I-485 rejected for no payment... with a cashier check?

[Juniormint 0]

Hi everyone, on Jan 4 we sent in the whole I-130 and I-485 package for my wife doing an AOS. I'm a LPR.

 

We paid with two cashier's checks from our Chase Bank account.

 

The I-130 filing has no problems and the bank has confirmed the $535 was cashed.

 

The I-485 was rejected today for no payment, two weeks after the NOA receipt date saying they received the full $1225 and a $0 balance is due. It's a cashier's check so it's not like it can bounce. Bank says it is still out there and nobody has tried to cash it. I guess it got lost after initial receipt of our filing package or something like that? I have photos of the checks and even a photo from the UPS store just before the package was sent off.

 

Any suggestions? We're trying to also find a lawyer as she is technically out of status right now.

[arken 4,197]

Did you get the i485 package back along with the rejection letter? if your spouse was still in legal ststus, the option was to refile along with new payment (your cashiers check won't get cashed even if found by uscis later on so you can get it the miney from the bank later on).

 

So your spouse's i94 or legal status expired between Jan 4, the day you sent the package and today!!! That is a great mistake to file for AOS that close to status expiry. I am not sure if a lawyer can do anything.

 

 

[Chancy 6,233]

2 hours ago, Juniormint said:

We're trying to also find a lawyer as she is technically out of status right now.

 

What visa did your wife use to enter the US?  As spouse of an LPR, she is not eligible to adjust status if she is already out of status.  What do you expect a lawyer to do for her?

 

[Juniormint 0]

6 minutes ago, Chancy said:

 

What visa did your wife use to enter the US?  As spouse of an LPR, she is not eligible to adjust status if she is already out of status.  What do you expect a lawyer to do for her?

 

For example help file a 290B petition that this is a clear provable error by USCIS to reopen the case. We got a receipt NOA for payment of the I-485 with $0 balance due, then 2 weeks later rejected for not paying. The other check from the same package has a "fee payment received" notice now.

 

As to why we didn't file earlier, she was given about 105 days on her I-94 date and there is the "90 day rule". The CBP border agent that inspected her on arrival even suggested we wait 90+ days then get married and adjust status.

[Bajinga 136]

unfortunate that you got the wrong guidance. there is no 90 day rule, you should have filed earlier. your wife should leave now before the ban kicks in and you should file a I-130 for a spousal visa and wait it out. I don't see a clear path out of this for a AOS and you might end up digging a deeper hole if she is out of status and stays. payment can be cancelled/bounced for a number of reasons, pretty difficult to prove it was a USCIS error. 

Edited January 22, 2022 by Bajinga

[Juniormint 0]

Mostly sharing info, but this is a summary posted Dec 17 about the 90 day rule and adjustment of status when entering on a non-immigrant visa:

https://sverdlofflaw.com/adjustment-of-status-and-the-90-day-rule/

[Chancy 6,233]

7 minutes ago, Juniormint said:

Mostly sharing info, but this is a summary posted Dec 17 about the 90 day rule and adjustment of status when entering on a non-immigrant visa:

 

That is not an official USCIS website.  Just a law firm fearmongering to get clients.  There is no 90-day rule, as far as USCIS is concerned.  Also, the Department of State is not involved with adjustment of status.  But if your wife applies for a spouse visa, as she likely will need to do, DOS will be involved and will scrutinize her overstay and any other visa violation.

 

Edited January 22, 2022 by Chancy

[Juniormint 0]

Well, it was in the policy manual for over 3 years and just got removed on July 16, 2021:

https://www.uscis.gov/policy-manual/volume-8-part-j

Under "updates".

 

"Technical Update - Removing References to the U.S. Department of State’s 90-Day Rule

July 16, 2021"

[Chancy 6,233]

1 hour ago, Juniormint said:

Well, it was in the policy manual for over 3 years and just got removed on July 16, 2021:

 

It was in the policy manual to say that there is no 90-day rule for USCIS.  Here is what the manual actually said before the reference was removed -- "The U.S Department of State’s 90-Day Rule [...]  This DOS 90-day rule is not binding on USCIS."  https://web.archive.org/web/20190423205101/https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3

 

[carmel34 3,532]

8 hours ago, Juniormint said:

The CBP border agent that inspected her on arrival even suggested we wait 90+ days then get married and adjust status.

Highly unlikely that this happened.  Entering the US on a non-immigrant visa with the intent to stay and adjust status is illegal.  Doesn't pass the smell test.

[Juniormint 0]

25 minutes ago, carmel34 said:

Highly unlikely that this happened.  Entering the US on a non-immigrant visa with the intent to stay and adjust status is illegal.  Doesn't pass the smell test.

Correct, which is the whole point of the "90 day rule" from the DOS mentioned above.

 

Don't know what to say. We were traveling together and I heard it with my own ears. It is also why they gave her 105 days instead of 180 on the I-94. I've gone through CBP 100+ times in my life and it's the 3rd time we've entered together. It was not normal and the only reason I mentioned it... but it's not the question.

 

 

 

• We got the NOA receipt that payment was received but nobody has tried to cash it (from the bank last night). It didn't bounce, nobody has tried to deposit/cash it.
• The identical check with a different amount for the I-130 in the same package was cashed
• We made two inquiries to USCIS to try and fix this before the case was rejected, neither has been responded to yet

I have documentation that supports every piece of that, e.g. one of the inquiries from from the online secure mail system in her account, the other was by phone and got the email that a Tier 2 agent will be calling us. I am getting a statement from a bank officer today that the check is active and nobody has tried to cash it.

 

Is there a way to get USCIS to reopen? They lost one of the two payments, we just want to pay.

[igoyougoduke 1,609]

The I-485 was rejected today for no payment, two weeks after the NOA receipt date saying they received the full $1225 and a $0 balance is due. It's a cashier's check so it's not like it can bounce --

• We got the NOA receipt that payment was received but nobody has tried to cash it (from the bank last night). It didn't bounce, nobody has tried to deposit/cash it.

how did you get NOA without payment clearance ? they dont issue NOA without funds clearing. Clearly you are not explaining things.

 

clearly your i-485 was not rejected cause of payment issue. There is another reason. if they issues NOA than they cashed the check.  Post the rejection letter here so people can help what the issue is 

 

[Juniormint 0]

I don't want to start posting all our personal information. I'm not making this up though.

 

In this I-797C the notice type is "receipt":

 

 

This is the body of the text of the rejection letter. It was a cashier check from the largest bank in the US so it's not a credit card issue or personal check that can "bounce". The bank says nobody has ever tried to cash it and it's still good. The exact same payment type was cashed about a week ago for the I-130.

 

 

[Mike E 11,724]

It says a bank rejected the payment. Even if it was improperly rejected by the bank, proving it is going to be hard.  You can see if your bank received the check.  

[arken 4,197]

NOA1 is usually based on preliminary checking of everything including the payment, not after actually cashing it in. Either they lost the check or there was some issue when actually cashing it in. It would be very hard to prove it's uscis error in not processing the payment if they are claiming such.