AOS got sent back, saying incorrect fee?

[Jenerii 1]

Hi,

My wife entered America on a K-1 Fiance Visa.

We mailed in our AOS on August 31, 2020. It arrived there on September 2nd. Today, we got our AOS back saying the fee we wrote on the check is incorrect. Our check was for $1,635.

$1,140 for I-485
$410 for I-765
$85 for biometrics

We didn't send in I-131 as we won't be needing that.

What did we get wrong?

[Carpe Vinum 2,310]

 

Filing Forms I-765 and I-131 with Form I-485

If you are filing Form I-485 and pay the required fee (or already filed Form I-485 and paid the required fee on or after July 30, 2007), you do not have to pay an additional fee to also file a Form I-765, Application for Employment Authorization and/or Form I-131, Application for Travel Document for advance parole. You may file these forms together. If you choose not to file Form I-765 and/or Form I-131 with your Form I-485, then you must submit a copy of your I-797C, Notice of Action, receipt as evidence that you filed a Form I-485.

 

I-485  $1140

Biometrics $85

Total  $1225

Edited September 18, 2020 by boris64

[HRQX 4,145]

9 minutes ago, Jenerii said:

What did we get wrong?

It should have been $0 for I-765 per instructions: https://www.uscis.gov/sites/default/files/document/forms/i-765instr.pdf

"a filing fee is not required for:
.

.

12. (c)(9) or (c)(16) Any current Adjustment of Status or Registry applicant who filed Form I-485 on or after July 30, 2007, and paid the appropriate Form I-485 filing fee. If you file Form I-765 separately from your Form I-485, you must also submit a copy of your Form I-797C Notice for Form I-485, as evidence of filing Form I-485 on or after July 30, 2007, and payment of the appropriate filing fee. If you did not pay the appropriate Form I-485 filing fee because your filing fee was waived or you are exempt from paying it, you must pay the Form I-765 filing fee or request that the filing fee be waived"

 

Reminder that (c)(9)( ) should be the category on I-765. When you send it back, it's recommended to use FedEx, UPS, or DHL because of current USPS delays:

 

[Crazy Cat 39,227]

23 minutes ago, Jenerii said:

Hi,

My wife entered America on a K-1 Fiance Visa.

We mailed in our AOS on August 31, 2020. It arrived there on September 2nd. Today, we got our AOS back saying the fee we wrote on the check is incorrect. Our check was for $1,635.

$1,140 for I-485
$410 for I-765
$85 for biometrics

We didn't send in I-131 as we won't be needing that.

What did we get wrong?

You really need to reconsider the I-131.  There have been plenty of people who didn't file it, but later regretted it.....It is free.  There is really no reason not to file it.

[Ayrton 965]

29 minutes ago, Jenerii said:

Hi,

My wife entered America on a K-1 Fiance Visa.

We mailed in our AOS on August 31, 2020. It arrived there on September 2nd. Today, we got our AOS back saying the fee we wrote on the check is incorrect. Our check was for $1,635.

$1,140 for I-485
$410 for I-765
$85 for biometrics

We didn't send in I-131 as we won't be needing that.

What did we get wrong?

EAD is free if filed before Oct 2nd. As well as AP. Send everything back with the correct payment and the AP form, even if you expect not to use it, emergency happens.

 

Edited September 18, 2020 by Ayrton

[geowrian 22,335]

Yup...wrong I-765 fee here. Should be $0.

[Jenerii 1]

Thank you so much for all your advice! For some reason, we were under the impression we had to pay for I-765 and I-131.

One more question, we found that every page of the AOS we sent in had some random numbers stamped on the bottom of each page. And on a couple of pages, there were some random writings such as "MW"

Do we need to send in brand new forms or do we resend the same AOS package despite the stamped numbers and writings?

[geowrian 22,335]

4 minutes ago, Jenerii said:

Do we need to send in brand new forms or do we resend the same AOS package despite the stamped numbers and writings?

You can re-use the same forms so long as they are still the accepted editions. The I-765 updated not that long ago. Best thing is to go through each form and make sure it's still the latest/accepted version.

