I 751 returned due to wrong filing fee. why?

[人肉的渣 你妈死了 1]

We attached the check of $595 without the $85 biometric fee. Because I-751 instruction on USCIS website instructs (page 2 line 13): U.S. Citizen or Lawful Permanent Resident Spouse. If you are the U.S. citizen or lawful permanent resident spouse, you do not need to include a biometric services fee at the time this petition is submitted. If USCIS later notifies you that you must submit your biometrics, you will receive a biometric services appointment notice with instructions on how to submit the additional fee.

 

I am the spouse of a US citizen thus we assume we do not need to include the $85. Could someone explain why the correct fee is $595+$85?

 

[usmsbow 801]

You skipped the section right above that, which states:

 

Biometric Services Fee. 1. Conditional Resident. Each conditional resident and conditional resident dependent included in the principal petitioner’s Form I-751 is required to submit a biometric services fee with this petition, in addition to the required filing fee. (See the What Is the Filing Fee section of these Instructions.)

 

You are a conditional resident, hence the application to remove conditions. 

[人肉的渣 你妈死了 1]

3 minutes ago, usmsbow said:

a

Yes. We have read the part. However, our understanding is the "$85 waiver" part is the supplementary explanation to the biometric service fee. If they do not intend to waive $85 for US citizen spouse, why even bother putting the statement there and confuses people?

[usmsbow 801]

1 hour ago, rxh241 said:

Yes. We have read the part. However, our understanding is the "$85 waiver" part is the supplementary explanation to the biometric service fee. If they do not intend to waive $85 for US citizen spouse, why even bother putting the statement there and confuses people?

That part is saying the spouse (either the US citizen or LPR) does not also have to get his/her biometric fee. As the instructions note on the first page:

 

If you were granted conditional resident status through marriage to a U.S. citizen or lawful permanent resident, use Form I-751, Petition to Remove Conditions on Residence, to file for the removal of those conditions. 

 

In other words, page 2 instructions of the biometrics fee: 

 

1. You- conditional resident that needs to pay biometric fee

2. Your spouse- US citizen or LPR  doesn't need to pay biometric fee (nor needs to remove conditions from a GC)

 

 

Edited June 20, 2018 by usmsbow

[CeeMu 45]

14 hours ago, rxh241 said:

We attached the check of $595 without the $85 biometric fee. Because I-751 instruction on USCIS website instructs (page 2 line 13): U.S. Citizen or Lawful Permanent Resident Spouse. If you are the U.S. citizen or lawful permanent resident spouse, you do not need to include a biometric services fee at the time this petition is submitted. If USCIS later notifies you that you must submit your biometrics, you will receive a biometric services appointment notice with instructions on how to submit the additional fee.

 

I am the spouse of a US citizen thus we assume we do not need to include the $85. Could someone explain why the correct fee is $595+$85?

 

You are not a lawful permanent resident.. You are a conditional permanent resident, trying to remove the conditions..🤗

[wimpog 7]

On 6/19/2018 at 7:30 PM, 人肉的渣 你妈死了 said:

We attached the check of $595 without the $85 biometric fee. Because I-751 instruction on USCIS website instructs (page 2 line 13): U.S. Citizen or Lawful Permanent Resident Spouse. If you are the U.S. citizen or lawful permanent resident spouse, you do not need to include a biometric services fee at the time this petition is submitted. If USCIS later notifies you that you must submit your biometrics, you will receive a biometric services appointment notice with instructions on how to submit the additional fee.

 

I am the spouse of a US citizen thus we assume we do not need to include the $85. Could someone explain why the correct fee is $595+$85?

 

Did you resubmit the returned package with a new check, or did you have to re-print everything from scratch?

[Edddie&Beatrice 64]

This thread has saved me. I thought we should not send $85 but now I know we should. thank you all

[igoyougoduke 1,644]

next time use this https://www.uscis.gov/feecalculator