Q: Asking for i912 waiver on form i485 for my adjustment of status would it backfire when it comes to immigration interview
I am in the process of getting married and I am doing the ceremony this Friday. For the immigration forms I am not financially stable just because I am an expired DACA student, and I am not able to work. My fiancé(US citizen) is the only one with a steady income and maintaining me at the moment. In that case I was informed about the i912 form which is a waiver available for i485(Adj. of Stat) I want to know if this would hurt me in the future of the process when it comes to the immigration interview. Meaning that I am not able to rely on the governments help for a certain amount of time. I just want know if sending in this waiver with the form would end up backfiring in the future, only reason why I want to use the waiver is because I am not working at the moment which means theirs not enough income coming in to pay all our bills as well as an extra $2,000 for the two forms.
A:
There are only a couple of categories of cases for which the I-485 filing fee may be waived by using Form I-912. In relevant part, the instructions to Form I-912 provide:
Form I-485, Application to Register Permanent Residence or Adjust Status. A fee waiver is only available if you are
applying for lawful permanent resident status based on:
A. Special Immigrant Status based on an approved Form I-360 as an Afghan or Iraqi Interpreter, or Afghan or Iraqi
National employed by or on behalf of the U.S. Government;
B. An adjustment provision that is exempt from the public charge grounds of inadmissibility of the Immigration and
Nationality Act (INA) section 212(a)(4), such as the Cuban Adjustment Act, the Haitian Refugee Immigration
Fairness Act, continuous residence in the United States since before January 1, 1972, (“Registry”), Asylum Status,
Special Immigrant Juvenile Status, or similar provisions . . . .
Based on the circumstances you have described, it is doubtful that your case would qualify for a waiver of the I-485 filing fee using Form I-912. What might be best is for you to speak first with an immigration attorney at a consultation before filing any forms with USCIS. Some law offices, like mine, offer telephone and Skype consultations for those who are unable to attend in-person.
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