Late Filing of I-751

[CyberSamurai013 69]

MY wife's conditional green card expired in July 2014. During that time she was in Russia for an extended vacation with our daughter and now we are trying to file to get her back here on her permanent green card. Since her conditional green card expired do I still file the I-751?

[Hypnos 6,576]

You are required to show good cause for the late filing. Examples might be: a serious accident or illness resulting in an extended hospitalisation to you or a close family member, a bereavement, or other serious family emergency. A vacation does not meet this threshold, and so your wife's residency would likely be considered abandoned.

You will need to re-petition her from scratch, beginning with filing an I-130.

Edited April 16, 2015 by Hypnos

[CyberSamurai013 69]

My dad got diagnosed with pancreatic cancer in October 2013 and passed October 30th 2014. That was 6 months ago but I have been a mess since. Do you think that is reason enough or should I skip to the I-130?

Thank you for your advice.

You are required to show good cause for the late filing. Examples might be: a serious accident or illness resulting in an extended hospitalisation to you or a close family member, a bereavement, or other serious family emergency. A vacation does not meet this threshold, and so your wife's residency would likely be considered abandoned.

You will need to re-petition her from scratch, beginning with filing an I-130.

[Hypnos 6,576]

Since it would save you a significant amount of time if you could just file an I-751 then I'd probably go with that, but it begs the question: how would your wife be able to have her biometrics captured if she couldn't enter the US?

Edited April 16, 2015 by Hypnos

[CyberSamurai013 69]

I agree. I assume she could do the biometrics at the local consulate in Russia.

Since it would save you a significant amount of time if you could just file an I-751 then I'd probably go with that, but it begs the question: how would your wife be able to have her biometrics captured if she couldn't enter the US?

[Hypnos 6,576]

I don't believe I-751 biometrics can be completed from outside the US.

[CyberSamurai013 69]

I'm not sure but It is worth a try.

I don't believe I-751 biometrics can be completed from outside the US.

[Paul&Oxana 4]

Hi! first of all my condolences to your wife. what a sad situation!

here is my idea. i might be wrong. you, as an American Citizen,should call US Embassy and explain the situation and ask whether they can issue travel document she can use just for one trip. at the same time your wife should request an appointment (they have US Citizens services. i know she is not a citizen but she is a green card holder)she will need to provide them with all papers she can only have explaining her situation .

the information about travel document should be on the US Department of State official site.

hope it will help you.

[Shauneg 762]

My dad got diagnosed with pancreatic cancer in October 2013 and passed October 30th 2014. That was 6 months ago but I have been a mess since. Do you think that is reason enough or should I skip to the I-130?

Thank you for your advice.

How does with happened with your father factor into your wife staying so long in Russia? Was your dad in Russia, because you are the American citizen??? Especially when her card expired in July 2014 and he passed Oct 14? Something to think about, because bluf it doesn't look right. My boss died of the same last year, my condolences.

[CyberSamurai013 69]

I am filing the I-175 with an explanation on the cover letter. If that doesn't fly I'll see what my options are then I guess. Thank you guys.

[Ms Hogan 295]

I'm sorry for your loss. But as the previous poster wondered, why does your father's passing have anything to do with her not being here to maintain her status and file to remove conditions?

She would need to be here in order to sign and send the paperwork with you so you could file jointly and then be available for her biometrics appointment.

[CyberSamurai013 69]

I was dealing with too much here and financially couldn't bring her back in time and file for removal of conditions. I just was overwhelmed. I find it hard to believe that biometrics cannot be done at a consulate or embassy abroad.

So everyone thinks I should just start over with the I-130?

[Shauneg 762]

I was dealing with too much here and financially couldn't bring her back in time and file for removal of conditions. I just was overwhelmed. I find it hard to believe that biometrics cannot be done at a consulate or embassy abroad.

So everyone thinks I should just start over with the I-130?

Ok, you'd have to word that well for them, but the I-130 seems the course. I am just one person though.

[Ralphtave 3]

The card expired 8 months ago? Starting from there under the laws she "abandoned" her status or green card and if you file now to remove the conditions on her green card its most likely to be declined because she's out of status, so in order to bring her back to the U.S you will have to file an I-130, yes, starting from the beginning...have in mind that this time is harder, I suggest you go to a immigration attorney as soon as possible but don't file for an i751 it's kind of too late. By the way I'm so sorry for your lost. Good luck.

[raven52 233]

OP, this is a bleak situation for you.

What will never be explained, is, you stayed in Russia 6 months after your father passed!

USCIS is a very non-forgiving entity and all I can see for you is an I-130 and a 1 to 2 year process, and the fees involved.

I can understand "YOU BEING A MESS" to a certain extent, .,.,BUT should your child and husband start to take some president, in your life after "the passing" and some grieving time, but more than 6 months, is going to cost you an I-130.,.,..,.,I am afraid.

As I said, , USCIS is very non-forgiving!

All I can do is offer you good luck and a way around an I-130.,.,.,,but your judgement also comes into this picture!