Removing Conditions- GC expires in September

[JP5380 4]

Hello All, 

 

My wife's marriage based conditional green card (and her son's) will expire this coming September. So I'm starting to refresh myself on the what to start next. I understand we need to submit I-751 and it's associated evidence. My question is about her upcoming travel this summer. She is planning to visit her family back home June-mid August. Does anyone see a potential problem with this timing? I remember being called for biometrics appointments, etc. before the initial GC interview. I've told her to go ahead and buy tickets, but after thinking about things more, I'm a little concerned something might pop up that she needs to be present for. 

 

Thank you!

[elmers 289]

9 minutes ago, JP5380 said:

Hello All, 

 

My wife's marriage based conditional green card (and her son's) will expire this coming September. So I'm starting to refresh myself on the what to start next. I understand we need to submit I-751 and it's associated evidence. My question is about her upcoming travel this summer. She is planning to visit her family back home June-mid August. Does anyone see a potential problem with this timing? I remember being called for biometrics appointments, etc. before the initial GC interview. I've told her to go ahead and buy tickets, but after thinking about things more, I'm a little concerned something might pop up that she needs to be present for. 

 

Thank you!

USCIS is (so far, it seems) using biometric data from AoS application so should be good. Edit: not for K1, IR1-CR1 however though, I believe.

Edited April 22, 2021 by elmers

[Timona 3,937]

Biometrics will probably come after her GC expires. So, I see no problem. She can go on the trip

[JP5380 4]

Thank you. It also appears I only need to file one application (I-751) and pay one fee for both her and her 7 year old son? Am I interpreting this correctly?

[elmers 289]

2 minutes ago, JP5380 said:

Thank you. It also appears I only need to file one application (I-751) and pay one fee for both her and her 7 year old son? Am I interpreting this correctly?

One application fee but two biometric fee, one for each applicant + dependent. In your case, it will be 595+85+85. Page 7 of I-751 instructions.

[JP5380 4]

Thanks all!

[Ksenia_O 695]

2 minutes ago, JP5380 said:

Thank you. It also appears I only need to file one application (I-751) and pay one fee for both her and her 7 year old son? Am I interpreting this correctly?

If your step-son acquired conditional resident status on the same day as your wife OR within 90 days thereafter - then yes. In this case his name and A-number should be included in Part 5. of Form I-751. Will be one application for both, and one payment.

Not sure about bio fee for 7 year old though...  Mine was older so had to include both bio fees anyway.