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Filed: IR-1/CR-1 Visa Country: Brazil
Timeline
Posted

Hi everyone,

Haven't been out here for nearly 2 years, but it's time to file for ROC and as typical I am nervous. This time because wife and I are traveling in the 90 day window. Well, we travel a lot, but this time it's for a medical procedure that my wife is doing in her country that she has waited nearly a year to get her insurance, finally, to cover most of it.

Anway, I know there are other threads out here that are similar, I read a few of them, but thought I would post this anyway to see if I can get some more specific advice.

Our anniversary date(the expire date on my wifes greencard, is April 4). So I started early and gathered up evidence so I could file this month. I'm not too concerned about evidence, as I have all of the following:

Joint lease agreement for entire time after she arrived in USA after our approval for the greencard.

Joint auto insurance and health insurance.

Statement showing her as my life insurance beneficiary and joint statement showing her as a beneficiary of my 401k account.

Joint bank account.

TONs of pictures from vacations and of us with my family and her family.

Etc, etc...

But my dilemma is that she is traveling on Jan 27 and will not be home until March 18. I am also going to join her on March 4 and return with her on March 18. So the greencard will be still be valid when we return. The thing we are worried about is that if we file now, and we are BOTH gone when we get notice for a biometric appt., we will miss it. That makes me nervous as hell, to say the least.

So my thought was, I will wait until right before I leave to send the I-751 and that way if we receive a biometric appt, it's very likely that we will be back before it's scheduled (based on the timelines I've read, it's typically about a month and I will only be gone for 14 days. Then that way if anything goes wrong with the mailing or otherwise, I will still have more than 2 weeks to take care of that before our expiration date.

Not sure if I am thinking correctly here, but it seems to be the best I could come up with. Wish I would have known about the biometric thing and the seemingly severe consequences of missing it before and I would have talked my wife into delaying her surgery until after the biometrics. Ugh, what a headache...

Filed: Citizen (apr) Country: India
Timeline
Posted

Hi everyone,

Haven't been out here for nearly 2 years, but it's time to file for ROC and as typical I am nervous. This time because wife and I are traveling in the 90 day window. Well, we travel a lot, but this time it's for a medical procedure that my wife is doing in her country that she has waited nearly a year to get her insurance, finally, to cover most of it.

Anway, I know there are other threads out here that are similar, I read a few of them, but thought I would post this anyway to see if I can get some more specific advice.

Our anniversary date(the expire date on my wifes greencard, is April 4). So I started early and gathered up evidence so I could file this month. I'm not too concerned about evidence, as I have all of the following:

Joint lease agreement for entire time after she arrived in USA after our approval for the greencard.

Joint auto insurance and health insurance.

Statement showing her as my life insurance beneficiary and joint statement showing her as a beneficiary of my 401k account.

Joint bank account.

TONs of pictures from vacations and of us with my family and her family.

Etc, etc...

But my dilemma is that she is traveling on Jan 27 and will not be home until March 18. I am also going to join her on March 4 and return with her on March 18. So the greencard will be still be valid when we return. The thing we are worried about is that if we file now, and we are BOTH gone when we get notice for a biometric appt., we will miss it. That makes me nervous as hell, to say the least.

So my thought was, I will wait until right before I leave to send the I-751 and that way if we receive a biometric appt, it's very likely that we will be back before it's scheduled (based on the timelines I've read, it's typically about a month and I will only be gone for 14 days. Then that way if anything goes wrong with the mailing or otherwise, I will still have more than 2 weeks to take care of that before our expiration date.

Not sure if I am thinking correctly here, but it seems to be the best I could come up with. Wish I would have known about the biometric thing and the seemingly severe consequences of missing it before and I would have talked my wife into delaying her surgery until after the biometrics. Ugh, what a headache...

Filing just before you leave is a good option. It takes around 30 days time for biometric scheduling, so you should be fine.

Joint lease, joint bank statements, Joint Tax Returns and one joint utility (one utility each with same address also are good) covering the full period are the basic must evidence. Rest are all additional evidences, which help.

