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I-130 improper filing fee

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  • I-130 improper filing fee

    I submitted our AOS concurrent filing for myself and my husband (I am a citizen and he is the one in AOS). We submitted I-130, 485, 765, & 864, as well as all the supporting documentation and evidence, and the g-1450 form for credit card transactions to pay. I got a bank statement this morning for the approved 485 fee, and realized something was wrong when I didnt see a bank transaction for my 130.

    I went back and checked my records and realized in a very boneheaded moment, I accidentally wrote the expiration date incorrectly for my credit card on the form. STUPID. I tried to call the bank and have them approve the transaction anyways, no luck. Tried calling USCIS to give them the correct date, nope. So now I've accepted that application will be rejected and returned for refiling.

    Based on that, I have three questions for anyone who has been in similar situations.
    1. How long will it take USCIS to return my application to me? It is June 6th today and my husbands visa will expire on July 3, so I am worried I will not get it back in time if the process takes forever. (sub question- if it does take to long and his visa does expire, does that change his eligibility? He is in the states on an OPT extension of an F1 student visa)

    2. Will they return my entire package, or just my 130 that had the incorrect payment?

    3. If they DO send the entire package back, will we be refunded the money they took out for the 485, will we have to pay for the 485 AGAIN when we resubmit it, or do I just send it back WITHOUT an additional payment since they took the payment for the 485 the first time?

    REALLY STRESSED HERE! Any information is so helpful. Like many of you, I love the family member I am petitioning for and just want this all to be taken care of.

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