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CyberKnight13

Late Filing of I-751

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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?


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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 by Hypnos

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15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
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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.


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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 by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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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?


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


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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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.

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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.

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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.


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2012-11-01: NOA1 by email - MSC
2012-11-02: $420 (x3) debited from our account
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2012-12-11: NOA2


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2013-01-14: IV Package emailed & DS-260 submitted online (me only)
2013-01-18: IV Supporting Docs received for me - notified by email
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2013-02-06: Packet 4 Received by email

MEDICAL ~ CONSULATE ~ POE REMOVAL OF CONDITIONS - 160 DAYS NATURALIZATION
2013-02-13: Medicals 2014-12-17: Delivered to California Lockbox 2015-12-15: Delivered to Phoenix Lockbox
2013-03-06: Interview 2014-12-19: 1 I-751 + 3 Biometrics Fees debited from our account 2015-12-16: Fees charged to Credit Card
2013-03-08: Visas in-hand 2014-12-22: Received NOA1 by mail. Receipt Date: 2014-12-17 2015-12-17: NOA
2013-03-12: Paid USCIS Immigrant Fee 2014-12-24: Received Biometrics Appointment Letter 2016-01-02: Biometrics Letter 2016-01-11: Biometrics
2013-03-14: POE 2015-01-06: Biometrics 2016-02-15: In Line for Interview 2016-02-19: Letter
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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?


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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.

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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.

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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!

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