USA

01/08/13 - Approved and GC is order for production on 1/8/14

09/12/13 - Case transferred to CSC. NOA2 received on 09/18/13

08/30/13 - Biometrics Done - No walk ins allowed at this LSC (received on 8/16/13).

08/05/13 - NOA1 (received on 08/10/13)

08/01/13 - Mailed I-751 (received on 8/2/13 - check cashed on 8/5/13)

12/28/11 - Received SSN (applied on 12/20/11, as we didn't get based on DS-230 options)
11/28/11 - Received Green Card (Expires on 10/30/13) - Welcome Letter on 11/17/11
10/30/11 - POE - Houston, TX

Chennai Consulate (40 days)
10/28/11 - Received Visa papers and Passport at VFS
10/25/11 - Interview Cleared Successfully (Spouse was not allowed in)

NVC: (90 days from NOA2 to Consulate)
08/31/11 - Case Completed (Interview 10/25/11) - Received at Chennai on 09/19/11
07/22/11 - NVC Case Number

USCIS: (92 days)

6/21/11 - NOA2 (NOA1 on 3/25/11) - took a month to get to NVC
3/21/11 - I-130 sent to USCIS Lockbox, Chicago.

Filed: IR-1/CR-1 Visa Country: Brazil
Timeline
Posted

Filing just before you leave is a good option. It takes around 30 days time for biometric scheduling, so you should be fine.

Joint lease, joint bank statements, Joint Tax Returns and one joint utility (one utility each with same address also are good) covering the full period are the basic must evidence. Rest are all additional evidences, which help.

Hi Navyk,

Thanks for the reply. I do have the tax returns also, forgot to list that one.

Yeah, the filing just before I leave seems like the only good option unless I just talk her out of going, which is more than crossed my mind a few times in the last week or so. She won't be happy, but this stuff makes me a nervous wreck.

Filed: Citizen (apr) Country: Brazil
Timeline
Posted

You can always file after you get back. If you are returning in March, and the green card doesn't expire until April, you have time. 90 days before expiry is just the earliest you can file. You could also have your package ready to go and ask someone else to send it while you are gone maybe a couple of weeks before you return. That would guarantee that you don't miss biometrics since they give you a couple of weeks notice.

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Filed: IR-1/CR-1 Visa Country: Brazil
Timeline
Posted

You can always file after you get back. If you are returning in March, and the green card doesn't expire until April, you have time. 90 days before expiry is just the earliest you can file. You could also have your package ready to go and ask someone else to send it while you are gone maybe a couple of weeks before you return. That would guarantee that you don't miss biometrics since they give you a couple of weeks notice.

Hi menina,

Thanks for the reply. I'm only gone for 2 weeks, so I don't think having someone else to mail it would help. Unless there is a chance to get a biometrics apt less than 2 weeks after the mailing. And also, I don't trust anyone else that much, except for my wife! no0pb.gif

So I guess the choice is mail it before I leave, or when I arrive back on March 18. Mailing it then would give me 17 days before the expiration. Cutting a little close, but probably ok. I guess I have a little time to decide...

I am actually going to try to talk my wife into delaying the trip. Then the only issue would be maybe traveling with an expired visa but with the 1 year extension, which from what I have read here, is not a problem.

Filed: Citizen (apr) Country: India
Timeline
Posted

Hi menina,

Thanks for the reply. I'm only gone for 2 weeks, so I don't think having someone else to mail it would help. Unless there is a chance to get a biometrics apt less than 2 weeks after the mailing. And also, I don't trust anyone else that much, except for my wife! no0pb.gif

So I guess the choice is mail it before I leave, or when I arrive back on March 18. Mailing it then would give me 17 days before the expiration. Cutting a little close, but probably ok. I guess I have a little time to decide...

I am actually going to try to talk my wife into delaying the trip. Then the only issue would be maybe traveling with an expired visa but with the 1 year extension, which from what I have read here, is not a problem.

Best file it before you leave - biometric appoint always take around 30 days. Also you always reschedule without any issue, if need be.

