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Is it unsafe to file for I-751 12 days before green card expiration?

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Hi All,

My wife's green card expires on Jan 13th 2013. Since we can file during the 90 day window prior to expiration, we can file as early as Oct 13th 2013.

However, we will be traveling to Europe from December 7th to January 1st and feel like it's risky to send the documents before we travel since we don't want to miss any biometrics appointments and want to be able to answer RFEs or anything that comes up.

Is it safe for us to prepare everything in advance and file the documents on January 2nd when we get back? The expiration is the 13th. Can anything go wrong because of the timing?

Based on average time to receive biometrics, is it risky to send the application right when we leave for vacation? What would you do?

Thanks a lot for your help!


I am the US citizen, my wife is the applicant.

Adjusting from J1 Trainee visa:

August 25th, 2010: Filed AOS package to USCIS

August 27th, 2010: Package received by USCIS

September 2nd, 2010: Received I797 for I-130, I-485, I-765

October 14th, 2010: Received biometrics appointment letter (will be on Nov 5th)

AOS interview will be on January 13th, 2011!

January 13th, 2011: Approved at the day of the interview

Next step, removal of conditions

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I would not be leaving it that late.

I personally would file the day before your departure in December.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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It would be safer to have the petition filed and receive the 1 year status extension prior to your travels. That way if the return to the US is delayed you are not out of status or stressed.

Rescheduling appointments is easy.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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why don't you file the very first day? That way you will have almost 2 months between when you file and when you leave. This should allow you plenty of time to receive the NOA and the biometrics appointment letter.

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Actually, per the USCIS Calculator you cannot file before Oct 15, 2012.

Start assembling the package right now and mail it Oct 16 that way you have a month and a half for the biometrics. Even if you receive the bio letter with a date in mid-Dec, you can still go for an early bio.

This way you have enough time to complete the bio before you leave and will have the 1yr extension letter with you in case you decide to stay longer past the Gc expiration date, you will still be safe.


Jan 1999- F1 to USA

June 2006- AOS thru D.O.R.A.

Dec 2009- Oath. Finally a U.S Citizen

I am proud to be Tanzamerican!

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Hi All,

Thanks a lot for your input! I'm still a little scared to send the application as early as possible because in the end, we'll be gone during 3 weeks total.

I've seen people receive a biometrics letter for appointments two weeks after that. So I'm afraid we could receive one of those when we're gone at get denied.

I know the chances are slim since there's only one biometric appointment normally, but my wife's fingerprints are extremely difficult to read so we received 2 biometrics appointments for AOS and had to send police records to prove that she didn't have any criminal record.

I expect the biometrics to go down the same way this time, that's why it's even more difficult to project for us.

Do you know if there are any mail services that will delay the delivery of our package if we ask? Ie: we drop it off on December 7th, the day we leave but ask them if they can deliver it around the 14th, so we have a month before the GC expiration but no risk of missing anything since we would be back 2 weeks after that?

Thanks!


I am the US citizen, my wife is the applicant.

Adjusting from J1 Trainee visa:

August 25th, 2010: Filed AOS package to USCIS

August 27th, 2010: Package received by USCIS

September 2nd, 2010: Received I797 for I-130, I-485, I-765

October 14th, 2010: Received biometrics appointment letter (will be on Nov 5th)

AOS interview will be on January 13th, 2011!

January 13th, 2011: Approved at the day of the interview

Next step, removal of conditions

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IMO, you are creating way too much stress and worry for yourselves. Apply when you can, reschedule things if you have to. Have a friend/relative check your mail if you are that concerned.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Hi All,

Thanks a lot for your input! I'm still a little scared to send the application as early as possible because in the end, we'll be gone during 3 weeks total.

I've seen people receive a biometrics letter for appointments two weeks after that. So I'm afraid we could receive one of those when we're gone at get denied.

