interview under age 14?

Yes, my husband filed I-130 for me and my daughter. I filed I-485 but only for myself and included my daughter in it thinking she didn't need a separate I-485. i filed I-765 and I-131 for her too and included her in our I-864 and she had a separate I-693. They all got rejected on the basis of fees being incorrect and the I-130 being filed to the wrong address.

I didn't understand it at first so I contacted an immigration attorney for advice. That's when it all fell apart.
Now, I understand why these apps were rejected. I-130 not concurrently filed with I-485 cannot go to Chicago lockbox and without I-485, I-765 and I-131 have individual fees hence the "incorrect fees" remark from USCIS.

The attorney should have said: "hey, you need to fill out a separate I-485 for your daughter and resend all the apps." It would have been fine and now she would have her GC. :(
Instead she said: "why are you doing a separate GC for her? she'd get her GC once yours is approved due to her having a derivative status"

Now, I guess we will have to file for her independently and pay the extra $330. Immigration has all her paperwork but the I-130, I-765, I-131 and I-693. Everything else (copies of documents, photos, etc) were kept. I saw it when I had my interview and the IO was looking at all her stuff shaking his head.

Just to be sure - I do have to pay the full fee, as if she were filing independently? Even though she was included in all our files? I don't want her paperwork sent back "wrong fee". It's $600 for dependent filing with beneficiary and $930 without. That's for the I-485 and $355 for the I-130. Am I right?
 
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moonmosaic said:
Just to be sure - I do have to pay the full fee, as if she were filing independently? Even though she was included in all our files? I don't want her paperwork sent back "wrong fee". It's $600 for dependent filing with beneficiary and $930 without. That's for the I-485 and $355 for the I-130. Am I right?
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Your daughter is filing independently so submit 130 ($355) + 485 ($930). It would have been $600 had she filed dependently with you (like me and mine)
 
It is not so clear. The reference is to 201(b)(A)(i), 203(a)(2)(A), and 203(d) of the INA.

203(a)(2)(A) is about children and spouses of GC holders (filing independently).
203(d) is about dependents (filing as dependents)
201(b)(2)(A)(i) is about immediate relatives (filing independently)


201(b)(A)(i) does not exist. If they meant 201(b)(2)(A)(i) (that is what I suspect they meant) and your daughter is filing I-485 concurrently with you, her fee is $600.
 
raevsky said:
It is not so clear. The reference is to 201(b)(A)(i), 203(a)(2)(A), and 203(d) of the INA.

203(a)(2)(A) is about children and spouses of GC holders (filing independently).
203(d) is about dependents (filing as dependents)
201(b)(2)(A)(i) is about immediate relatives (filing independently)


201(b)(A)(i) does not exist. If they meant 201(b)(2)(A)(i) (that is what I suspect they meant) and your daughter is filing I-485 concurrently with you, her fee is $600.
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She already filed and has her GC. Her daughter is currently out of status and hasn't filed anything as of now. I don't think this is filing concurrently.
 
Concurrently is another undefined term. It does not necessarily mean at the same time.
For instance, concurrent for the purpose of concurrent filing of I-130 and I-485 means I-485 filed at the same time or later than I-130, but before I-130 is approved.

If I were not able to find the right answer (and I do not see an obvious answer now), I would enclose both checks.
 
raevsky said:
Concurrently is another undefined term. It does not necessarily mean at the same time.
For instance, concurrent for the purpose of concurrent filing of I-130 and I-485 means I-485 filed at the same time or later than I-130, but before I-130 is approved.

If I were not able to find the right answer (and I do not see an obvious answer now), I would enclose both checks.
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Yes, but my I-130 and I-485 have been approved. Wouldn't it render my case closed?

My daughter's I-130 is not pending it was rejected when I filed it concurrently. The reason I was thinking, maybe, it is still concurrent because she was included in all our applications as a dependent living with us in the US. She didn't just turn up on my doorstep yesterday.

My husband is worried USCIS may cash both checks by mistake. LOL

Well, I have the number for the IO who approved me, maybe I give him a call tomorrow.
 
