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Can i apply for form fee waiver i912 for i 485 and i130?

Berkeley, CA |

i am a us citizen, and got married to my 6 year girl friend, who fell out of status (f1) due to lack of funds, i know i have to file forms i130, 1 485 and i am currently unemployed, trying to get a job but it seems impossible right now, and she cant work also.
please advice. thank you

Attorney Answers 3

  1. Forms Eligible for Fee Waiver

    You may request a fee waiver based on an inability to pay for the following:

    1. General Fee Waivers: I-90, I-191, I-751, I-765 (excluding category (c)(33)), I-817, I-821, I-881, N-300, N-336, N-400, N-470, N-565, N-600, N-600K; and

    2. Humanitarian Fee Waivers: any fees associated with the filing of any benefit request by a VAWA self-petitioner or an alien who has or is requesting a T visa or U visa; is a battered spouse of A, G, E–3, or H nonimmigrant, or a battered spouse or child of a lawful permanent resident or U.S. citizen; or has Temporary Protected Status. This would include filings not otherwise eligible for a fee waiver or eligible only for a conditional fee waiver such as Forms I-212, I-485, I-539, and I-601.

    3. Conditional Fee Waivers: If not listed above, you may request a fee waiver subject to the following conditions:
    a. I-131 – only if applying for humanitarian parole (i.e., only for persons located overseas who are applying for an Advance Parole Document, Application Type “e” or “f” in Part 2);
    b. I-290B – only if the underlying application was fee exempt, the fee was waived, or it was eligible for a fee waiver; and
    c. In addition, an applicant who does not have to show he or she will not become a public charge for admission or adjustment of status purposes according to section 212(a)(4) of the INA may request a waiver of the following fees:

    I-485 (This would include but not be limited to an I-485 from an Afghan or Iraqi interpreter who has received a Special Immigrant Visa, a “Registry” applicant, an asylee, Special Immigrant Juvenile, an application under the Cuban Adjustment Act, the Haitian Refugee Immigration Fairness Act, and the Nicaraguan Adjustment and Central American Relief Act, or similar provision, or; a Lautenberg Parolee), and

    4. Biometric services in connection with any application or petition, regardless of whether it is listed above.

    NOTE: Granting of a fee waiver is at the sole discretion of USCIS.

    714-560-0040. The answer provided is general in nature and because not all facts are known, it should not be construed as legal advice. The answer does not create an attorney/client relationship.

  2. I agree with my esteemed colleague's excellent, detailed explanation.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

  3. Mr. Pineda gave a great list.

    Let me add a practical comment. Your wife has to file an affidavit of support show that you won't try to become a pubic 'charge.' Asking for a fee waiver isn't a good way to start your life in the US.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.

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