OldUser

Hopefully you will not have a ban. 

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...

Your only choice would be to refile.   If the requested evidence wasn’t received by their deadline, an appeal will be futile, as it was not their error.

New update:
 

 
So, even less hope to get approved any time soon.  Also, there are probably going to be cases that will be lost.  Hooray!

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.

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

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.

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.

Bingo!  That's why I suggest withdrawing now. Better to establish a clear paper trail, imho. 

Good point.   OP, did you overstay the ESTA before filing?

A lot of the documents that I submitted for my 751 were new in time, just the same type for AOS. For example, bank statements. Some of those, such as leases, covered the whole marriage, since that's what they are asking in the instructions.  If you think that following instructions to the T is fluffing, so be it. I don't think the officers handling my cases saw it that way, since both my AOS and ROC interview were waived.

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

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.

He's the one filing, can be done online today.
 
Another thing to consider, if he doesn't have any EU citizenship or permanent residence, the max he can stay in EU is 90 days. Living is not an option.

If Boundless advises you to lie on the application I would strongly suggest you avoid them like the plague...

The answer is "Yes".

Umm. Denied. Yes. Do not answer “No” Simple reading of the question and your answer.”  Yes. I have been denied. “ They already know anyway 

Had you previously sent an I-130, or was the I-485 submitted after a K-1 entry? 

ESTA is likely gone.  Therefore, you have no way to get back inside the US for an interview during which, the I-485 would be denied anyway.   

We went through this back in 2020-2021 (beneficiary left the country before receiving Advanced Parole and started over with the I-130). See my profile/timeline for more details.
 
I, as the USC, went ahead and sent a letter to the service center listed on the receipt notice for the I-485 notifying them that we were planning to pursue a spousal visa instead. While that wasn’t strictly necessary, they did mail a prompt response addressed to my wife confirming the abandonment of the petition to adjust status and citing the relevant statute.
 
Edit: after seeing your recent reply, while the I-485 is already on track to be denied due to the departure from the US, it doesn’t hurt to notify USCIS about the abandoned petition. My view is that it helps avoid any wasted time that could be spent reviewing other petitions.

Hi Antonio,
 
a friend of mine from Germany was in a similar situation. They ended up having to file the CR1.  It did take some time, but the upside is having your GC when you arrive, rather than have that waiting game continue. 
 
The advice given so far is sound.  It's an unfortunate situation but happens!

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.

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.

It would be extremely unusual to have separate interviews for an I-130 and an I-485.  Extremely unusual.

The I-130 is the basis for the even submitting an I-485 in this case.  I expect everything will be looked at.