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chris4336

Advice - Out of the Country

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Filed: K-1 Visa Country: Spain
Timeline

Hello Everyone,

My husband is going to applying for Removal of Conditions, and we hoped to do so on the first possible day, July 20, 2009. However we will be out of the country from August 31 until September 23. I am worried the biometrics appt will come while we are out of the country since it usually seems about 1 month after the filing date. Would you recommend just waiting until September 23 to file (that is still within the 90 day window) or just take our chances and file in July and hope to get the Biometrics notice early enough to reschedule.

Thanks

Christina

PS. I know my timeline says GC approved 11/09/07 but on my husbands GC it says resident since 10/17/09 and 90 days before that would be July 20, 2009

Edited by chris4336

03/09/07 - POE at JFK - Temp EAD given

03/13/07 - Married

AOS

04/20/07 - Package arrived in Chicago

04/26/07 - NOA1 for AOS and AP

05/08/07 - AP touched

05/22/07 - Biometrics

05/23/07 - RFE email notification for 485

05/29/07 - RFE received by mail - Request for medical exam

06/01/07 - Contacted congressman regarding RFE

06/08/07 - Case resumed processing

10/01/07 - Email Notice of Transfer to CSC

10/04/07 - Pending at CSC

11/09/07 - Green Card Approved

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If it's not pressing, I would file asap and postpone the trip.

Removal of conditions is a critical step in this process.


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Hello Everyone,

My husband is going to applying for Removal of Conditions, and we hoped to do so on the first possible day, July 20, 2009. However we will be out of the country from August 31 until September 23. I am worried the biometrics appt will come while we are out of the country since it usually seems about 1 month after the filing date. Would you recommend just waiting until September 23 to file (that is still within the 90 day window) or just take our chances and file in July and hope to get the Biometrics notice early enough to reschedule.

Thanks

Christina

PS. I know my timeline says GC approved 11/09/07 but on my husbands GC it says resident since 10/17/09 and 90 days before that would be July 20, 2009

Hi Christina,

Bobby_Umit is right I-751 is very crucial step in Immigration process because it's either make it or broke it kinda situation. Because if you fail to apply for "Removal of Condition" your husband can be deported as per Immigration law.

I think you had a typo there, your husband's GC might have since 10/17/07 so his GC might expire 10/16/07, so 90 days before GC expiration becomes around July 18th 2009 is when you can file I-751.

Using this service. http://www.timeanddate.com/date/dateadded....p;ad=90&aw=

90 days is not 3 months, please remember this.

Also one should apply I-751 around 88th day or after not exactly on 90th day, meaning don't send documents on July 18th as they will send it back with reason of applying too soon etc.

Also if you gonna apply late give yourself some time for NOA and biometric to come and also to make sure if they do send you back the application, you have plenty of time to resend it.

So if you gonna apply late apply at least 50-60 days before GC expries so that your husband gets NOA and biometric appointment or at least NOA before GC expires. Now a days I have seen on VJ they take more than a month to send out NOA and biometric appointments. You husband should have the NOA before GC expires in case his employer wants it.

So you have 3 options.

1- Cancel the trip, apply around end of July and wait for NOA and biometric and once they are done then go to trip.

2- Go to trip, but have your documents ready and apply ASAP when you get back.

3- Go to trip early, but and also have the documents ready.

I would say option 3, collect all the documents now, even the payment check or money order ( Which I recommend) for $545= $465 I751+$80 biometric fee. Make sure every thing is ok by double check the documents.

Read this thread for complete list of documents proof for I-751. Try to send as much proof as possible.

http://www.visajourney.com/forums/index.php?showtopic=182620

So I would say have your documents and everything ready. Go to the trip early and come back at least 50 days before the GC expires and file the day you come back. In this way you wont have to worry about not going to the trip and also not have to worry about not filing I-751 or filing it too late.

So If you could go around end of July and come back in mid of August and give yourself 50-60 days before GC expires you will be fine. In that way you will enjoy your trip not worrying about filing I-751, not worrying about biometric appointment while you are at the trip or worrying about filing late. So you will enjoy your trip and plus will be at ease to file for I-751 because you did the homework already.

Also if you go to the trip before expiration of GC coming back will be easy and less hassle, as compared to coming back to US on NOA (Notice of Action which is a receipt USCIS sends for extension of work and stay i.e resident status for 1 year while the case is processed), as a lot of folks had tough time at the Port of Entries POE.

I hope it helps.

Good Luck.

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