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moonmosaic said:
Yes, but my I-130 and I-485 have been approved. Wouldn't it render my case closed?

My daughter's I-130 is not pending it was rejected when I filed it concurrently. The reason I was thinking, maybe, it is still concurrent because she was included in all our applications as a dependent living with us in the US. She didn't just turn up on my doorstep yesterday.

My husband is worried USCIS may cash both checks by mistake. LOL

Well, I have the number for the IO who approved me, maybe I give him a call tomorrow.
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Since your 130 was already approved I don't see how concurrent comes in here. Regardless of whether she was your dependant, she didn't file with you "concurrently" so she should file independently. Update us on what happens. I almost told you to send 2 checks, then I thought just like your husband did - they may cash both checks!:)
 
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So, I called my IO this morning and he didn't know the answer to my question even though he knew my case.

He suggested I call the 1-800-375-5283 number instead. So I did, and it was a nightmare to get through. Anyway, after I managed to get hold of someone I was told that the full fee must be paid if the dependent is filing without the beneficiary. The lady I spoke to didn't look into my case, she was just reading from her notes; i.e. filing fees etc.

My understanding is that had I filed her apps while my case was still pending it would have still been concurrent. She can no longer file with a parent concurrently so she is on her own.

I will send a check for $930 if I get an RFE I'll kill myself. :mad: I just want this whole thing to be over.
 
The answer http://lawbw.blogspot.com/2008/05/uscis-answers-questionsapril-29-2008.html is
14.Question: One of our affiliates is representing an asylee client who is under 14 and who is about to file her I-485. Her parents have already filed their I-485s, (the family did not have enough money to file all 3 applications at the same time) so her I-485 is not being submitted with her a parent’s application. The USCIS fee schedule states that the I-485 filing fee for applicants under 14 who are filing with at least one parent is $600 and $900 if not filing with the I-485 application of at least one parent. May an applicant who is under the age of 14 and who files an I-485 after his/her parents have already filed their I-485 (due to the fact that the family had to save enough money for the filing fees), pay the $600 fee since at least one of his/her parents already have an application pending with USCIS?

Response: Applicants under 14 years of age and who are filing with the I-485 application of at least one parent have a fee total of $600. If the applicant under 14 years of age is not filing with the I-485 application of at least one parent, then the applicant would have a fee total of $930; however no biometric fee is needed. An asylee applying for adjustment of status under section 209(b) of the Act is eligible to apply for a fee waiver.
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Also, discussion of official fee change is on http://edocket.access.gpo.gov/2007/E7-10371.htm - search for the word concurrent

I would really believe from the discussion concurrent means filed at the same moment together.
 
raevsky said:
The answer http://lawbw.blogspot.com/2008/05/uscis-answers-questionsapril-29-2008.html is


Also, discussion of official fee change is on http://edocket.access.gpo.gov/2007/E7-10371.htm - search for the word concurrent

I would really believe from the discussion concurrent means filed at the same moment together.
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Yes, although I assume that had I resend the missing I-485 a few weeks later the filing fee should have also been only $600. I did ask the lady if concurrent meant "at the same time" and she said no. I think concurrent means that the dependent must have a parent with AOS pending at the time of filing. Well, I am no longer such a parent so there you go. :(
 
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moonmosaic said:
So, I called my IO this morning and he didn't know the answer to my question even though he knew my case.

He suggested I call the 1-800-375-5283 number instead. So I did, and it was a nightmare to get through. Anyway, after I managed to get hold of someone I was told that the full fee must be paid if the dependent is filing without the beneficiary. The lady I spoke to didn't look into my case, she was just reading from her notes; i.e. filing fees etc.

My understanding is that had I filed her apps while my case was still pending it would have still been concurrent. She can no longer file with a parent concurrently so she is on her own.

I will send a check for $930 if I get an RFE I'll kill myself. :mad: I just want this whole thing to be over.
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Exactly what I thought! She has to file independently.
 
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