I-751 Change Biometric Location

[snkblls 0]

Hi All,

My wife and I are not living in the same country because of our jobs. She was just relocated by her employer to China. I'm currently working in California. We are planning to apply for I-751 in July 2010.

1) Is application required to do a Biometric?

2) She will be working outside the US for the next year. Does she need to come back for the Biometric, or can she do it in a foreign US Embassy?

Thanks!

[bszoom42 0]

I have never heard of an I-751 biometrics done in an embassy or consulate, but perhaps someone else knows better.

Certain groups of people provide the biometrics information upon filing the I-751.

From the I-751 Form Instructions...

"Those who reside overseas pursuant to military or Government orders, including conditional resident dependents residing overseas..."

http://www.uscis.gov/files/form/i-751instr.pdf

Also, I think it will be harder to make your I-751 case, as you would not have been residing together for one year, and she is planning to be outside of the US for one year.

[v333k 59]

When people apply for outside the US, they need to send in a fingerprint card and 2 passport pictures.

Here comes the important part !

However, the stay outside the US must be something USCIS accepts. For example, if a person relocates outside the US because their spouse gets deployed - then they will accommodate that. In your case, USCIS will get suspicious since you are still living here while she is outside the US - for them, they don't know you personally and all they will look at is the evidence infront of them, and they could easily think that GC was acquired for immigration and not for a real marriage.

You need to look into this issue and see who is allowed to leave the US for work and who cannot qualify.

[sasaqlain 24]

I think you have a problem. Not only with the biometrics, but also the fact that she has been residing outside the US and as per your post, maybe out of the US for another year or so. As mentioned above, unless you are deployed, or working for one of the Government agencies, I don't think USCIS will look at it favorably.Better consult an attorney before filing. Good Luck.

[Old Dominion 26]

green card regulations stipulate that the holder cannot be out of the US for 12 months or more..

[snkblls 0]

I guess if she needs to come in for a Biometric, we will just have to do it.

Because of her job, my wife is working abroad. We have records to show that we talk on the phone several times a day and that we fly back and forth to see each other. I hope this type of documentation helps. I also have a letter explaining why we are living together. I am actually looking for a job to move abroad and be with her. I'm providing this documentation, too.

[sasaqlain 24]

Your spouse's residence abroad could be taken as abandonment of PR Status. You are not to be outside the US for more than 12 months while on an LPR status unless deployed. Good Luck!

[snkblls 0]

She has been coming back to USA every 6 months. She has been abroad for about 10 months now. So I hope that will be fine.