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Someone please advise--I messed up on 1-485

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  • Someone please advise--I messed up on 1-485

    Hello all,
    It has been a while since I've posted. My husband finally got back in Late February after a year long k-1 process.
    My husband & I just got married at the
    beginning of may. After the marriage, we filled out all of the forms that we were sent and also provided all of the documentation needed for my husband and myself. According to the instructions on the 1-485, it stated to send it to Nebraska if I lived in Indiana. So, I sent it certified to Nebraska. I now realize after following up further that I should've sent it to the Indianapolis (My local office)
    What do I do???
    I really doubt that Nebraska will take the initiative (they lost my ppw for 3 months while dealing with the K1 process)and send it back to me or back to the Indianapolis office. I just have this horrible feeling that it will just sit in a box for months on end and he will not get his work authorization. What would you all recommend that I do....should I stop payment on the check and resend the whole package to Indianapolis myself, or should I contact a Congressperson to get someone in Nebraska to hunt down the package & send it to Indiana or back to me? I am confused and my husband is worried about falling out of status on his temporary EAD via K1. Also, does anyone know if Nebraska would cash the check even though they are not the ones that are supposed to process it? Any help or advice is VERY MUCH appreciated.

  • #2
    Hello all,
    It has been a while since I've posted. My husband finally got back in Late February after a year long k-1 process.
    My husband & I just got married at the
    beginning of may. After the marriage, we filled out all of the forms that we were sent and also provided all of the documentation needed for my husband and myself. According to the instructions on the 1-485, it stated to send it to Nebraska if I lived in Indiana. So, I sent it certified to Nebraska. I now realize after following up further that I should've sent it to the Indianapolis (My local office)
    What do I do???
    I really doubt that Nebraska will take the initiative (they lost my ppw for 3 months while dealing with the K1 process)and send it back to me or back to the Indianapolis office. I just have this horrible feeling that it will just sit in a box for months on end and he will not get his work authorization. What would you all recommend that I do....should I stop payment on the check and resend the whole package to Indianapolis myself, or should I contact a Congressperson to get someone in Nebraska to hunt down the package & send it to Indiana or back to me? I am confused and my husband is worried about falling out of status on his temporary EAD via K1. Also, does anyone know if Nebraska would cash the check even though they are not the ones that are supposed to process it? Any help or advice is VERY MUCH appreciated.

    Comment


    • #3
      It will sit in Lincoln for a while. Eventually they will either return it to you as misfiled or fee it in. If they fee it in, they may see that it isn't their jurisdiction and forward it to the district. That could be the main office in Chicago instead of the sub-office. Or, they may just keep it.

      Whatever happens, at this point there isn't anything you can do except wait to get something back. Your congressman can't help now. USCIS isn't going to search through 50,000 envelopes looking for your packet. Wait until after you get a response. If it is anything other than a notice that the file was correctly sent to Indianapolis, get your congressman to help.

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      • #4
        So, would it not be a good idea to stoppay the check and just resend the information to Indianapolis?

        Comment


        • #5
          You could. They would send the application back to you.

          Or they could refer it to debt collection. Then you have a messy situation dealing with Treasury and private collection agencies.

          Comment


          • #6
            Thanks so much for your responses.
            I wonder though, if I were to refile the package in Indianapolis and include a letter stating that I accidently sent a package to Nebraska and that I stoppayed and resent the whole package locally if there could be any communication between the offices. After all, if I were to resend the package to Indianapolis and get a confirmation that they've recieved it, then they wouldn't file 2 identical cases for the same person, would they?

            Comment


            • #7
              I can tell you that if it were me I would send the whole package with new fees right away to the local office. It is true that they should send the old package back to you with checks uncashed. I agree that it would be pretty lousy if they cashed both checks, but I don't know if that would be worse than USCIS saying that I had given them bad checks. So stop the checks or not, but don't you want to file that packege now?

              Comment


              • #8
                INDY, UNDER NO CIRCUMSTANCES SHOULD YOU STOP PAYMENT ON THE CHECK!!!!! YOU WILL BE ASSESSED A FEE AND STILL REQUIRED TO PAY!!!!!!! Nebraska will fee in the application (or if they catch it they will send it back to you w/fees attached)and forward it to the local office.

                Comment


                • #9
                  Bronzelady,
                  Thank you for your response.
                  Would you know about how long will it take for them to forward on the application?
                  I am just afraid of having it sit in Nebraska for months on end and not recieve a confirmation of reciept. My husband's work status is expired as of May 23rd and I don't want him to be out of status & working illegally if we don't have to. Is there anyway that I can find out if Nebraska forwarded the application on?

                  Comment


                  • #10
                    BronzLady or anyone,
                    Can anyone advise on how long it would take to have this file forwarded.
                    Also, What would I do about his Work Authorization? I sent in the I-1765 along with the other forms. Will it affect our I-485 if he continues working past the expiration date of the Fiance Visa EAD?

                    Comment


                    • #11
                      They usually do *not& forward it. It would be a fairly rare exception for them to do so. They will usually send it back to you after it sits around for a while. If they send it back to you, then it is not actually filed, and therefore he would not qualify for status as an adjustment applicant untli it is filed again. I know you don't want to risk losing the money, but what is more important? As for how to find out if the file has been forwarded- you will get a receipt (I797) shortly after they receive it if it does actually get forwarded. Also- you could watch for payment on the checks.

                      Comment


                      • #12
                        Would this mean then that I would have to pay twice for all of the fees if I stoppayed the check?

                        Comment


                        • #13
                          What harm could there be in filing again with local office? You may pay twice but wouldn't it be worth it to know it is at the right place and he hopefully won't go out of status in any way? Then there's the chance that Nebraska might send pkg. back to you and not cash the checks... How did you know you should send to local office?

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                          • #14
                            Well,
                            I go onto this site from time to time.
                            Kind of an addiction I guess, and I noticed
                            that someone stated that 1-485 family-based petitions should go to the local office.
                            The instructions on the I-485 stated to send it to Nebraska. I wonder why they send out forms that give you incorrect information on where to send documents.
                            Also, a little tip for anyone reading this that has a fiance visa. Once your fiance comes to the states, you can go to the local office, state that you didn't recieve a stamp on the passport for a temporary EAD at the point of entry and they will give you a 90 day EAD free of charge. I learned this from another immigration site AFTER I payed the 120.00 for a temporary 90 day work authorization and ended up paying that money for nothing.

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