Quick I-751 fee and dependent question.

[Erroneous 0]

My wife came over on a K-1 visa with her son using a K-2 visa. When filing for removal of conditions after the initial 2 years of residence, do I need to submit an I-751 for her, and one for her son? From my understanding I submit one I-751 for her, and include her son as a dependent on the I-751.

On that same topic, what is the exact fee amount needed to be sent by personal check? I assume $505 for the I-751 + $85 for the primary applicants biometrics + $85 for her dependents biometrics with a total of $675.

Thank you so much for any clarification and help you can provide.

Aaron.

[ukprincessemx 0]

We have the same question. Someone please help.

The Form instructions say you only pay the fee for the "Form" which includes the dependents. If this is true - woo-hoo!! $1000 we saved, we can use for something more important.

[VanessaTony 3,567]

It's $590 for the initial applicant (the mother in this case), and $85 for any child eligible to be listed on Part 5.

Eligibility is explained on page 1 of the instructions: http://www.uscis.gov/files/form/i-751instr.pdf under "who may file form I-751". Long story short, the child had to have had their AOS approved within 90 days of the initial applicants AOS approval, but they also had to have entered the US within 90 days of your arrival.

So to explain for other posters. If the K2 came as a follow to join (not at the same time) and took longer than 90 days to arrive in the US after your arrival but you filed AOS together and were approved at the same time (or within 90 days) then they will need a separate I-751 and $590 fee (their arrival being more than 90 days precludes a joint filing).

If the K2 came at the same time, but their AOS was approved more than 90 days after the initial applicant then they file a separate I-751 (and pay the $590 fee).

However if the K2 came at the same time, or arrived within the 90 days after the K1 did, and if their AOS was approved at the same time, or under 90 day from the initial applicant, then they are eligible for Part 5 and only need an $85 fee.

.

[roytmini 0]

It's $590 for the initial applicant (the mother in this case), and $85 for any child eligible to be listed on Part 5.

Eligibility is explained on page 1 of the instructions: http://www.uscis.gov/files/form/i-751instr.pdf under "who may file form I-751". Long story short, the child had to have had their AOS approved within 90 days of the initial applicants AOS approval, but they also had to have entered the US within 90 days of your arrival.

So to explain for other posters. If the K2 came as a follow to join (not at the same time) and took longer than 90 days to arrive in the US after your arrival but you filed AOS together and were approved at the same time (or within 90 days) then they will need a separate I-751 and $590 fee (their arrival being more than 90 days precludes a joint filing).

If the K2 came at the same time, but their AOS was approved more than 90 days after the initial applicant then they file a separate I-751 (and pay the $590 fee).

However if the K2 came at the same time, or arrived within the 90 days after the K1 did, and if their AOS was approved at the same time, or under 90 day from the initial applicant, then they are eligible for Part 5 and only need an $85 fee.

.

If the K2 came at the same time, but their AOS was approved more than 90 days after the initial applicant then they file a separate I-751 (and pay the $590 fee).

When we had our interview we were getting scolding why we waited too long to apply for the AOS for her child K-2 and was told to add the k-2 when we file for the I-751 at the same time.. THIS IS THE WORD FROM THE OFFICER AT THE IMMIGRATION OFFICE/(OFFICER) NOT MY OPINION!!!! I am adding the K-2 in Part 5 and wait and see. FYI

Edited January 3, 2013 by roytmini

[VanessaTony 3,567]

If the K2 came at the same time, but their AOS was approved more than 90 days after the initial applicant then they file a separate I-751 (and pay the $590 fee).

When we had our interview we were getting scolding why we waited too long to apply for the AOS for her child K-2 and was told to add the k-2 when we file for the I-751 at the same time.. THIS IS THE WORD FROM THE OFFICER AT THE IMMIGRATION OFFICE/(OFFICER) NOT MY OPINION!!!! I am adding the K-2 in Part 5 and wait and see. FYI

This is dangerous. Please keep an eye on the expiry date of the K2's card so that if you don't have an NOA1 that includes the childs name, make an INFOPASS to make sure you don't miss her filing deadline.

Also, sometimes officers don't know everything. That's why they have supervisors. Perhaps prior to filing the I-751 you should make an INFOPASS and ask the officer whether you should include the child or do a separate app. Get recent info.