I-751 Who is the petitioner? Separate checks?

[FeelingYoung66 14]

My K-1 spouse and I are finalizing our I-751 submission and will hopefully mail it tomorrow. We had used the services of a professional immigration lawyer for the original K-1 process with mixed results. It was surprising how many things were overlooked by them. In any case, we're doing the I-751 ourselves and saving the $2,500 fee the lawyer wanted for it. Before sending things in tomorrow I just wanted to ask my fellow Visa Journey members a couple of questions that should be (hopefully) easy to answer.

 

1) Just to be sure.. the "Petitioner" on the I-751 form is the K-1 immigrant fiancée.. correct? Not me, the U.S. citizen. This is (I believe) a reversal of how things were on the K-1.

 

2) The I-751 filing fee is $595.00 and the Biometric fee is $85.00. My question is.. are they both to be sent in at this time with the I-751 submission?.. or just the $595 filing fee only. And if the answer is that both are sent now, should it be separate checks or just one check for $680.00.

 

Thanks in advance for all replies.

 

JM

Edited April 23, 2023 by FeelingYoung66

[Crazy Cat 41,814]

1.  Correct.  The Green card holder is both petitioner and beneficiary for an I-751. 

2.  Submit $680 with the I-751.  I sent a single check. 

Edited April 23, 2023 by Crazy Cat

[powerpuff 6,689]

~~ Topic moved from AOS K1 forum to Removing Conditions on Residency ~~

[Scandi 4,166]

38 minutes ago, FeelingYoung66 said:

My K-1 spouse and I are finalizing our I-751 submission and will hopefully mail it tomorrow. We had used the services of a professional immigration lawyer for the original K-1 process with mixed results. It was surprising how many things were overlooked by them. In any case, we're doing the I-751 ourselves and saving the $2,500 fee the lawyer wanted for it. Before sending things in tomorrow I just wanted to ask my fellow Visa Journey members a couple of questions that should be (hopefully) easy to answer.

 

1) Just to be sure.. the "Petitioner" on the I-751 form is the K-1 immigrant fiancée.. correct? Not me, the U.S. citizen. This is (I believe) a reversal of how things were on the K-1.

 

2) The I-751 filing fee is $595.00 and the Biometric fee is $85.00. My question is.. are they both to be sent in at this time with the I-751 submission?.. or just the $595 filing fee only. And if the answer is that both are sent now, should it be separate checks or just one check for $680.00.

 

Thanks in advance for all replies.

 

JM

1. Correct. Because with the K-1, you (the US citizen), were the one who had to file the i-129f petition, making you the petitioner. The i-751 on the other hand is not your petition, it's the immigrant's petition, hence the immigrant is the petitioner. The immigrant is also the one receiving the benefit of that petition, meaning she is also the beneficiary at the same time.
For the i-751, the only thing the US citizen is, is "the spouse".

2. Both fees are sent at the same time. One check with the total amount is fine (that's how I always prefer to do it myself), if you prefer two you can do that too.