On process of ROC but my CR2 kid is not in US now

[roch0811 0]

Can anyone help me... after i got my conditional green card, i sent back my CR2 daughter to my country for personal reason and later on decided to make her study there. but i wasnt able to get her a re-entry permit before she left US and shes been there for more than a year now. my US citizen husband said we'll just re-file for her. Last month I filed my i-751, I received a letter from USCIS that I need to pay for my daughter's biometric fee as she is my eligible dependent and included in the application. We plan to pay it just to make the processing go through but what is the effect of her not being here in US in my application? how do i go about her situation?

[RICARDO4EVA2 194]

Can anyone help me... after i got my conditional green card, i sent back my CR2 daughter to my country for personal reason and later on decided to make her study there. but i wasnt able to get her a re-entry permit before she left US and shes been there for more than a year now. my US citizen husband said we'll just re-file for her. Last month I filed my i-751, I received a letter from USCIS that I need to pay for my daughter's biometric fee as she is my eligible dependent and included in the application. We plan to pay it just to make the processing go through but what is the effect of her not being here in US in my application? how do i go about her situation?

if i am wrong - someone can correct me.

your daughter must be in the usa ..... she must show up in person to satisfy the requirements for biometrics. prints/photos. The application is likely to be denied if she does not appear at a location (ASC) to get them done. Since she has only been there for a year + a re-entry permit is required.

Edited February 3, 2012 by RICARDO4EVA2

[JimVaPhuong 4,863]

Can anyone help me... after i got my conditional green card, i sent back my CR2 daughter to my country for personal reason and later on decided to make her study there. but i wasnt able to get her a re-entry permit before she left US and shes been there for more than a year now. my US citizen husband said we'll just re-file for her. Last month I filed my i-751, I received a letter from USCIS that I need to pay for my daughter's biometric fee as she is my eligible dependent and included in the application. We plan to pay it just to make the processing go through but what is the effect of her not being here in US in my application? how do i go about her situation?

Don't do that! If you pay her biometrics fee then they'll send a notice for her to appear for biometrics. She obviously can't do that since she's not in the US. Respond to the RFE with a letter explaining that your daughter has returned to her home country more than one year ago, and has abandoned her permanent resident status, and you are not seeking to remove conditions for her. It would probably be a good idea to sign that letter in front of a notary.

[RICARDO4EVA2 194]

Don't do that! If you pay her biometrics fee then they'll send a notice for her to appear for biometrics. She obviously can't do that since she's not in the US. Respond to the RFE with a letter explaining that your daughter has returned to her home country more than one year ago, and has abandoned her permanent resident status, and you are not seeking to remove conditions for her. It would probably be a good idea to sign that letter in front of a notary.

hey jim.. could you tell me the benefit/s of sending a letter in with what you explained above.

the case would still be denied right.

[roch0811 0]

hey jim.. could you tell me the benefit/s of sending a letter in with what you explained above.

the case would still be denied right.

we already paid my daughter's biometric fee. actually i noted on my application that she is not in US and not living with me but still they sent me that letter stating i need to pay her biometric fee or else my application wont be processed...

[RICARDO4EVA2 194]

Jim what do you think..?

...

[JimVaPhuong 4,863]

hey jim.. could you tell me the benefit/s of sending a letter in with what you explained above.

the case would still be denied right.

Yes, the daughter's ROC will be denied, but there's a risk the OP's ROC could also be denied. The reason for sending the letter is because USCIS sent an RFE for the biometrics fee for the daughter. Without an explanation for why the applicant isn't sending the requested fees they could conceivably deny HER removal of conditions, as well. Children listed in part 5 of the I-751 are generally considered to have filed at the same time as the primary applicant, and aren't required to file separately. USCIS is considering this a joint removal of conditions for both mother and daughter, and she needs to make it clear to USCIS that they are to sever that junction and consider only HER removal of conditions.

[RICARDO4EVA2 194]

i see... thank you for your diligence man