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I-912 Request for fee waiver rejected for a family member. Any help?

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  • I-912 Request for fee waiver rejected for a family member. Any help?

    Hello,

    I would really really appreciate any help because I received today a rejected package and I am totally confused and almost depressed right now...

    My husband is Cuban, I am his non-Cuban spouse, we applied 10/01/2013 for AOS under Cuban Adjustment Act. We sent all the documents in one envelope. We sent request for a fee waiver I-912 one in the package as they say in the instructions that there can be filed one fee waiver request for all the family members. It was signed by both of us and there was that I am his dependant, he is working and receiving benefits and I am not working and I am not applicable for the benefits, I don't have work permit.

    My husband entered to the US in August 2012 and is paroled for 2 years. I entered in August 2012 with B2 tourist visa. We're physically present here for more than a year and we're adjusting the status under Cuban Adjustment Act.

    We filed 10/01/2013 I-485 each one and I-912 one for both of us. We got two NOA is from 10/09/2013 his free waiver was approved and mine was rejected because of lack of evidence that I or a relevant member of my household is receiving benefits, which is confusing because they accepted his fee waiver...

    I qualify for AOS and fee waiver on the same basis as my husband. He is Cuban, he is adjusting his status under CAA, so do I. I couldn't adjust my status under this act if I'm not married to a Cuban. So the same rule applies to the fee waiver, am I right?

    Which Applications and Petitions will USCIS consider for a fee waiver?
    5. Form I-485 (...) based on:
    e) An adjustment provision that does not require that you are not likely to become a public charge, such as the Cuban Adjustment Act (...)
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    He is the only person in our family who is working and receiving benefits, he is a relevant family member to me. In the I-912 was stated that he is applying for 2 fee waivers, there was my name and signatures of both of us.

    Yesterday we got two envelopes. In the first one there was the I-797C notice of action that his fee waiver has been approved. In the second one there was a whole package of my documents with I-797C Rejection notice saying that I "did not provide acceptable evidence that I receive the benefits."

    Was we supposed to sent two of I-912?

    What should I do now - sent another package of my papers this time with I-912 and the documents that my husband is receiving the benefits? There will be his name, not mine!

    How come that they accepted his waiver and rejected mine if we apply as a family?

    Is it possible that it was rejected by a mistake? In the package of my documents there was one of his documents!!! (G-1145)


    Thanks in advance! I will appreciate any thoughts...

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