how late is too late?

[Rainbow007 0]

hello Friends,

I'll have to apply i-751 for my wife who'll be travelling to join me in Swiss for over a couple of months. From previous posts I've found out that I have to sign the application along with my wife, during my wife is out of country she's going to receive biometrics appointment and maybe interview etc...So the question is her current GC expires on August 26th and we're planning to return to the US around August 21. I'll make sure I have everything ready to be mailed out on Monday (23rd) with expedited mail and delivery confirmation etc...I'm sure the packet will arrive at USCIS by August 25th. This way my wife is going to be there and for biometrics and interview etc... What you guys think?

I'll try to get her passport stamped which will give her 1 year extension (i think) however, not sure if there'll be enough time to get appointment since she's traveling very soon?

[bszoom42 0]

If you send it USPS express mail, it should get there the next day. I did that, and USPS delivered mine on a Saturday.

From what I have read, as long as USCIS receives the petition in the 90 day period prior to the green card expiry, then they will accept it. I have also read that people have submitted it after the expiry with an explanation of why in their cover letter, and they got accepted as well.

[v333k 59]

If you send it on the 23rd, then you can overnight it and they will receive it on the 24th - and if they miss it on that day it will be the 25th.

I strongly advice not to rely on them accepting it after expiration date.

Would you be able to assemble the package out of the country?

You should be fine but you are cutting it too close... go over everything and make sure you don't forget any of the required documents... you can always send in more evidence if they send you an RFE.

good luck

[Rainbow007 0]

Excellent! here you go..another great idea..I'm pretty sure the packet can be assembled from overseas..but not sure if it would be good idea to mail it to USCIS from here or should I mail it to someone close in US to mail it out?

[Yurika & Jim 77]

I'll try to get her passport stamped which will give her 1 year extension (i think) however, not sure if there'll be enough time to get appointment since she's traveling very soon?

You can't get her passport stamped before you file I-751, I think...

[w8inglongtime 29]

You can't get her passport stamped before you file I-751, I think...

You are right Yurika & Jim. There is no way a passport will be stamped unless they have filed I-751 or they never received the conditional green card in the first place. The stamp will extend the card for a year after filing so if they haven't filed I-751, there will be no records in the system for an IO with a stamp to look at.

Edited May 26, 2010 by w8inglongtime

[VanessaTony 3,567]

I know that someone sent their packet close to their deadline like you're planning and that they didn't do something right with their packet (perhaps a cheque or something like that) and it was returned to them. Because the mail was returned they were deemed to have missed the deadline and were denied. They did appeal and I think had to pay more money to reopen the case but still.. a pain. I also know that I sent my AOS package on 14 April, it arrived 16 April and yet my receipt was dated 20 April.. soo.. I would definitely NOT be leaving it that close.

If possible your wife should return to the US earlier to mail the package (she needs to send her GC in doesn't she?? How will she enter the US if she's already mailed it??) or if she hasn't left yet, and you're in the 90 day window now, I would send off the package now (she can postpone the biometrics, or do them before she leaves or something...).

Most importantly, she misses the deadline and she'll be in strife.

Edited May 27, 2010 by Vanessa&Tony

[Yurika & Jim 77]

she needs to send her GC in doesn't she?? How will she enter the US if she's already mailed it

Vanessa,

She doesn't need to send her actual GC in. She just needs to send copy of front and back of GC for I-751 package

[Rainbow007 0]

oh man...this is complicated

[v333k 59]

Vanessa,

She doesn't need to send her actual GC in. She just needs to send copy of front and back of GC for I-751 package

Correct - very very important - do not send in the GC itself....