USA

01/08/13 - Approved and GC is order for production on 1/8/14

09/12/13 - Case transferred to CSC. NOA2 received on 09/18/13

08/30/13 - Biometrics Done - No walk ins allowed at this LSC (received on 8/16/13).

08/05/13 - NOA1 (received on 08/10/13)

08/01/13 - Mailed I-751 (received on 8/2/13 - check cashed on 8/5/13)

12/28/11 - Received SSN (applied on 12/20/11, as we didn't get based on DS-230 options)
11/28/11 - Received Green Card (Expires on 10/30/13) - Welcome Letter on 11/17/11
10/30/11 - POE - Houston, TX

Chennai Consulate (40 days)
10/28/11 - Received Visa papers and Passport at VFS
10/25/11 - Interview Cleared Successfully (Spouse was not allowed in)

NVC: (90 days from NOA2 to Consulate)
08/31/11 - Case Completed (Interview 10/25/11) - Received at Chennai on 09/19/11
07/22/11 - NVC Case Number

USCIS: (92 days)

6/21/11 - NOA2 (NOA1 on 3/25/11) - took a month to get to NVC
3/21/11 - I-130 sent to USCIS Lockbox, Chicago.

Filed: IR-1/CR-1 Visa Country: Brazil
Timeline
Posted

Best file it before you leave - biometric appoint always take around 30 days. Also you always reschedule without any issue, if need be.

I agree, probably the best. That way, if there would be any problem with the first mailing, I would have 17 day left to fix that. So I think it's best. Unless I talk the wife out of traveling. I doubt it though since that is likely to cause additional delays with her insurance paying up for her medical procedure.

One other thing that I was curious about. Upon re-entry to the US, does immigration ever give anyone problems because the greencard is about to expire soon? Do they ever ask for proof of ROC filing or anything like that?

Filed: Citizen (apr) Country: India
Timeline
Posted

I agree, probably the best. That way, if there would be any problem with the first mailing, I would have 17 day left to fix that. So I think it's best. Unless I talk the wife out of traveling. I doubt it though since that is likely to cause additional delays with her insurance paying up for her medical procedure.

One other thing that I was curious about. Upon re-entry to the US, does immigration ever give anyone problems because the greencard is about to expire soon? Do they ever ask for proof of ROC filing or anything like that?

No problem as long as the GC is valid. If you want to be safe apply15 days you leave and that way, you will have the extension letter in hand. There is never an issue trying to get a biometric rescheduled, so that should not be the main reason to delay. Be in status is more important.

USA

01/08/13 - Approved and GC is order for production on 1/8/14

09/12/13 - Case transferred to CSC. NOA2 received on 09/18/13

08/30/13 - Biometrics Done - No walk ins allowed at this LSC (received on 8/16/13).

08/05/13 - NOA1 (received on 08/10/13)

08/01/13 - Mailed I-751 (received on 8/2/13 - check cashed on 8/5/13)

12/28/11 - Received SSN (applied on 12/20/11, as we didn't get based on DS-230 options)
11/28/11 - Received Green Card (Expires on 10/30/13) - Welcome Letter on 11/17/11
10/30/11 - POE - Houston, TX

Chennai Consulate (40 days)
10/28/11 - Received Visa papers and Passport at VFS
10/25/11 - Interview Cleared Successfully (Spouse was not allowed in)

NVC: (90 days from NOA2 to Consulate)
08/31/11 - Case Completed (Interview 10/25/11) - Received at Chennai on 09/19/11
07/22/11 - NVC Case Number

USCIS: (92 days)

6/21/11 - NOA2 (NOA1 on 3/25/11) - took a month to get to NVC
3/21/11 - I-130 sent to USCIS Lockbox, Chicago.

Filed: IR-1/CR-1 Visa Country: Brazil
Timeline
Posted

No problem as long as the GC is valid. If you want to be safe apply15 days you leave and that way, you will have the extension letter in hand. There is never an issue trying to get a biometric rescheduled, so that should not be the main reason to delay. Be in status is more important.

What I am concerned about is if I receive an apt for biometric while I am gone, and I don't know it, because I don't have anyone available to check my mail. So the apt time is missed because I am still gone, and I didn't know to reschedule it.

