experience. we submitted our application for I130 and I485 (I131, I765 also). I knew we had to pay the 85$ for biometric, but in the form I485 instructions, it says we only have to pay if we're required to go in for the biometric appointment and we can pay at the time of appointment. Thats why I didn't include the 85$ fee. However, USCIS rejected our whole package and sending the whole package back because of just that wrong fee (which is not supposed to be wrong because I did exactly what they instructed on the form). Now It is causing us another 15-20 days delay because we have to wait for the original package to come back before we can correct the mistake. 

[KazuriSana 324]

5 minutes ago, ANOR said:

Hi, just wondering if anyone has the same experience. we submitted our application for I130 and I485 (I131, I765 also). I knew we had to pay the 85$ for biometric, but in the form I485 instructions, it says we only have to pay if we're required to go in for the biometric appointment and we can pay at the time of appointment. Thats why I didn't include the 85$ fee. However, USCIS rejected our whole package and sending the whole package back because of just that wrong fee (which is not supposed to be wrong because I did exactly what they instructed on the form). Now It is causing us another 15-20 days delay because we have to wait for the original package to come back before we can correct the mistake. 

 

Nothing else you can do but resend with the correct fee, including the biometrics fee. $1,225 is the correct fee.

 

Where did you get that particular instructions about the option to pay biometrics fee at the ACS? Besides, everybody age 14-79 MUST appear for the biometrics.

[Going through 5,668]

15 minutes ago, ANOR said:

in the form I485 instructions, it says we only have to pay if we're required to go in for the biometric appointment and we can pay at the time of appointment.

Curious where you read this....can you copy/paste the exact wording that led you to believe this to be true?

[Going through 5,668]

From the i-485 instructions:

 

Filing Fee. Each application must be accompanied by the appropriate filing fee and biometric services fee (if applicable). (See the What Is the Filing Fee section of these Instructions.) If you file this application with an agency other than USCIS, check with that agency to determine if and when you must submit biometric services fees.

 

and further down that same document under the What Is The Filing Fee section:

 

A biometric services fee of $85 is also required for applicants between 14 and 79 years of age.  

 

There is nothing in the instructions mentioning being able to pay the bio fee at the time of your biometrics appointment.

 

https://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

Edited June 28, 2018 by Going through

[Mmagic 127]

25 minutes ago, ANOR said:

Hi, just wondering if anyone has the same experience. we submitted our application for I130 and I485 (I131, I765 also). I knew we had to pay the 85$ for biometric, but in the form I485 instructions, it says we only have to pay if we're required to go in for the biometric appointment and we can pay at the time of appointment. Thats why I didn't include the 85$ fee. However, USCIS rejected our whole package and sending the whole package back because of just that wrong fee (which is not supposed to be wrong because I did exactly what they instructed on the form). Now It is causing us another 15-20 days delay because we have to wait for the original package to come back before we can correct the mistake. 

Page 14 and 15 on I-485

What Is the Filing Fee? The filing fee for Form I-485 is $1,140. If you are 13 years of age or younger and: 1. Are filing with a parent’s Form I-485, the filing fee for Form I-485 is $750; or 2. Are filing without a parent’s Form I-485, the filing fee for Form I-485 is $1,140. Form I-485 Instructions 12/13/17 N Page 15 of 42 A biometric services fee of $85 is also required for applicants between 14 and 79 years of age. If you are 79 years of age or older, you do not need to pay a biometric services fee. However, you still must appear for your scheduled biometrics collection appointment. If you are 13 years of age or younger, you do not need to pay a biometric services fee. However, you still must appear for your scheduled biometrics collection appointment. If you turn 14 years of age while your application is pending, you will then have to pay an $85 biometric services fee before USCIS will adjudicate your application.

[ch3john 308]

I'm guessing they got confused/misread the very last 2 sentences.

 

Biometric Services Appointment. USCIS may require that you appear for an interview or provide fingerprints,photograph, and/or signature at any time to verify your identity, obtain additional information, and conduct background and security checks, including a check of criminal history records maintained by the Federal Bureau of Investigation (FBI), before making a decision on your application, petition, or request. After USCIS receives your application and ensures it is complete, we will inform you in writing if you need to attend a biometric services appointment. If an appointment is necessary, the notice will provide you the location of your local or designated USCIS Application SupportCenter (ASC) and the date and time of your appointment. If you are an applicant (principal or derivative) filing FormI-485 with an immigration judge, you are required to comply with instructions you will receive during proceedings for submitting Form I-485 to USCIS with all relevant fees and for providing biometric and biographic information to USCIS.

