Should I submit $85 Biometric Services Fee with I-751 form?

[changbaihou 125]

Hi guys, I am preparing the I-751 petition for my ROC. I noticed the instruction of I-751 regarding the Biometric Services Fee (Please see the following Quote):

 

Quote

 

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.)

2.  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 confused by this instruction. There are 2 possibilities based on my understanding:

 

Possibility 1:  Since I am the spouse of a US citizen, my Biometric Services Appointment may be waived, so I do not need to submit $85 Biometric Services Fee when filing I-751 petition.

 

Possibility 2:  I am applying for the ROC, and my spouse filing this petition with me jointly. Even he is an US citizen, it's possible for him to also have a Biometric Services together with me. But he do not need to pay the Biometric Services Fee right now, what he needs to do is just waiting for the further notification from USCIS.

 

Which possibility is correct? Do I need to submit $85  Biometric Services Fee when I filing the I-751?

 

Please help out, thanks in advance!

Edited August 2, 2018 by changbaihou

[NikV 44]

You only need to submit fee for yourself. You are neither a US citizen or LPR when you are filing I751. You are a conditional resident.

[Going through 5,668]

#1 refers to you (you have to submit the biometrics fee, you are the applicant).

 

#2 refers to people who are the SPOUSES of the i-751 applicant (does not apply to you).

Edited August 2, 2018 by Going through

[changbaihou 125]

Just now, NikV said:

You only need to submit fee for yourself. You are neither a US citizen or LPR when you are filing I751. You are a conditional resident.

Thanks for your reply.

One of my understanding is that even myself might not submit the $85 Biometric Services fee. Since I am the spouse of an US citizen, my Biometric Services appointment might be waived. Actually some of my friends were waived of the Biometric Services appointment after they filed I-751 recently.

[Dashinka 23,422]

One fee for the CGC holder.

 

Good Luck!

[NikV 44]

1 minute ago, changbaihou said:

Thanks for your reply.

One of my understanding is that even myself might not submit the $85 Biometric Services fee. Since I am the spouse of an US citizen, my Biometric Services appointment might be waived. Actually some of my friends were waived of the Biometric Services appointment after they filed I-751 recently.

They might not accept your packet if you do not place the bio-metric fee. And yes, you are right about the waiver. Do not know what to tell you. I guess bad USCIS policies.

[Dashinka 23,422]

1 minute ago, changbaihou said:

Thanks for your reply.

One of my understanding is that even myself might not submit the $85 Biometric Services fee. Since I am the spouse of an US citizen, my Biometric Services appointment might be waived. Actually some of my friends were waived of the Biometric Services appointment after they filed I-751 recently.

The I751 applicants removing conditions based on marriage need to include the biometrics fee.  The spouse who is a USC or LPR (not a conditional resident) do not.  No where does it say anything about waiving the fee.

 

Good Luck!

[Roel 7,191]

You have to pay the fee. 

Doesn't matter if they might or might not waive your future biometric appointment. 

 

If you don't pay, your paperwork will be rejected. 

 

Waving the appointment is not the same as waiving the fee. Also you don't waive the appointment either.  It's up to USCIS to decide. 

Edited August 2, 2018 by Roel

[Going through 5,668]

4 minutes ago, changbaihou said:

Thanks for your reply.

One of my understanding is that even myself might not submit the $85 Biometric Services fee. Since I am the spouse of an US citizen, my Biometric Services appointment might be waived. Actually some of my friends were waived of the Biometric Services appointment after they filed I-751 recently.

This does happen on occasion---but that's normally an occurrence after the bio fee is submitted (and then later returned/refunded).  It does not mean that you do not send the fee in the first place.  If you don't, your application will be automatically rejected and returned to you for improper filing fees as the reason.

[Diane and Chris 651]

Neither possibility is correct. Yes, you do need to submit the fee or your application will be rejected. 

[TabeaK 516]

Yes you need to submit the fee. No USCIS will not refund it in case they waive your biometrics.

[Amadia 711]

Do not think you know what USCIS will do regarding a waiver of the Biometrics fee. If you file your paperwork without the Bio fee and only pay the RoC fee, USCIS will send your entire file back to you with a rejection letter for "Incorrect Fee Paid". To avoid all of this, do not try shortcutting the process, pay the RoC and Bio fee.

[usmsbow 796]

If you don't include the $85, your application will be returned to you like it was for this couple:

 

 

 

[David & Diana R 1,005]

Not sure I understand the reluctance to send in the 85 bucks.  Are we being penny wise and pound foolish?  Send the gosh-darned money.  It's only 85 dollars for cripes sale!  Jimminie crickets???