Not sure if it was here that I read it, but I did read somewhere online in the last few days, that if you miss the biometrics by even one day without rescheduling, it's an automatic denial. Not sure if that is true, or just fear mongering, but if true...

Posted

Maybe this is something you can try calling USCIS or make an Infopass appointment for. I don't have my biometrics letter with me but maybe I can take a look when I have it and let you know what my letter says in regards to missing an appoinment.

What I am concerned about is if I receive an apt for biometric while I am gone, and I don't know it, because I don't have anyone available to check my mail. So the apt time is missed because I am still gone, and I didn't know to reschedule it.

Not sure if it was here that I read it, but I did read somewhere online in the last few days, that if you miss the biometrics by even one day without rescheduling, it's an automatic denial. Not sure if that is true, or just fear mongering, but if true...

ROC Journey:

4/24/13 - Submitted I-751 application

4/26/13 - I-751 officially filed

6/11/13 - Biometrics done

8/14/13 - Rec'd RFE

9/21/13 - Submitted RFE response

9/23/13 - RFE response rec'd at VSC

(about 2 months later)

11/21/13 - Service request via Tier 1 submitted

12/11/13 - Response to service request rec'd - vague info about processing times

12/12/13 - Service request via Tier 2 submitted

12/10/13 - APPROVED!!! (letter rec'd 12/14/13)

12/16/13 - 2nd Service request response rec'd

12/17/13 - Card production email/text rec'd (online case updated)!

12/24/13 - Notification rec'd via email regarding card mailed on 12/23/13 (online case updated as well)

12/26/13 - 10-yr card rec'd!

One thing I have learned on this journey:

There is no such thing as an "overkill" evidence package. Submit anything and everything you can. Who knows what will prevent you from getting an RFE.

Filed: Citizen (apr) Country: India
Timeline
Posted

What I am concerned about is if I receive an apt for biometric while I am gone, and I don't know it, because I don't have anyone available to check my mail. So the apt time is missed because I am still gone, and I didn't know to reschedule it.

Not sure if it was here that I read it, but I did read somewhere online in the last few days, that if you miss the biometrics by even one day without rescheduling, it's an automatic denial. Not sure if that is true, or just fear mongering, but if true...

Yes the biometric letter states "If you fail to appear as scheduled, your application will be considered abandoned". But I also know of applicant who didn't receive the mailed biometric letter that called USCIS after almost a month and got new biometric letter.

Every decision has a trade-off and you need to decide which is better. Remember that you wife can't re-enter once you get delayed due to some reason beyond control unless you have the NOA1 in hand. If I were you, I will have someone check the mail and send at least a good copy that look almost like original to me.

You got all the inputs and you need to make the best decision based on how sure you will return as the planned. If you are sure of returning on the planned date, then mailing it before you leave looks like your best option.

USA

01/08/13 - Approved and GC is order for production on 1/8/14

09/12/13 - Case transferred to CSC. NOA2 received on 09/18/13

08/30/13 - Biometrics Done - No walk ins allowed at this LSC (received on 8/16/13).

08/05/13 - NOA1 (received on 08/10/13)

08/01/13 - Mailed I-751 (received on 8/2/13 - check cashed on 8/5/13)

12/28/11 - Received SSN (applied on 12/20/11, as we didn't get based on DS-230 options)
11/28/11 - Received Green Card (Expires on 10/30/13) - Welcome Letter on 11/17/11
10/30/11 - POE - Houston, TX

Chennai Consulate (40 days)
10/28/11 - Received Visa papers and Passport at VFS
10/25/11 - Interview Cleared Successfully (Spouse was not allowed in)

NVC: (90 days from NOA2 to Consulate)
08/31/11 - Case Completed (Interview 10/25/11) - Received at Chennai on 09/19/11
07/22/11 - NVC Case Number

USCIS: (92 days)

6/21/11 - NOA2 (NOA1 on 3/25/11) - took a month to get to NVC
3/21/11 - I-130 sent to USCIS Lockbox, Chicago.

