rtg20

Hello,

I'm present in the US on a J1 visa (not subject to the 2 year thing) and recently married a US citizen (we met long after I applied for the visa). For a green card I filed I-130, I-765, I-864, I-485, G-325 and I-693 to the Chicago lockbox...and afterwards I realised I forgot to include the $70 biometrics fee for I-485!!

I have been advised not to send the check now but to wait, and to expect USCIS to accept my application anyway and send me a bill for $70.

Does anyone have experience of this? Will it delay my EAD? Will they sit on everything until after July 30th and then make me re-file at the higher rates?

Thanks,

Richard

Noorah101

Yes, you'll receive an RFE for the missing biometrics fee. Yes, it will delay your EAD, because you need a properly filed I-485 in order to receive an EAD. The I-485 won't be properly filed until all the fees are paid.

There's no way of predicting when you will get the RFE or how much they will ask you to pay. I assume it will be just the $70 you missed paying, since your postmark on the package was prior to July 30. But if they ask for more, just pay it...it's not worth arguing over. They will win.

Best Wishes,
Rene

rtg20

thanks for your reply!

Rete

They could also turn around and not accept your filing and return the entire package to you enmass. If this occurs then you have to refile and refile with the increased fees if it is after July 29th.

rtg20

argh!! which do you think is more likely?

ian-mstm

Since there are only two possible outcomes, RFE or resubmit, your chances are 50/50.

Ian

rtg20

Err...no, not unless the USCIS decide how to deal with people like me by flipping a coin!

ian-mstm

Okay... I'll play along... what other possible outcomes are there? I see two outcomes... either they send you an RFE for the missing money, or they return your application as incomplete and ask you to resubmit it. Since one is as likely as the other, the chances of either one happening are 50/50.

But no, you say... one is *not* as likely as the other. Perhaps you think that an RFE is more likely to happen than being asked to resubmit (after all, that'd certainly make you feel better)... so you might think that the outcome is more like 70/30... but you'd be wrong. Why? Because the outcome is not based on your intuition that one should happen and the other should not.

At any rate, once you hear from USCIS... one way or the other you'll have your answer.

Ian

rtg20

They sent me an NOA asking for the extra $70. :-)

ian-mstm

Excellent! See... no worries.

Ian