Mistake on I130 (split)

[Lauriane_C 10]

Hi all,

 

Asking for a friend. Did you have to pay $485 for the I824 ?

She has to send this form because there was a mistake on her I130. USCIS didn't know where they had to send her application (NVC). So they requested her to send the I824 and she did it and it was rejected today because they didn't pay the fees.

Do you think that's normal to pay that amount of money just to tell USCIS "hey send my application to the NVC" ?

That's not fair !

Thank you for your help 🙂

[powerpuff 5,884]

33 minutes ago, Lauriane_C said:

Hi all,

 

Asking for a friend. Did you have to pay $485 for the I824 ?

She has to send this form because there was a mistake on her I130. USCIS didn't know where they had to send her application (NVC). So they requested her to send the I824 and she did it and it was rejected today because they didn't pay the fees.

Do you think that's normal to pay that amount of money just to tell USCIS "hey send my application to the NVC" ?

That's not fair !

Thank you for your help 🙂

Well, the mistake of not filling it out correctly was on your friend’s part , not USCIS. Your friend will have to pay the fee.

[Ontarkie 13,902]

~~Hijack post split off along with related reply to their own thread. Please do not post questions of your own in other member's threads.~~

[A&J22 30]

2 hours ago, Lauriane_C said:

Hi all,

 

Asking for a friend. Did you have to pay $485 for the I824 ?

She has to send this form because there was a mistake on her I130. USCIS didn't know where they had to send her application (NVC). So they requested her to send the I824 and she did it and it was rejected today because they didn't pay the fees.

Do you think that's normal to pay that amount of money just to tell USCIS "hey send my application to the NVC" ?

That's not fair !

Thank you for your help 🙂

The i-824 form fee is $465 per USCIS website, I always thought it is ridiculous that USCIS doesn't just give an RFE for this instead of making people apply for i-824 and wait few months again for it to be approved, but if you have to file it, I don't see how you can file it without paying the fee.

[Chancy 6,233]

16 hours ago, A&J22 said:

I always thought it is ridiculous that USCIS doesn't just give an RFE for this

 

RFEs are only issued to cases with pending petitions.  Cases that require I-824 already have approved petitions.  It's a silly technicality, but it is what it is.

 

[A&J22 30]

3 hours ago, Chancy said:

 

RFEs are only issued to cases with pending petitions.  Cases that require I-824 already have approved petitions.  It's a silly technicality, but it is what it is.

 

well I meant they should issue the RFE before approving the petition.

[pushbrk 12,092]

23 hours ago, A&J22 said:

well I meant they should issue the RFE before approving the petition.

Why?  They don't know it was a mistake.  Some mistakes are costly.  You pay and you wait.  Now they wait longer, because of the time wasted between filing without a fee and when they file again WITH the fee.  You say they didn't know where to send the petition.  Why didn't they know?  What exactly was the mistake on the I-130?

 

There are two sections of the form that come into play here.  If they left both sections blank, maybe an RFE.  If they completed the wrong one, there's no way for USCIS to know it was a mistake.

[A&J22 30]

3 hours ago, pushbrk said:

Why?  They don't know it was a mistake.  Some mistakes are costly.  You pay and you wait.  Now they wait longer, because of the time wasted between filing without a fee and when they file again WITH the fee.  You say they didn't know where to send the petition.  Why didn't they know?  What exactly was the mistake on the I-130?

 

There are two sections of the form that come into play here.  If they left both sections blank, maybe an RFE.  If they completed the wrong one, there's no way for USCIS to know it was a mistake.

if they only answered question 61 (Adjustment of Status),  then yes, it's clearly incorrect and there is no way for USCIS to assume the beneficiary is outside the US, but in all cases, the address of beneficiary should be a clue for USCIS as well as whether there is a filed i-485, but many officers unfortunately are lazy or maybe they're told to just issue RFEs to slow things down. 

[mamba69 38]

1 hour ago, A&J22 said:

if they only answered question 61 (Adjustment of Status),  then yes, it's clearly incorrect and there is no way for USCIS to assume the beneficiary is outside the US, but in all cases, the address of beneficiary should be a clue for USCIS as well as whether there is a filed i-485, but many officers unfortunately are lazy or maybe they're told to just issue RFEs to slow things down. 

USCIS don't go by clues. They go by evidence and what you write on I-130. They have tens of thousands of forms to adjudicate and don't have time not to be ''lazy'' and invest that much time into single petition. That's why you either invest time to read instructions before filling or hire a lawyer to do that for you.

Edited November 25, 2022 by mamba69

[A&J22 30]

1 hour ago, mamba69 said:

USCIS don't go by clues. They go by evidence and what you write on I-130. They have tens of thousands of forms to adjudicate and don't have time not to be ''lazy'' and invest that much time into single petition. That's why you either invest time to read instructions before filling or hire a lawyer to do that for you.

I agree with you that people need to read the instructions and be careful filling out the forms or get help, but choosing to just go by evidence for this specific issue as you stated makes the backlog worse, it doesn't help the overall issue.

[BasitFionaAli 28]

On 11/22/2022 at 6:10 PM, Lauriane_C said:

Hi all,

 

Asking for a friend. Did you have to pay $485 for the I824 ?

She has to send this form because there was a mistake on her I130. USCIS didn't know where they had to send her application (NVC). So they requested her to send the I824 and she did it and it was rejected today because they didn't pay the fees.

Do you think that's normal to pay that amount of money just to tell USCIS "hey send my application to the NVC" ?

That's not fair !

Thank you for your help 🙂

Yes you have to pay the fee (485$)  It sucks but that's how they make their money ughhhh

[pushbrk 12,092]

8 hours ago, BasitFionaAli said:

Yes you have to pay the fee (485$)  It sucks but that's how they make their money ughhhh

USCIS doesn't exactly "make money" but I get your point.  It's a bureaucracy not funded by tax revenue.  It's fully funded by fees.  Unlike a for profit business, there's no "owner(s)" at the top to take home profits.  Those people are on a government salary system. More fees, means more employees can be paid to do as little as possible, growing the fiefdoms of the managers.

 

In this case though, that's not really relevant.  The OP made a mistake that caused the need to file a form that has a fee associated with it.  Not a USCIS mistake, as they would wish to think.

 

[Crazy Cat 39,187]

8 hours ago, BasitFionaAli said:

Yes you have to pay the fee (485$)  It sucks but that's how they make their money ughhhh

Someone has to pay for the time USCIS takes to process a form.

[Lauriane_C 10]

Of course I understand all your points. I just think it's a little bit expensive for just a case that my friend haven't checked. I mean, it's almost the same fee than the whole I-130. And it seems that there are a lot of people who need to fill this form. I've made some research and I was amazed by that. The USCIS agent will just have to send her application to the NVC. I'm sure it will take less than 5 minutes.

In any case it's ok, my friend is going to send her new form with a money order. 

Thank you all for your answers 🙂

Edited December 2, 2022 by Lauriane_C