When to file?

[wangjexi 0]

I have a question regarding when to file the I-751. My wife's green card expires on February 20th 2010. November 22nd 2009 is 90 days before that. My inclination is to file ASAP. However, we are planning a trip to Taiwan to visit her family from December 21, 2009 to January 9, 2010. I'm afraid if we file the paper work in late November then the biometrics appointment may be scheduled for when we are out of the country.

Should we wait to file after we return to the US on 1/9/10? Is that cutting it too close? Will we be hassled at customs if she is returning to US on a green card that expires in a few weeks?

Thanks

[Happychap 0]

I have a question regarding when to file the I-751. My wife's green card expires on February 20th 2010. November 22nd 2009 is 90 days before that. My inclination is to file ASAP. However, we are planning a trip to Taiwan to visit her family from December 21, 2009 to January 9, 2010. I'm afraid if we file the paper work in late November then the biometrics appointment may be scheduled for when we are out of the country.

Should we wait to file after we return to the US on 1/9/10? Is that cutting it too close? Will we be hassled at customs if she is returning to US on a green card that expires in a few weeks?

Thanks

Personally i would file just before i left the US, as your bio appointment for sure wont be during the 2 weeks your out of the country. At least when you return you will have the NOA1 waiting and a couple of weeks later you would get your bio appt Not to mention you can relax while on your vacation, without having to worry about filing when you return... and dont worry about being harassed by immigration when you return to the US , i have seen others on this board that have had no probs on entry, one even on the actual day his card expired!!

[mozplay 28]

Personally i would file just before i left the US, as your bio appointment for sure wont be during the 2 weeks your out of the country.

How can you guarantee that the bio appt. won't be scheduled during this period? The OP needs to do what is most comfortable for him and his wife. I agree that his wife shouldn't have any worries in reentering the U.S. in January but whether to file before or after is a matter of personal comfort.

It it were me, I would prepare everything before hand and mail it out when I returned, that way I wouldn't be worried about missing an appt. or a notice in the mail.

[Brother Hesekiel 2,235]

There is no silver bullet. You may be fine filing on Nov 23rd, and get your NOA1 and bio note in time and do an early bio before your vacation. (I'm in a similar situation, may get my bio appointment right the one week I'm on vacation.)

I personally would file shortly before you leave; this way you can look forward to a quick bio when you are back.