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dstrausser83

Help needed with Removing Conditions

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Filed: AOS (pnd) Country: Peru
Timeline

Hello all,

My wife has to file in January to remove her conditions as her green card expires in April.

I have a few problems though, none that will change her immigration status because that's rock solid. Two kids, tons of proof. No issues.

This is the problem:

My sister-in-law just got diagnosed with a brain tumor. The doctor's are still debating how long she has left and treatments (things move very slow in Peru), but with my estimate of looking things up on the net is that I'd be surprised if she has more than 6 months. She lives in Lima, Peru. We are helping to take the financial burden of her family so that her spouse can be with her. My wife wants to go to Peru to be with her sister and spend her final months with her before the inevitable. Problem is that it collides with the deadlines for the visa. I would expect that she could be back by April 15th (when her visa expires) but what should we do in the meantime? Like I said, other than this, they have no reason to even give us a RFE. I have tons of info for them and it should be an easy case.

The finances also suck because I need to get heart surgery (we have insurance but I have 20% coinsurance, will be between $2,400 and $4,500 my oop max), we are helping my sister in law's family, soon to need $2,400 to send 3 people to Peru for 5/6 months, and now the $600 (roughly) for the green card. Finances are very tight. Struggling here so can't really afford a lawyer either.

Thanks for your help!
David

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Filed: AOS (pnd) Country: Peru
Timeline

One other question....

We live in CA and my wife's license expires with her green card. If I am understanding everything right, it looks like it is taking longer than 90 days to approve......

What do we do about the license? She needs the license to take them to daycare, work, buy food, etc. I travel for work frequently. This could be a big issue. If she goes to Peru, she'll be back by April 15 which is when that would expire.

Thanks.

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Hi,

You mentioned something about her visa expiring, but I assume you meant her GC. In any case when you submit ROC, the GC is extended for one year and the proof of this would be her NOA1. She can use this along with her GC in order to travel.

She has to be here for biometrics, which they usually give the appointment for pretty fast. Once she does that, then she can leave. Receiving an RFE, doesn't mean she has to reenter the US, it just means that you have to send in whatever they need, which you can do yourself. That is of course if you guys get an RFE, so be sure to follow the instructions properly and submit the required docs to avoid an RFE in the first place.

I think interviews are pretty rare for ROC, especially if you submit the proper evidence so I wouldn't worry much about that. In the off chance that you guys are called for an interview, your wife can travel back. The interview notice would be well in advance, if it even comes to that.

So your wife will be perfectly fine to travel once she gets the NOA1 and has her biometrics appointment. I am sorry about her sister and wish her the best. Good luck.


This does not constitute legal advice.

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Almost forgot, as for the license, her NOA1 serves as proof that her GC is extended, so she may be able to get her DL extended with that. Or if they won't accept that, at biometrics sometimes they put a sticker on the back of the GC that extends the card or she can make an infopass to get an ADIT stamp. Remember the GC is extended for one year, so if it expires in April 2015, it shouldn't expire until April 2016, once the ROC is submitted. Of course that's if the ROC isn't approved before then, because otherwise she would get her 10 year GC before the extension expires.


This does not constitute legal advice.

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Filed: AOS (pnd) Country: Peru
Timeline

Thank you. Yes, I meant GC instead of Visa.

Very much appreciated. Are they giving ADIT stamps anymore?

Thanks!
David

Edited by dstrausser83

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Yes, you can get an ADIT stamp at infopass. Sometimes they put an orange sticker on the GC at biometrics, in which case it wouldn't be necessary to get an ADIT stamp. But like I said, the NOA1 along with the GC is good for travel, it just may be an issue for the DMV.


This does not constitute legal advice.

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