I-751Filing fee question

[alegra 1]

Can someone help me with this? 

I am filling based on marriage, and I am a wife of US citizen. 

 I 751 form instructions read:

"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."

 

So I read that there is no $85 fee needed; hence, I need to include a payment of  $595 total

 

However, when I go to the official website and use the form I 751 calculator, it automatically includes the fee, making the total payment $680

$680 is also the amount i have seen included by other users, which confuses me based on what I read in the instructions

[OldUser 6,590]

Why do you skip the line above the one you mentioned in instructions?

 

"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 always need to pay biometrics fee as a conditional resident.

 

The other fee is for spouse of conditional resident, who may be a US citizen or LPR! They're usually not required to submit biometrics. But if USCIS asks them, they'll have to pay biometrics fee later in the process.

Edited November 6, 2023 by OldUser

[alegra 1]

33 minutes ago, OldUser said:

Why do you skip the line above the one you mentioned in instructions?

 

"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 always need to pay biometrics fee as a conditional resident.

 

The other fee is for spouse of conditional resident, who may be a US citizen or LPR! They're usually not required to submit biometrics. But if USCIS asks them, they'll have to pay biometrics fee later in the process.

I do not skip; its just confusing because yes, the first line says each, and the second line says spouse of a US citizen, which I am. To me, both lines go against each other. It does not specify what they mean by US citizen spouse in the second line. Its still confusing to me.

Edited November 6, 2023 by alegra

[OldUser 6,590]

23 minutes ago, alegra said:

I do not skip; its just confusing because yes, the first line says each, and the second line says spouse of a US citizen, which I am. To me, both lines go against each other. It does not specify what they mean by US citizen spouse in the second line. Its still confusing to me.

The US citizen spouse / LPR is the one signing jointly filed petition. Part 4 of petition is for their details. Part 8 asks for their signature.

 

You're referred to as conditional resident throughout the form and in instructions.

 

There's two people involved in the form: conditional resident and US citizen / LPR spouse. Conditional resident pays the biometric fee, and spouse doesn't.

Edited November 6, 2023 by OldUser

[alegra 1]

14 minutes ago, OldUser said:

The US citizen spouse / LPR is the one signing jointly filed petition. Part 4 of petition is for their details. Part 8 asks for their signature.

 

You're referred to as conditional resident throughout the form and in instructions.

I am looking and cannot see where this is explained.  The line literally reads:

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. 

And I am the US citizen spouse signing the form.

 

Anyway, I am assuming I am supposed to submit $685 as a total payment, given its just me and no other fillers.  Is this correct?

Edited November 6, 2023 by alegra

[OldUser 6,590]

22 minutes ago, alegra said:

I am looking and cannot see where this is explained.  The line literally reads:

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. 

And I am the US citizen spouse signing the form.

 

Anyway, I am assuming I am supposed to submit $685 as a total payment, given its just me and no other fillers.  Is this correct?

$680 is the total payment if you don't have dependants removing conditions with you.

[Cw1977 100]

13 hours ago, alegra said:

Can someone help me with this? 

I am filling based on marriage, and I am a wife of US citizen. 

 I 751 form instructions read:

"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."

 

So I read that there is no $85 fee needed; hence, I need to include a payment of  $595 total

 

However, when I go to the official website and use the form I 751 calculator, it automatically includes the fee, making the total payment $680

$680 is also the amount i have seen included by other users, which confuses me based on what I read in the instructions

 

Hi - i can see how the confusion may occur so let me try and help make it a lot clearer for you:

 

The 'U.S. citizen or lawful permanent resident spouse'  is one person - i.e your husband. People can be married to either a USC or LPR, and therefore the line has to be written to cover both.

 

When you are the immigrant then you are married to either a US citizen or a LPR - whichever status your husband has. Irrelevant of which they are, they are then known as the spouse.

 

You are married to the spouse - (using their terminology/description). 

 

Therefore this is saying if you are the spouse (i.e. in your case, your husband, whichever of USC or LPR they are) they do NOT need to pay the biometrics now.

 

However as you are not the spouse, you DO need to pay that biometrics fee.

 

 

 

Does this help?

 

 

[Marieke H 2,495]

In this process, you are the conditional resident. "US citizen or lawful permanent resident spouse" does NOT mean "spouse of US citizen or LPR". It means "the spouse who is the US citizen or LPR". I hope that makes sense.

[JKLSemicolon 411]

To put it simply, the calculator is correct (assuming you answer all of the questions accurately).

[flicks1998 1,044]

16 hours ago, alegra said:

I am looking and cannot see where this is explained.  The line literally reads:

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. 

And I am the US citizen spouse signing the form.

 

Anyway, I am assuming I am supposed to submit $685 as a total payment, given its just me and no other fillers.  Is this correct?

