File before or after trip home?

[usc85 6]

Hi all,

Just a quick timeline question which I would appreciate some input on.

My wife's entry date was 9/15/2014, meaning her removal of conditions window opens on 6/15/2016.

Well, given both of our schedules, we are already planning a trip back to her home country together for next summer. Our dates will be somewhat flexible, but leaving in early May would be great. If we stay two months, we could return home to the US in early July.

Is it a good idea to have family here in the US drop her completed removal of conditions in the mail on the date her window opens in June? Will it matter that my wife will be out of the country when they open the packet at USCIS? I don't know if they would check at that time to see if my wife was currently in the country or not. (I suppose they don't even have a way to check this, though, since they don't check passports on exit). The biggest problem I foresee is ensuring that her biometrics date must be after our return. Could we simply include a request to ensure a bit later date in the cover letter? Would it also be necessary or a good or bad idea to mention that my wife is currently out of the country but returning soon? (We could provide flight information to show date of return). We will also include lots of evidence of her continuing ties to her life in the US in addition to the evidence of bona fide marriage.

An alternative would be to wait until we return in July to mail the packet, but I know I'll be anxious to mail it in the day the window opens.

Thoughts? Suggestions?

Thanks and good luck to all!

[aaron2020 11,651]

Hi,

90 days before her condtional card expires is not 6/15/16. July and August have 31 days each. If you file even 1 day early, the ROC will be denied.

File when you get back in July.

Best of luck.

[usc85 6]

Thanks for that. I just used timeanddate.com's calculator to subtract 90 days from 9/15/2016, and it says June 17th. Thanks for the reminder about 31 days!

Here's another question for you, though: would your answer change if our trip dates were 6/25 to 8/25. In this case we could drop it in the mail before we left, but would almost certainly need USCIS to work with us on the biometrics appointment. These dates are another, but less likely possibility.

[Cheezees 1,514]

Pushing your travel dates back further into the start and processing dates of your ROC application is a terrible idea. I agree with the previous poster. File after you get back in July. You can file any time during your 90-day window but you'd want to do with sooner rather than later. Technically, and you'd be pushing it, you could file after you get back on 8/25. But why unnecessarily delay the process, which these days is taking months longer than it did in previous years?

[usc85 6]

Pushing your travel dates back further into the start and processing dates of your ROC application is a terrible idea. I agree with the previous poster. File after you get back in July. You can file any time during your 90-day window but you'd want to do with sooner rather than later. Technically, and you'd be pushing it, you could file after you get back on 8/25. But why unnecessarily delay the process, which these days is taking months longer than it did in previous years?

Thanks for the reply and I'm absolutely with you. We of course will try to have the earlier schedule, but it will be to a certain degree out of our hands. (It will depend if/when my wife is hired next year for a new job). I'm sure I can look around for other topics, but it is my understanding that USCIS will push back a biometrics appointment on request, is that correct?

[Cheezees 1,514]

I think you would be fine either way. It's good that you asked as some people have gone on vacation after the submitted their application, missed the NOA (Notice of Arrival - meaning they got your application and extended your status for a year), the biometrics date, the RFE (Request for Evidence - insufficient evidence was submitted and you get to resubmit), etc. and had their application considered abandoned. This effectively is a denial and now they are awaiting an immigration judge's decision on reinstatement. What a mess!

[usc85 6]

I was just reading that you can take NOA letter and do a walk-in at the ASC. That may work as well if we end up on the later time schedule. We could push the trip further back to ensure enough time to receive the letter and do a walk-in. Can you check the receipt of the I-751 online or get emails about it, or do they only send letters?

[nov14filers 8]

My suggestion is that you get EVERY THING ready including signing the form. Hire an attorney. And ask the attorney to send the paperwork out on 90th day or 89th day. That way postal stamp shows that you were in 90 days window..not sooner.

If you fill out your form and complete the package before going to the attorney, your cost of hiring the attorney might not be much.

I wouldnt wait till I come back.

Either that or change your schedule and come back sooner or go later.

[usc85 6]

My suggestion is that you get EVERY THING ready including signing the form. Hire an attorney. And ask the attorney to send the paperwork out on 90th day or 89th day. That way postal stamp shows that you were in 90 days window..not sooner.

If you fill out your form and complete the package before going to the attorney, your cost of hiring the attorney might not be much.

I wouldnt wait till I come back.

Either that or change your schedule and come back sooner or go later.

Any reason to not just have my folks drop it off at the post office on the appropriate day?