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Posted

Hi friends,

 

I just got my application package returned and the reason is that I didn't include the new forms. I sent my package out via UPS on Saturday, Feb 22nd thinking I should be safe. But it seems like UPS doesn't proceed packages on Saturdays but the following Mondays so mine got stamped on Feb 24th, which is when they applied the new rule. Lessons learned! And never procrastinate!!

 

Anyway, I am asking for advice on refiling the package. USCIS stamped all paperwork so we will have to reprint everything. Here are my questions - 

  1. It seems like the only changes after Feb 24 is the new form I-944. Meaning all other forms and their application fees remain the same, including I-130 ($535), I-485 ($1225), I-765, and I-864. Am I right about this? On USCIS website, I-485's latest edition date is 10/15/19 and they say that refers to Feb. 24, 2020. Very confusing. 
  2. Since the application got returned, I guess I will have to resign and redate all the forms. For questions like "Have you EVER filed a petition for this beneficiary or other alien", I guess I have to say "YES" and explain it?
  3. On our checks that were returned, they stamped "U.S. Department of Homeland Security Citizenship and Immigration Service" at the recipient area. I am not sure what this means. Should we write that down or "U.S. Department of Homeland Security" is fine?
  4. I just started to fill out I-944 and I have seen a lot of questions about it on this forum. Any advice on where I can find more information about it? I wish there is a pinned topic where everyone can talk about it.

 

Thank you all for reading this and answering my questions. I really had a panic attack when I saw that package this morning since I was concerned about not getting e-notice. 

 

Hope everyone is having a great day!

Posted
27 minutes ago, MargoMango said:

 

  1. It seems like the only changes after Feb 24 is the new form I-944. Meaning all other forms and their application fees remain the same, including I-130 ($535), I-485 ($1225), I-765, and I-864. Am I right about this? On USCIS website, I-485's latest edition date is 10/15/19 and they say that refers to Feb. 24, 2020. Very confusing. 

Double check your forms. USCIS did not upload the 10/15/19 forms until 2/24 when the I-944 became valid, so you may have to download and fill out the new version of the forms. The other info is correct.

 

31 minutes ago, MargoMango said:

 

  1. Since the application got returned, I guess I will have to resign and redate all the forms. For questions like "Have you EVER filed a petition for this beneficiary or other alien", I guess I have to say "YES" and explain it?

No, because they did not accept your forms so nothing has been filed. 

Posted
27 minutes ago, MargoMango said:

But it seems like UPS doesn't proceed packages on Saturdays but the following Mondays so mine got stamped on Feb 24th, which is when they applied the new rule. Lessons learned! And never procrastinate!!

In your defence, USCIS communicated that they would go by shipping date on proof of shipment with non-USPS couriers. But since you're not the only one that has experienced this very thing it seems the memo didn't reach everyone at USCIS and there's no real avenue to appeal. So you're right your best chance is to refile according to the new rules. 

 

28 minutes ago, MargoMango said:

It seems like the only changes after Feb 24 is the new form I-944. Meaning all other forms and their application fees remain the same, including I-130 ($535), I-485 ($1225), I-765, and I-864. Am I right about this? On USCIS website, I-485's latest edition date is 10/15/19 and they say that refers to Feb. 24, 2020. Very confusing. 

The fees are the same. For the forms I suggest you just download all the forms again fresh from USCIS' website, that way you'll know you've got the most recent version. You'll have to add I-944 with your packet as well. As for the I-485's revision date, that's because they tried to implement these rules back in October but the courts put a stop to that until Feb 24th, other than that it's not really relevant. 

 

31 minutes ago, MargoMango said:

Since the application got returned, I guess I will have to resign and redate all the forms. For questions like "Have you EVER filed a petition for this beneficiary or other alien", I guess I have to say "YES" and explain it?

Good question actually. I would say to answer no because they never accepted your filing and as such 'it doesn't exist', others might advise otherwise. Either way, it shouldn't affect petition in the slightest. 

 

32 minutes ago, MargoMango said:

On our checks that were returned, they stamped "U.S. Department of Homeland Security Citizenship and Immigration Service" at the recipient area. I am not sure what this means. Should we write that down or "U.S. Department of Homeland Security" is fine?

Just follow the instructions USCIS gives on their website. 

 

32 minutes ago, MargoMango said:

I just started to fill out I-944 and I have seen a lot of questions about it on this forum. Any advice on where I can find more information about it? I wish there is a pinned topic where everyone can talk about it.

No one really holds all the answers yet. Your best bet is to read through topics that ask about or that naturally talk about it (Feb/March 2020 AOS topics both in the K1 based and NIV based subforum). As for a pinned topic, that actually sounds like a good idea, feel free to start one and ask the mods to pin it by using the report button. 

 

Here are some general filing tips that might be handy to know: https://www.uscis.gov/forms/forms-information/form-filing-tips

Posted

Thank you both for answering my questions!

On 3/19/2020 at 12:44 PM, Poseidon1212 said:

In your defence, USCIS communicated that they would go by shipping date on proof of shipment with non-USPS couriers. But since you're not the only one that has experienced this very thing it seems the memo didn't reach everyone at USCIS and there's no real avenue to appeal. So you're right your best chance is to refile according to the new rules. 

 

The fees are the same. For the forms I suggest you just download all the forms again fresh from USCIS' website, that way you'll know you've got the most recent version. You'll have to add I-944 with your packet as well. As for the I-485's revision date, that's because they tried to implement these rules back in October but the courts put a stop to that until Feb 24th, other than that it's not really relevant. 

 

Good question actually. I would say to answer no because they never accepted your filing and as such 'it doesn't exist', others might advise otherwise. Either way, it shouldn't affect petition in the slightest. 

 

Just follow the instructions USCIS gives on their website. 

 

No one really holds all the answers yet. Your best bet is to read through topics that ask about or that naturally talk about it (Feb/March 2020 AOS topics both in the K1 based and NIV based subforum). As for a pinned topic, that actually sounds like a good idea, feel free to start one and ask the mods to pin it by using the report button. 

 

Here are some general filing tips that might be handy to know: https://www.uscis.gov/forms/forms-information/form-filing-tips

 

On 3/19/2020 at 12:39 PM, sjfoley1 said:

Double check your forms. USCIS did not upload the 10/15/19 forms until 2/24 when the I-944 became valid, so you may have to download and fill out the new version of the forms. The other info is correct.

 

No, because they did not accept your forms so nothing has been filed. 

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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