90 day window to lift conditional - can i do it much later? i need to travel + worry about biometrics

[missD 0]

Hi All! I have a few questions. Please help if you can!

Q1:

My conditional status expires Jan 11, 2011 and hubby and I just found out that we may need to travel outside the US for a good amount of time, goal is to leave Oct 20. Technically, per the 90 day general rule, we should send our application October 12, 2010. However, since we'll be abroad for 2 months, would it be OK if I send my application in late December - sometime before Christmas when we are back in the US again?

*The only reason we cannot file on Oct 12 is fear of the biometric appt. We can't just fly back and forth from Asia just to do it.

Q2:

My other question is, would it be possible for us to request a MUCH later biometric date once one has been given? As in we'll file before we leave the US, on October 12, and if the biometrics appointment comes in the mail for a November 12 appointment (for example), can we request late December biometrics date and request this via phone or written document (as we'll be abroad)? This is of course taking a RISK in the event more evidence is required but we'll take that risk. We have family in the States that can help us file paperwork if necessary.

Q3:

If we do choose to file approx 3 weeks before the GC expiration date, quite possibly, I won't get my biometrics before my conditional GC expiration date of Jan 11 2010, is this "limbo" period OK to be in? IS it that once you've received a notification that the application has been received, you're pretty much "OK" and just have to wait until a biometrics date is set? All the while the conditional gc has expired?

Q4:

Is there any extension or request I can possibly apply for at my local US Embassy based on my situation?

thank you so much in advance

[Darnell 8,478]

in the 'receipt notice' that you'll receive - first piece of postal mail after filing -

is wording about 'extending your conditional status' for 1 year past the filing date of the ROC case.

Perhaps this 'thing' will clear some fog?

Edited September 26, 2010 by Darnell

[missD 0]

Thanks Darnell! I did have to reread!

• So this first piece of paper that I'll get, if all evidence looks to be OK, I'll get this notice saying that my conditional status is extended for another year while they look over my paperwork?
  
• Or is it that regardless of if evidence is sufficient or not, if Immigration receives my application, they'll send a letter saying that my conditional status has been extended as they review my paperwork?
  

After getting this notice and extension information, my next bit would be to wait for biometrics, does anyone know if I can postpone that till much later?

Edited September 26, 2010 by missD

[missD 0]

Is there a page where I can read a sample or scan of this first postal mailing (all personal info blacked out)?

[Darnell 8,478]

I think you are fretting over way too much.

If you are returning from holiday in December (and not leaving the country again) then file in December. The '90 days' is a window of time - is not absolutely must file on 'expiration-90Days' - it's WITHIN 90 days of the expiration date. You've a span of days - 90 of them, pick one.

I think yer reading way too much into this, really.

if yer not going out of country from december-forward - you'll be OK after the expiration date, even when waiting on the receipt notice

IF

you file within 90 days of the expiration date.

Edited September 26, 2010 by Darnell

[Brother Hesekiel 2,235]

Mail your I-751 when you are back in late December and don't sweat the little stuff. It's all going to be automatic and you won't have to change any appointments.

[missD 0]

thank you so much!

[missD 0]

I'm curious, on average from the day that an NOA letter is received to the day the biometrics appointment arrives in the mail. How long does it take? I'm thinking / hoping I can just try to do a walk-in in at the Detroit location when I do receive it.

Our travel + work schedules are so hectic now, after hubby came back from work today, we may not be able to come back in December.

[GC2010 7]

I'm curious, on average from the day that an NOA letter is received to the day the biometrics appointment arrives in the mail. How long does it take? I'm thinking / hoping I can just try to do a walk-in in at the Detroit location when I do receive it.

Our travel + work schedules are so hectic now, after hubby came back from work today, we may not be able to come back in December.

the 90 day is not no window of time when u can filed whenever, you got to filed 90 days b4 green card expired .. when i was at my interview the IO tell me and she repeat it to me 3 times if i filed too late or too early i can get denial an she said the only way i can filed late its only if i'm not fielding jointly. but once i'm filding jointly i got to filed 90days period,,

[v333k 59]

Just as everyone said - mail it in, but make extra sure all your necessary documents are included, at least the initial list that USCIS needs to accept the package. As for requesting later biometrics, there is not control by us over the date, but you can always request to reschedule and they will send you another one.

One last thing - do not leave and try to get things done through the US embassy - they will simply consider you abandoning your gc, especially that you are outside the country.

Just do like everyone else said, you should be fine.

[Darnell 8,478]

I'm curious, on average from the day that an NOA letter is received to the day the biometrics appointment arrives in the mail. How long does it take? I'm thinking / hoping I can just try to do a walk-in in at the Detroit location when I do receive it.

Our travel + work schedules are so hectic now, after hubby came back from work today, we may not be able to come back in December.

Try really hard to be back in country on or before 11 Jan 2011 - as yer greencard expires then, it would be painful to try to return to USA after that date.

[missD 0]

Thank you for all your replies, I truly appreciate the help.

Would it be better if (this is just pure planning - worse case scenario):

First and foremost move my travel plans to around November.

1. I mailed my stuff in for Oct 12 arrival at USCIS.

2. Wait for an NOA (approx a few days after application's arrival at USCIS)

3. Wait for a biometrics letter (arrives approx a week after NOA letter arrival - usually it'll ask me to do it 30 days after my application mail-in date so say Nov 12 appointment)

4. Try to do a walk-in / call to request a walk-in in Detroit in late October the early morning. Should I show them travel plans?

5. If walk-in not possible, try to reschedule for sometime in February (is this late of a date even possible?)

6. Leave the US with NOA + Green Card around mid-November

7. In February 2011, enter the US with NOA + Green Card

8. Do Biometrics then

Too many things are happening in my life that I just wish my gc didn't expire at the beginning of the year! Ugh!

Again, I really value the responses here. Thanks for taking the time to read.

Edited September 28, 2010 by missD

[Darnell 8,478]

whatever you decide, try to mitigate the risk of being denied entry at the POE. That's really the only input, good or bad or indifferent, that I'd have for ya.

Sure - stuff in life happens. Supposedly, one is supposed to 'plan yer life' around USCIS due dates. Anyone hoping for the 'other way round', or vice versa, IMO, is shooting at windmills.

Can you tell us what yer USC Spouse thinks about all of this?

Edited September 28, 2010 by Darnell

[missD 0]

He's pretty much whatever and got lawyers for a consultation next week. We'll see how it goes.

[DL Austin 0]

Just a quick note about postponement requests. I tried requesting postponement to a specific date (two months later than the biometrics data), but USCIS just kept postponing by a couple of weeks at a time. I had 6 postponements in all. I finally had my biometrics about two months later than the original date. There were no problems when I finally went in for FP. Your mileage may vary.