I work quite a bit with US immigration (unfortunately) and with it, comes frequent requirement changes.  When filing my wife's I-751, we DID NOT include the biometric fee.  Today we received her 4 year extension letter as well as a separate letter stating that the Biometric fee is not required as her previous fingerprints can be used.  The letter continues and states that if you did pay the biometric fee, it is non-refundable.   In the exact words of the I-797C:

 

"This notice informs you that USCIS is able to reuse your previously captured fingerprints and other biometrics.  USCIS will run the same security checks and use your biometric data as in the past; however (IN BOLD) it is not necessary for you to appear at a USCIS Application Support Center (ASC) for a biometrics appointment.  The biometrics fee will not be refunded."

[OldUser 6,590]

1 hour ago, flicks1998 said:

I work quite a bit with US immigration (unfortunately) and with it, comes frequent requirement changes.  When filing my wife's I-751, we DID NOT include the biometric fee.  Today we received her 4 year extension letter as well as a separate letter stating that the Biometric fee is not required as her previous fingerprints can be used.  The letter continues and states that if you did pay the biometric fee, it is non-refundable.   In the exact words of the I-797C:

 

"This notice informs you that USCIS is able to reuse your previously captured fingerprints and other biometrics.  USCIS will run the same security checks and use your biometric data as in the past; however (IN BOLD) it is not necessary for you to appear at a USCIS Application Support Center (ASC) for a biometrics appointment.  The biometrics fee will not be refunded."

Can you attach a screenshot showing wording around biometric fee is not required in the letter?

 

As far as I know, conditional resident pays the fee regardless of whether they have biometrics appointment or fingerprints get reused.

 

Reusing the fingerprints doesn't mean the biometrics fee wasn't required.

 

The instructions clearly say:

 

"You must also pay a $85 biometric services fee for each person applying to remove conditions on their residence on the same form."

 

https://www.uscis.gov/i-751

Edited November 6, 2023 by OldUser

[JKLSemicolon 411]

53 minutes ago, OldUser said:

Can you attach a screenshot showing wording around biometric fee is not required in the letter?

 

As far as I know, conditional resident pays the fee regardless of whether they have biometrics appointment or fingerprints get reused.

 

Reusing the fingerprints doesn't mean the biometrics fee wasn't required.

 

The instructions clearly say:

 

"You must also pay a $85 biometric services fee for each person applying to remove conditions on their residence on the same form."

 

https://www.uscis.gov/i-751

Despite @flicks1998’s data point to the contrary, in cases where biometrics are reused (which can’t be known ahead of time), a packet that doesn’t include the biometrics fee as specified in the instructions could just as easily be returned without being accepted or processed. This happens frequently when USCIS determines that the correct filing fee wasn’t included.

[OldUser 6,590]

3 minutes ago, JKLSemicolon said:

Despite @flicks1998’s data point to the contrary, in cases where biometrics are reused (which can’t be known ahead of time), a packet that doesn’t include the biometrics fee as specified in the instructions could just as easily be returned without being accepted or processed. This happens frequently when USCIS determines that the correct filing fee wasn’t included.

Unless already approved, @flicks1998's case may still be rejected in a later stage. Unless they're lucky and nobody ever pays attention.

I don't think $85 is worth the risk.. Imagine I-751 derailing after 1.5 - 2 years of wait...

Edited November 6, 2023 by OldUser

[flicks1998 1,044]

14 minutes ago, OldUser said:

Unless already approved, @flicks1998's case may still be rejected in a later stage. Unless they're lucky and nobody ever pays attention.

I don't think $85 is worth the risk.. Imagine I-751 derailing after 1.5 - 2 years of wait...

We've been sending many applications without the fee and having no issues.  Our case wont be rejected, that I know and I will be writing a full post on why once she completes the N-400 process.  Ive documented in previous postings where I have not sent in previous tax forms, left supporting documentation out, and at each phase along the way we are approved with nobody asking questions, either at the I-485 interview as well as the K1 interview at the Embassy.  There have been zero questions in 3 years.  Once her N-400 is approved I will provide a whole case summary.  I have received more questions during my renouncing of US citizenship then she has received during her US immigration process. 

[OldUser 6,590]

16 minutes ago, flicks1998 said:

We've been sending many applications without the fee and having no issues.  Our case wont be rejected, that I know and I will be writing a full post on why once she completes the N-400 process.  Ive documented in previous postings where I have not sent in previous tax forms, left supporting documentation out, and at each phase along the way we are approved with nobody asking questions, either at the I-485 interview as well as the K1 interview at the Embassy.  There have been zero questions in 3 years.  Once her N-400 is approved I will provide a whole case summary.  I have received more questions during my renouncing of US citizenship then she has received during her US immigration process. 

Awesome, good luck and keep us updated on cases. I'll always advocate for following instructions as they're written.