Filing ROC while alien spouse is abroad - husband is in US

[smkr 1]

I am abroad and my ROC time is end of this month and I will return in 8 weeks to US. My husband (US citizen) is in US and we plan to file i-751 jointly while I am abroad.

Is this an issue? Of course, I will be mailing him the signed forms and I will be back in US for the interviews.

Thanks much!

[Pitaya 2,577]

What are your plans for providing USCIS with the required biometrics?

Edited February 7, 2015 by A&B

[smkr 1]

Are they not going to schedule an appointment for biometrics? If yes, I will be back to present my biometrics.

[Pinkrlion 2,611]

When does your GC expire? If you are back before then just wait until you return. That will still give you one month to apply, if your ROC 90 day window starts at the end of Feb.

[smkr 1]

Mine is a unique story - I never received a green card after entering this country and made several infopass appointments and met with them - nothing happened (they have acknowledged that INS has received the payment).

I left the country with a stamp on my passport and this is the dilemma I am going through.

My stamp expires this month end however, I have a medical situation here that I cannot travel back. My husband made a visit to field office (Infopass) and they asked that I go to local Consulate and I cannot do that either because of my medical situation.

With that said, I am thinking, I did not get my green card (with no fault of mine) and if we file the ROC and obtain NOA, I can probably travel back in a month or worst case 2 months.

What do you guys think?

[Darnell 8,478]

i say file it during the 90 day window, later to the last day if possible,

as that buys you some time to transit back in

and the scheduling for biometrics might be in your favour (ie, you are in the usa at the time)

[smkr 1]

Thanks Darnell!!

[smkr 1]

Darnell - I re-read your email.

I am not sure if I understood but what I am thinking is, we file the ROC on Feb 28th and wait for NOC. Once, I get my NOC, I will be able to enter the country and continue with Biometrics etc.

If they had mailed my greencard, I would have not have any issues re-entering until the last day and then mailed it (this is worst-case). Now, I am running out of ideas and this is the only approach that comes to my mind.

Do you or anybody in this forum see any issues with this approach?

[Darnell 8,478]

oh. usually, the NOA-1 extends the green card for a year,

and since you don't have one to show at the border,

usually you show the green card plus the NOA-1 to get in.

Since you don't have the green card, do you think the NOA-1 letter from the ROC submittal is sufficient to re-enter the country?

I don't have an answer on that one.

[Darnell 8,478]

ok - so you have an I-551 stamp in the passport,

and that expires a certain day.

the NOA-1 letter from ROC should extend that I-551 stamp, if I understand properly.

[Pinkrlion 2,611]

I am not sure, it sounds like you have been out of the country the entire time of your conditional green card time period. I don't know if you have to file for a re-entry visa, something else, or start over. Someone else might chime in with solutions.

[Boiler 43,727]

Just wondering what you would show the airline.

[kzielu 1,147]

How do you plan to sign I-751 ?

And just to confirm - you will file because you are reaching 2 years since you became resident, not because a stamp in passport which typically has 1 year validity ?

[Cathi 5,621]

ok - so you have an I-551 stamp in the passport,

and that expires a certain day.

the NOA-1 letter from ROC should extend that I-551 stamp, if I understand properly.

yes, along with NOA1 they provide an extension letter that extends for a year. BUT biometrics is scheduled within 30 days of receiving NOA1 and the extension letter. My husband's biometrics was 2 and a half weeks after receiving NOA1 and the extension letter

[Cathi 5,621]

you do that a requirement of having a green card is actually residing in the US, correct? Did you get a re-entry permit before leaving to go back to India?

Edited February 8, 2015 by mimolicious