Can i file I-751 a month before 2 yr GC expiry?

[sassygirl 0]

Hi guys, please i need your input. My 2 yr GC will expire on October 27, 2011. And i supposed to file on July 29. But my father is n critical condition in the hospital. So i need to go to the Philippines ASAP.

My question is if it's okay to apply my removal of condition when i get back, say before the expiry. Please correct me if i'm wrong. My understanding is that the earliest you can apply ROC is 90 days before expiry. So in that said, i can apply within the 90 days period right?

I am debating if i can just leave the documents to my husband and have him mail it on the 27th. But the problem is the biometrics. So to be safe, i am thinking to just file it when i come back.

Please advice. Thanks

[Ryan H 3,790]

i can apply within the 90 days period right?

Yes

[Kar_98 10]

My understanding is that the earliest you can apply ROC is 90 days before expiry. So in that said, i can apply within the 90 days period right?

It's not "you can apply with the 90 days", it's "you HAVE to apply within those 90 days before expiration of your 2 year conditional green card." Not earlier, not later. Get your package ready and mail it off as soon as you're eligible, but not a day earlier and certainly not a day later.

[CasandraYounes 0]

Thanks for asking this questions because I was wondering the same myself.

[trillium13 84]

OP, you are correct, you are ok to do this. I just wouldn't wait til the very last minute, and if you can have anything ready beforehand, it will make it easier for you. Good luck on everything!

Edited July 17, 2011 by trillium13

[sjr09 155]

OP FYI once you get your ASC Appointment Notice, you can check the box for (Request For Rescheduling) make a copy of the notice and send it in, that may buy you some time if you need it.

[marizzacdo 4]

well for me, if you have all the documents ready for submission then u can just let your husband send it on the day you think you need to, like you said july 29. You dont have to worry about biometrics, because i already called the USCIS about that. They said that in case you were out of the country when your biometrics schedule letter is sent, just make sure your husband is in your house to recieve the letter and he can reschedule your biometrics. I inquire this before to the USCIS because i already have plan to go to philippines last april.

I explain it to them that i will file my I-751 first week of February 2011 and i have plan to visit philippines by April. I ask them if is it possible to fly out to philippines assuming if i wont have my biometrics yet, and they said, YES, it is possible. They said, just make sure your husband is in the house to recieve the letter if it arrives so he can reschedule the biometrics.

But if you wish to do it after your vacation before the expiration, i think its ok as well.

P.S.

Good thing i recieve my biometric schedule before my flight last April, so we didnt have to go through rescheduling anymore.