ROC: Request for Additional $85 for Biometrics of Adopted Daughter

[James and Cynthia 70]

My wife and I filed for ROC last week. Her 2yr gc expires near the end of November.

My wife and her daughter came here on a K1-Visa. I adopted her daughter in December of last year. Since then, we have already received her new birth certificate and a US passport.

When filing the I-751 last week for my wife, we put our daughter under Part 4, the section for my wife's children, but I checked the box NO for question 6 on if the child is applying with her. Since our daughter already has a US passport and US birth certificate, I should not need to file ROC for her. I paid $590 for the application fee ($505 + $85 for biometrics).

Today we received two letters in the mail:

1) I-797 Noice of Action for my wife.

2) Letter from USCIC to my wife.

In the letter, they are telling my wife that we should have included an additional $85 for biometric fees for our daughter. They say they reviewed her I-751 and the eligible conditional resident dependent listed in Part 5 requires biometric fees. (They must be wrong about Part 5 since the new I-751 has dependents in Part 4). They say we have 87 days to send another check for $85.

Why would they send this letter if we answered NO to our daughter filing jointly with my wife? We even sent in copies of the adoption papers, birth certificate, and US passport of our daughter, explaining that she was adopted and that she does not need to file ROC.

Should we have included our daughter as filing jointly?

Should we have paid the additional $85?

If I don't need to send the $85, what should we do instead?

-James

[Navyk 78]

My wife and I filed for ROC last week. Her 2yr gc expires near the end of November.

My wife and her daughter came here on a K1-Visa. I adopted her daughter in December of last year. Since then, we have already received her new birth certificate and a US passport.

When filing the I-751 last week for my wife, we put our daughter under Part 4, the section for my wife's children, but I checked the box NO for question 6 on if the child is applying with her. Since our daughter already has a US passport and US birth certificate, I should not need to file ROC for her. I paid $590 for the application fee ($505 + $85 for biometrics).

Today we received two letters in the mail:

1) I-797 Noice of Action for my wife.

2) Letter from USCIC to my wife.

In the letter, they are telling my wife that we should have included an additional $85 for biometric fees for our daughter. They say they reviewed her I-751 and the eligible conditional resident dependent listed in Part 5 requires biometric fees. (They must be wrong about Part 5 since the new I-751 has dependents in Part 4). They say we have 87 days to send another check for $85.

Why would they send this letter if we answered NO to our daughter filing jointly with my wife? We even sent in copies of the adoption papers, birth certificate, and US passport of our daughter, explaining that she was adopted and that she does not need to file ROC.

Should we have included our daughter as filing jointly?

Should we have paid the additional $85?

If I don't need to send the $85, what should we do instead?

-James

They made a mistake. Just explain to them in response to their letter that your daughter is a US citizen, which should clear the matter - if possible enclose a copy of her passport bio page.