Immigration Links - Immigration Forum: Naturalization/Citizenship: Concerning filing fees...
By Anonymous on Tuesday, October 2, 2001 - 05:50 pm:
I am an American citizen, and I married a Brazilian citizen in April, 2001. We were told by our paralegal to send in all pertinent documents without their respective filing fees, which we now know is not true. We expected the work authorization within 90 days. We have never heard back from the INS, and when we called the national office, we were told to wait for up to 24 months for the INS to contact us. Should we send in the filing fees at this point or re-file everything? We have sent, in April 2001:
Dear Anonymous:
-I-130
-G-325
-I-864
-I-765
-I-485
-I-693 (with medical exam)
-photocopy of marriage certificate
-both birth certificates
-two photos (as requested)
-documents translated from Portuguese to English
Any help would be appreciated.
Thanks!
By ImmigrationHelp on Thursday, October 4, 2001 - 02:52 pm:
We would suggest that you telephone the immigration office where you filed your application and ask them what they would suggest. If they say to send in the filing fee, then you should do so, together with a cover letter addressed to the attention of the person you spoke with, and referencing your telephone conversation. Be sure to send the letter by certified mail, return receipt requested.
If the person tells you to file a new application, with the appropriate filing fees, then you should do so. Again, attach a cover letter explaining why you are resubmitting a new application. If you can mail it to the attention of a particular person that would be better, but INS may make you send it to the normal filing address.
We don't know whether your case depends upon section 245(i) or not. If not, then follow our instructions above. If it is dependent on section 245(i), (for example, if she entered the country illegally), then you may be faced with a dilemma. Since you did not pay the filing fee, the case was not properly filed on or before 4/30/01. Therefore, she is not grandfathered under section 245(i). In that case, you may have to wait until Congress passes the extension of section 245(i) before you file again. If you are faced with this second scenario, we would suggest that you speak with an immigration law attorney before you take any action. Good luck.
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