[Sunnyland 639]

I went thru the instructions twice and I can not see where it says that you can pay at the appointment.

OP, where did you exactly read this? I'm intrigued. 

 

PS: That is why you need to read those instructions 100 times. It can be confusing with so many if...Or but..

Edited June 29, 2018 by Sunnyland

[ANOR 5]

Yeah I guess I got confused about the fee. Just too many forms. Thing is USCIS is sending the whole package back, would have been super helpful if they just asked us to send in an updated check. Now we have to wait for the package to come back, and send it in with an updated check.   

18 minutes ago, ch3john said:

I'm guessing they got confused/misread the very last 2 sentences.

 

Biometric Services Appointment. USCIS may require that you appear for an interview or provide fingerprints,photograph, and/or signature at any time to verify your identity, obtain additional information, and conduct background and security checks, including a check of criminal history records maintained by the Federal Bureau of Investigation (FBI), before making a decision on your application, petition, or request. After USCIS receives your application and ensures it is complete, we will inform you in writing if you need to attend a biometric services appointment. If an appointment is necessary, the notice will provide you the location of your local or designated USCIS Application SupportCenter (ASC) and the date and time of your appointment. If you are an applicant (principal or derivative) filing FormI-485 with an immigration judge, you are required to comply with instructions you will receive during proceedings for submitting Form I-485 to USCIS with all relevant fees and for providing biometric and biographic information to USCIS.

Yeah, these are the lines I saw in every form. 

[ANOR 5]

Thanks everyone though. This news definitely didn't make my day  

[Mmagic 127]

1 minute ago, ANOR said:

Yeah I guess I got confused about the fee. Just too many forms. Thing is USCIS is sending the whole package back, would have been super helpful if they just asked us to send in an updated check. Now we have to wait for the package to come back, and send it in with an updated check.   

I suggest that you go through the whole packet all over again and be sure nothing is missing and you are 100% everything requested being submitted. It does not hurt to check again, just in case. 

[geowrian 22,336]

2 minutes ago, ANOR said:

Yeah I guess I got confused about the fee. Just too many forms. Thing is USCIS is sending the whole package back, would have been super helpful if they just asked us to send in an updated check. Now we have to wait for the package to come back, and send it in with an updated check.  

They won't process the forms if there's incorrect payment. They are required to reject it.

[Going through 5,668]

1 minute ago, ANOR said:

Yeah I guess I got confused about the fee. Just too many forms. Thing is USCIS is sending the whole package back, would have been super helpful if they just asked us to send in an updated check. Now we have to wait for the package to come back, and send it in with an updated check.

Sometimes things happen for a reason.  

Use the opportunity to go through the package again with a fine-tooth comb when you get it back for any additional errors/omissions of evidence.

 

IMO, it's better the entire package is sent back in cases like incorrect filing fees---this way you can be assured that your check will be tied to your application instead of the package sitting on one person's desk, and the payment arriving at another person's desk, and something lost in transition along the way.

[ANOR 5]

Just now, Mmagic said:

I suggest that you go through the whole packet all over again and be sure nothing is missing and you are 100% everything requested being submitted. It does not hurt to check again, just in case. 

Yeah, thanks. sigh. 

[ANOR 5]

1 minute ago, Going through said:

Sometimes things happen for a reason.  

Use the opportunity to go through the package again with a fine-tooth comb when you get it back for any additional errors/omissions of evidence.

 

IMO, it's better the entire package is sent back in cases like incorrect filing fees---this way you can be assured that your check will be tied to your application instead of the package sitting on one person's desk, and the payment arriving at another person's desk, and something lost in transition along the way.

Yeah, thank you for the advice. Will do. Just the thought of having to go through the same waiting time is just not helping. 

[ch3john 308]

On a side note - My wife is going through ROC now and paid the bio fee. Got a letter saying they are waiving the bio and will use the one from AOS. No refund of course. Ask USCIS if they can apply our funds to your case