I know the chances are slim since there's only one biometric appointment normally, but my wife's fingerprints are extremely difficult to read so we received 2 biometrics appointments for AOS and had to send police records to prove that she didn't have any criminal record.

I expect the biometrics to go down the same way this time, that's why it's even more difficult to project for us.

Do you know if there are any mail services that will delay the delivery of our package if we ask? Ie: we drop it off on December 7th, the day we leave but ask them if they can deliver it around the 14th, so we have a month before the GC expiration but no risk of missing anything since we would be back 2 weeks after that?

Thanks!

I think if you send your application just before you leave you have MORE of a chance you will miss your biometrics appointment. It would also be better to travel with the I-797 stating your green card is extended 1 year.


K-1 / K-2 Timeline:
02/02/2010 - Sent I-129F
02/04/2010 - NOA1
05/06/2010 - NOA2
07/13/2010 - Consulate Interview - APPROVED
07/17/2010 - POE (JFK)

07/30/2010 - MARRIED!

AOS-EAD Timeline:
08/29/2010 - AOS-EAD sent
09/08/2010 - NOA1
09/17/2010 - Biometrics
11/06/2010 - EAD card received
11/08/2010 - AOS interview - GC's APPROVED
11/19/2010 - Green Cards Arrived

After two amazing years together....

ROC Timeline:
08/10/2012 - ROC sent
08/14/2012 - NOA1
08/27/2012 - Biometrics

05/01/2013 - ROC - APPROVED

05/06/2013 - Green Cards Arrived

Citizenship:

08/31/2013 - N-400 sent

09/04/2013 - NOA1

09/27/2013 - Biometrics

10/08/2013 - In-Line

11/13/2013 - Interview

12/13/2013 - Oath -- Now a U.S. citizen!

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Actually, per the USCIS Calculator you cannot file before Oct 15, 2012.

Start assembling the package right now and mail it Oct 16 that way you have a month and a half for the biometrics. Even if you receive the bio letter with a date in mid-Dec, you can still go for an early bio.

This way you have enough time to complete the bio before you leave and will have the 1yr extension letter with you in case you decide to stay longer past the Gc expiration date, you will still be safe.

I think if you send your application just before you leave you have MORE of a chance you will miss your biometrics appointment. It would also be better to travel with the I-797 stating your green card is extended 1 year.

I agree with Mama mia and tom&tanya. You're stressing about details that can be resolved easily. There is SO much time between your opening file window and your travel dates. With the choices you have, I personally would file as soon as possible if I were in your shoes. In all likelihood, you should receive your NOA1, your biometrics letter and even be able to either reschedule the bio appointment or do an early walk-in before leaving. This way, all your ducks are in order before you travel. Plus, you'll have that NOA1 for when you return just in case anyone asks any questions about returning so close to the expiry date (you never know). If you send it right before you leave, you'll be receiving your NOA1 and your biometrics letters while you're gone. Plus, if something is wrong with your application and they return it, you won't be home to know. Filing after you return from your travels puts you at the same disadvantage.


I-129F
02-09-2009 - Sent I-129F package
02-11-2009 - NOA1
06-15-2009 - NOA2
06-22-2009 - NVC received petition
07-09-2009 - Consulate received petition
08-27-2009 - Packet 3
10-03-2009 - Packet 4
10-08-2009 - Interview - Approved!
10-16-2009 - Received visa
02-03-2010 - U.S. entry
04-01-2010 - Married! (No joke!)

AOS/AP/EAD
04-26-2010 - Sent I-485/I-131/I-765 package
05-03-2010 - NOA1
05-18-2010 - RFE (Resolved)
06-14-2010 - Biometrics
06-21-2010 - Transferred to CSC
07-06-2010 - AP (I-131) and EAD (I-765) Approved
10-13-2010 - AOS (I-485) Approved!

I-751
09-11-2012 - Sent I-751 package
09-13-2012 - NOA1
10-11-2012 - Biometrics

04-08-2013 - Approved!