Or you can print entirely new ones. Doesn't matter....your previous mailing essentially never happened.

[Jenerii 1]

1 hour ago, geowrian said:

You can re-use the same forms so long as they are still the accepted editions. The I-765 updated not that long ago. Best thing is to go through each form and make sure it's still the latest/accepted version.

Or you can print entirely new ones. Doesn't matter....your previous mailing essentially never happened.

Noted. Thank you!

[Demise 1,096]

3 hours ago, Jenerii said:

Hi,

My wife entered America on a K-1 Fiance Visa.

We mailed in our AOS on August 31, 2020. It arrived there on September 2nd. Today, we got our AOS back saying the fee we wrote on the check is incorrect. Our check was for $1,635.

$1,140 for I-485
$410 for I-765
$85 for biometrics

We didn't send in I-131 as we won't be needing that.

What did we get wrong?

You paid too much, namely I-765 if filed in connection to I-485 is exempt from filing fee. Also make sure to use category code (c)(9)( ) on the I-765.

 

2 hours ago, Jenerii said:

Thank you so much for all your advice! For some reason, we were under the impression we had to pay for I-765 and I-131.

One more question, we found that every page of the AOS we sent in had some random numbers stamped on the bottom of each page. And on a couple of pages, there were some random writings such as "MW"

Do we need to send in brand new forms or do we resend the same AOS package despite the stamped numbers and writings?

Unless you catch a mistake you want to rectify you can just replace the check and send the whole packet back to them.

[Sarge2155 4,570]

13 hours ago, Jenerii said:

Noted. Thank you!

Better hurry and submit your packet again WITH the I-131 as the fee increase will take effect on October 2, 2020 and it is substantial.

[HRQX 4,145]

5 hours ago, Sarge2155 said:

Better hurry and submit your packet again WITH the I-131 as the fee increase will take effect on October 2, 2020 and it is substantial.

What matters is that I-485 is filed before 10/02/20 and full I-485 fee is paid. If that is done, I-131 can still be filed later without fee. Renewals and replacements are also free in those cases. See "Table 4: Filing Fee Exemptions" on Pages 161-171: https://s3.amazonaws.com/public-inspection.federalregister.gov/2020-16389.pdf That is why filing I-485 packet before 10/02/20 is important.

 

OP should refile with the fastest shipping speed that FedEx, UPS, or DHL offers. USPS is having major delays in Chicago area. Even "next day" packages are taking weeks there.

 

[JKLSemicolon 327]

On 9/19/2020 at 10:56 AM, HRQX said:

OP should refile with the fastest shipping speed that FedEx, UPS, or DHL offers. USPS is having major delays in Chicago area. Even "next day" packages are taking weeks there.

 

I can't speak for others, but we sent our package to the Chicago PO Box address via Priority Mail Express and it arrived the next day before noon.

[HRQX 4,145]

On 9/19/2020 at 4:48 AM, Sarge2155 said:

Better hurry and submit your packet again WITH the I-131

And Form I-944: https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge/injunction-of-the-inadmissibility-on-public-charge-grounds-final-rule "If you filed your Form I-485, Application to Register Permanent Residence or Adjust Status, after Feb. 24, 2020, you may be required to file Form I-944, Declaration of Self-Sufficiency. If we receive a Form I-485 before Oct. 13, 2020, that does not have all required forms and evidence, we will request any missing forms and evidence."

[geowrian 22,335]

10 minutes ago, HRQX said:

And Form I-944: https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge/injunction-of-the-inadmissibility-on-public-charge-grounds-final-rule "If you filed your Form I-485, Application to Register Permanent Residence or Adjust Status, after Feb. 24, 2020, you may be required to file Form I-944, Declaration of Self-Sufficiency. If we receive a Form I-485 before Oct. 13, 2020, that does not have all required forms and evidence, we will request any missing forms and evidence."

Yup, the I-944 is back on. And it sounds like they will be requiring it for anybody who filed when it was temporarily suspended due to the injunction (unless already adjudicated)...kinda what I expected them to do, honestly.