HELP - CAN'T FILE THE I-751

[uniquelyd 3]

My wife was granted her green card on the basis of our marriage and now the time has come to file the i-751 to have the conditions removed; however, there are few problems. My wife is currently experiencing a multitude of family issues and currently out of the country trying to deal with them but the likely hood of them being resolved or her even having a chance to come back to file the form before the filing deadline is starting to become more and more of an issue as well. Please correct me if I am wrong, but I have been under the impression that my wife must be here in order to file the form or can we take care of it outside of the US? In addition to this, can someone please give me as much information as possible about the consequences of not filing the form. I was also under the impression that this would cause her green card to be canceled. If this is the case and ends up happening, is there anything that we can do to prevent it or what is the likely hood and process of getting a new card? Will we have to start over, is there a waiting period before we can reapply, and are there any suggestions you guys may have? My wife has only been away for a few weeks and we did not file any forms indicating that she will be away for more than a year because these issues were just discovered upon her return. I know she can only be away for a year before the card is considered abandoned but I would like to cross that bridge when I get to it. Any help you guys could offer is greatly appreciated.

Thank you

[canadian_wife 1,785]

If You Are Late In Applying To Remove The Conditions On Residence

If you fail to properly file Form I-751 within the 90-day period before your second anniversary as a conditional resident:

Your conditional resident status will automatically be terminated and we will begin removal proceedings against you

You will receive a notice from us telling you that you have failed to remove the conditions

You will receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements (we are not responsible for proving that you did not comply with the requirements)

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=745218a1f8b73210VgnVCM100000082ca60aRCRD&vgnextchannel=4ca43a4107083210VgnVCM100000082ca60aRCRD

Obviously avoid this at all costs, a deportation order against your wife will complicate her case substantially

I just filed to remove conditions, I don't even know if they know I was in the country or not, someone can help you with that

Good luck

[ATPEACE 43]

The wife will need to be in the US to attend her biometric appt, and any interviews if scheduled.

[aravis227 1]

I don't know about being in the country when you actually send it in, but they will schedule a biometrics appointment for your wife at your local processing center and she MUST attend that appointment. They may also schedule an interview before they approve the petition and she would be required to be in the country for that as well. I would recommend just waiting until the last possible moment to file for ROC, then have her come home. Where would you be filing? We filed at CSC and it was approved in about two months (I know VSC is taking much longer to process). She could always come home for the duration of the pending petition, then go back after she receives her new green card. That may be your only option short of allowing her status to be revoked, then starting the immigrations process from scratch. Good luck!

[LissetteNMichael 0]

I have heard of people able to do an interview via the embassy in the country she's in if there is extreme circumstances. I'd call the USCIS hotline, but still mail in the I-751 in time.

[uniquelyd 3]

Thanks for all the answers guys. We should be filing with the USCIS Vermont Service Center; but as time goes on and I talk with my wife, it's becoming more apparent that issues are going to force her to stay. Has anyone ever dealt with USCIS in this nature, can anyone give any information on how soon we can re-apply for another green card and if its difficult the second time around, and also what we will be facing if she misses the hearing?

[Darnell 8,478]

how long has she been out of USA for this trip ?