All mine. <3

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IMO, you are taking a bigger chance to mail it just before you leave as the package may be returned for whatever reason (e.g forgot to sign, forgot to enclose check, forgot to sign check, incorrect check amount, undeliverable) I know you may think this may not happen happen but try to tally how many people sent their petitions without signing them.

Here is the breakdown for the time frame:

Mail petition- Oct 16

NOA1- 7-10 days Oct 26

Bio- 4-6 weeks Nov 27

You will have the option of walk in bio due to your travel plans. So if you can complete the bio let's say Dec 3 and if they are not readable, it will take USCIS about 2-3 weeks to notify you and by this time, you should be back or will be back within a week or so and can re do it on the new date.

Also see if you can get the fingerprints done before you leave.

But whatever you decide do to, have a close friend or a relative check the mail for you.


Jan 1999- F1 to USA

June 2006- AOS thru D.O.R.A.

Dec 2009- Oath. Finally a U.S Citizen

I am proud to be Tanzamerican!

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A lot of people go for early biometics appointments as well. I personally would file as soon as my window opened, and then breath a sigh of relief once I had that NOA1 in my hand. If you aren't travelling until December that's a huge amount of time and you'll likely get your appointment date before then. if not, call and ask about it. Don't panic!

Also I wouldn't want to send it last minute, and then fly out for 3 weeks, and find out that it never arrived/signed for when I tried to get back into the country. etc etc etc.


http://nomoremrsniceguy.blogspot.com/

Our journey:

11th October 2012: APPROVED!

24th February 2012: Biometrics appointment

8th February 2012: Touch

24th January 2012: Biometrics NOA date (received 30th)

19th January 2012: Check cashed by VSC

17th January 2012: NOA date (received 20th)

14th January 2012: ROC delivered via USPS to VSC

13th January 2012: Filed for ROC

Earliest date to remove conditions: Friday, December 2, 2011

9th March 2010: GC in hand

1st March 2010: Interview 8.40am APPROVED!

1st March 2010: EAD arrives, along with daughters US passport

15th January 2010: Biometrics appointment

10th December 2009: Filed for AOS

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Another option, if you have a trusted friend, is to leave the package with them, complete with Fed Ex or UPS or USPS delivery all taken care of - just needing it to be dropped off for delivery on a certain date - and have them mail it for you on that date. That way, it will be in early enough to get it in a reasonable time but not so early that you are likely to miss the biometrics. I did this for a friend when she mailed her package to USCIS so she would receive the biometrics appointment shortly after her return from visiting her parents overseas. She had everything ready to go - prepaid Fed Ex and all. I just had to drop it off at their office on the day she wanted me to. It worked out exactly as expected.

Edited by Kathryn41

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

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Another Member of the VJ Fluffy Kitty Posse!

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I would follow Kathryn's advice. This is what we plan to do if we end up deciding to travel during that time period. Reason being, getting the biometrics appointment can take months or days.


OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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Hi All,

Thanks so much for your help on this.

I will have my grand parents mail the application for us so that it's not mailed too early and not too close to the deadline though.

Considering that we leave on December 7th, return on Jan 1st and that the green card expiration is Jan 13th, when do you think would be the best time to send it?

I feel like the week of Dec 3rd or 10 would be too soon since we may receive a biometrics appointment while we're still gone. It looks like the beginning of the week of Dec 17 would be best. It's nearly a month before expiration and not likely that we would be schedule for a biometric appointment on a date before Jan 1. What do you think?

Thanks again for your great help!


I am the US citizen, my wife is the applicant.

Adjusting from J1 Trainee visa:

August 25th, 2010: Filed AOS package to USCIS

August 27th, 2010: Package received by USCIS

September 2nd, 2010: Received I797 for I-130, I-485, I-765

October 14th, 2010: Received biometrics appointment letter (will be on Nov 5th)

AOS interview will be on January 13th, 2011!

January 13th, 2011: Approved at the day of the interview

Next step, removal of conditions

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