I-751 Application - K-1 Biometrics Fee

[Adam D 32]

Hello,

 

I have seen a few conversations around this topic but just wondered if someone can clarify something for me. On the I-751 Form it states that "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". As I am the spouse of a US Citizen, am I the "lawful permanent resident spouse"? Therefore, do I need to submit a Biometrics Fee too?

 

Thanks!

 

Adam 

[Balaji_v 121]

2 minutes ago, Adam D said:

Hello,

 

I have seen a few conversations around this topic but just wondered if someone can clarify something for me. On the I-751 Form it states that "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". As I am the spouse of a US Citizen, am I the "lawful permanent resident spouse"? Therefore, do I need to submit a Biometrics Fee too?

 

Thanks!

 

Adam 

I believe they are referring to the U.S. Citizen or Permanent resident as in Petitioner not the beneficiary of the I-751. For example a Lawful Permanent Resident petitioned for permanent residency for his/her spouse. USCIS does not charge for the biometrics fee for the petitioner but will charge for the beneficiary of the application...

[Adam D 32]

Ah ok. Thank you very much for your quick response 🙂

[Balaji_v 121]

1 minute ago, Adam D said:

Ah ok. Thank you very much for your quick response 🙂

oh not a problem at all. Happy to help

[NikLR 13,232]

To clarify the USCIS means the spouse that is not removing conditions.  The LPR (previously the foreign beneficiary) is now the petitioner on the I-751. 

[Crazy Cat 42,288]

39 minutes ago, Balaji_v said:

I believe they are referring to the U.S. Citizen or Permanent resident as in Petitioner not the beneficiary of the I-751. For example a Lawful Permanent Resident petitioned for permanent residency for his/her spouse. USCIS does not charge for the biometrics fee for the petitioner but will charge for the beneficiary of the application...

For an I-751, the new immigrant is both petitioner and beneficiary.  In fact, the I-797 (extension letter) will list the new immigrant name in both boxes...

[Balaji_v 121]

27 minutes ago, Lucky Cat said:

For an I-751, the new immigrant is both petitioner and beneficiary.  In fact, the I-797 (extension letter) will list the new immigrant name in both boxes...

You are correct !! 

 

But in this instance, USCIS is referring to the spouse who is not applying for an immigration benefit. For example, my spouse who is a U.S. Citizen need not pay for her Biometrics, because she does not need her biometrics to be taken.

 

If you look at the part 4 on page 3 of the form I-751, it clearly mentions U.S. Citizen or permanent resident spouse with the same verbage. That is what i am referring to.

 

I apologize for the confusion caused by the use of terms petitioner and beneficiary.

Edited March 9, 2020 by Balaji_v

[Adam D 32]

Thanks again for all the clarifications. I love how helpful people are on this site and truly appreciate it. For the record I submitted the I-751 documentation and included my biometric fee (but not one for my American spouse).

[Adam D 32]

Thanks again for all your help. I have received my NOA (no RFE, yay!) and have my 18-month extension. At the end of December I will be eligible to apply for my N-400 Citizenship and i intend to do that. I am sure I will have more questions then! I note the Visajourney site quotes my likely interview date for the I-751 at June 2021. In this current climate I am assuming timelines will only stretch and not shrink. I guess time will tell!