Filed: K-1 Visa Country: Philippines
Timeline
Posted

Navyk, We havnt submitted our removal of conditions yet, but when we submitted change of status for 2 year green card, we got notification of our Biometrics appt less than 2 weeks after submitting, but the actual appointment was like a month or more later. even if they notify you right away that its scheduled, I asume it won't happen two weeks after you file, but I, like you, worry about traveling when paperwork and notices may be coming, so we always try not to, just to be safe. we have had some things take rediculously long and some things happen lightning fast, so I try not to assume I can predict the time frame we need to be home to recieve notifications. my wife has been almost frantic at timees wanting to go visit her family especially after severe devastation in her home country from recient typhoons, but I fear going just before submitting her removal of conditions, or just after would be setting ourselves up for possible problems unnecessarily.I just hope everything goes smoothly for you and for us, once we submit, for us so my wife can visit her family relaxed once she has her 10 year green card, rather than being in a panic wondering if all is well. We've had things happen in the number of weeks others had happen in months, but one step that should have been 1 month took 7 months because of a change in proceduers that we didnt know about, so I advise caution when trying to guess when Different USCIS offices will take certain actions. Also, It is possible when one has surgeries to have unavoidable and unforseen delays, in getting back. We wish you good luck which ever way you decide.

Filed: Citizen (apr) Country: India
Timeline
Posted

Navyk, We havnt submitted our removal of conditions yet, but when we submitted change of status for 2 year green card, we got notification of our Biometrics appt less than 2 weeks after submitting, but the actual appointment was like a month or more later. even if they notify you right away that its scheduled, I asume it won't happen two weeks after you file, but I, like you, worry about traveling when paperwork and notices may be coming, so we always try not to, just to be safe. we have had some things take rediculously long and some things happen lightning fast, so I try not to assume I can predict the time frame we need to be home to recieve notifications. my wife has been almost frantic at timees wanting to go visit her family especially after severe devastation in her home country from recient typhoons, but I fear going just before submitting her removal of conditions, or just after would be setting ourselves up for possible problems unnecessarily.I just hope everything goes smoothly for you and for us, once we submit, for us so my wife can visit her family relaxed once she has her 10 year green card, rather than being in a panic wondering if all is well. We've had things happen in the number of weeks others had happen in months, but one step that should have been 1 month took 7 months because of a change in proceduers that we didnt know about, so I advise caution when trying to guess when Different USCIS offices will take certain actions. Also, It is possible when one has surgeries to have unavoidable and unforseen delays, in getting back. We wish you good luck which ever way you decide.

Yes there is no guarantee that our guess work is going to be correct. Journeyer's wife is already abroad and he needs to make a decision on when is good for him to file the ROC application and we are trying to provide some input for him to make the right decision. I hope he makes the right decision that suits him.

I am sorry to read about the devastation that hit Philippines. May the Lord grant them peace and comfort in the wake of this devastation.

USA

01/08/13 - Approved and GC is order for production on 1/8/14

09/12/13 - Case transferred to CSC. NOA2 received on 09/18/13

08/30/13 - Biometrics Done - No walk ins allowed at this LSC (received on 8/16/13).

08/05/13 - NOA1 (received on 08/10/13)

08/01/13 - Mailed I-751 (received on 8/2/13 - check cashed on 8/5/13)

12/28/11 - Received SSN (applied on 12/20/11, as we didn't get based on DS-230 options)
11/28/11 - Received Green Card (Expires on 10/30/13) - Welcome Letter on 11/17/11
10/30/11 - POE - Houston, TX

Chennai Consulate (40 days)
10/28/11 - Received Visa papers and Passport at VFS
10/25/11 - Interview Cleared Successfully (Spouse was not allowed in)

NVC: (90 days from NOA2 to Consulate)
08/31/11 - Case Completed (Interview 10/25/11) - Received at Chennai on 09/19/11
07/22/11 - NVC Case Number

USCIS: (92 days)

6/21/11 - NOA2 (NOA1 on 3/25/11) - took a month to get to NVC
3/21/11 - I-130 sent to USCIS Lockbox, Chicago.

 
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