Fee Waiver for application

[Canadian_girl08]

I was reading about the Fee Waiver and that basically if you're applying for a family based visa that you can't get it because you basically have to prove that you won't become a public charge. I have someone who will be a joint sponsor me for my GC and help me getting some of the money together for it. Right now my husband is not working and receving food stamps and medicaid. Is there special circumstances where they'll grant the fee waiver to a family based visa.??

 

[JohnnyCash]

If you are going to have a co-sponsor then you may file for a fee-waiver application but make sure to write down in there that you will have a joint-sponsor for your adjustment of application. Also, you will need to submit/prove how you guys are supporting yourself in the light of being an indigent person. And if you will tell that someone else supporting you, which might be the case, then make sure to send the income tax returns of that person for the last two years, otherwise USCIS will ask those documents later on if you will prefer USCIS to consider your fee-waiver application.

I think you have nothing to lose by filing a waiver application since you are going to use a joint sponsor anyway for your AOS. All you will lose is time as it takes 1-3 months for a fee-waiver application to be adjudicated unless more documents are requested for further consideration. When USCIS states that it's not advisable to file a fee-waiver application for applicants for AOS then they were more concerned about public charge ground for AOS to be denied but when someone is going to use a joint sponsor then this ground of denial becomes mute. If you can, send the whole and completed application (AOS) with this request with a cover letter explaining that you are indigent and don't have enough income and are having a joint sponsor for the form I-864.

Good luck...

 

[Canadian_girl08]

Thanks a lot for explaining that to me! Have you ever heard of anyone in my situation that actually was approve for the Fee Application Waiver??

 

[JohnnyCash]

Thanks a lot for explaining that to me! Have you ever heard of anyone in my situation that actually was approve for the Fee Application Waiver??

As a matter of fact, I DID witnessed someone who filed this fee-waiver application in connection with AOS. After 1-2 months of filing such application, USCIS requested more documents and information like the income tax returns for last two years from the person who was financially supporting that person. USCIS also requested to detail who the applicant was living with, what other expenses and debts applicant had, and applicant's tax returns as well to prove she didn't have any income. Eventually they approved such an application for the person, and AOS got approved too down in the road because the person had a joint sponsor for the purpose of I-864.

I want you to know that AOS is adjudicated by immigration officers than those who approve fee-waiver application. Further, one a fee is paid or an application for fee-waiver is approved, nobody in USCIS knows or checks to see if fee was waived in this case because of indigent status or whatever; instead the case is moved on to next processing. That means, once this fee waiver application will get approved for you, your case will move forward and process normally like any other application, and interviewing officer will not even know about this fee-waiver application anyway.

Keep it in mind that approving such an application is discretionary, meaning even if you will present a very convincing and compelling case for a fee-waiver request, USCIS might still deny it. Pretty much it will depend on the assigned officer who will make a decision on your application. Again, there is no harm in trying it except losing 1-2 months.

Good luck...