submit I-130 by mistake for K1 visa to AOS

[HelpMe2]

My fiance came here on K1 visa and we did get marry within 90 days. When we submit her AOS, we made two mistakes -

1. incorrect filing fee for I-485 (missing the biometric fee)
2. also file the I-130 thinking she is now now my spouse so we need to file I-130. I just find out I-130 is not needed for K1 visa if marry within 90 days.

The whole package was rejected for incorrect filing fee. When we re-submit with the correct filing fee, we have two questions -

1. should we re-submit without sending the I-130 since it was not needed in the first place?
2. should we re-submit with the original application that was rejected due to incorrect filing fee or just start a brand new application?

Thanks for all the info.

[rayb]

When your package was rejected and returned to you, it means that you have to submit a new package, with correct forms and fees.

--Ray B

My fiance came here on K1 visa and we did get marry within 90 days. When we submit her AOS, we made two mistakes -

1. incorrect filing fee for I-485 (missing the biometric fee)
2. also file the I-130 thinking she is now now my spouse so we need to file I-130. I just find out I-130 is not needed for K1 visa if marry within 90 days.

The whole package was rejected for incorrect filing fee. When we re-submit with the correct filing fee, we have two questions -

1. should we re-submit without sending the I-130 since it was not needed in the first place?
2. should we re-submit with the original application that was rejected due to incorrect filing fee or just start a brand new application?

Thanks for all the info.