removing conditions from permanent greencard while abroad???

[hamlett22]

Hello

 

We moved to the U.S. in May 06 at which time my wife was awarded the a greencard with a two year conditional status because we had married in China for less than 2 years. My wife's greencard expires in May 08 at which time she is suppose to receive a greencard without conditions.

 

In Aug. 07, my company relocated me back to Shanghai. We maintain a permanent residence in the U.S.

 

Question: How or where can we look to file the proper papers asking for an extension of my wife's current greencard so it will not expire in May 08 but instead carry us into July 08 at which time we will be state-side again so she can attend her interview and have the conditions removed?

 

Do we file that paperwork from our permanent residence in the U.S. or our temporary address in Shanghai?

 

If an extension is granted, can we pick it up at the U.S. consulate in Shanghai thereby allowing my wife to re-enter the U.S.?

 

Any pointers we should be aware of to make removing the conditions of her permanent greencard easier given our circumstances of living in Shanghai while maintaining a permanent residence in the U.S.?

 

Any help in pointing us in the correct direction would be appreciated.

 

Chad

Edited October 4, 2007 by hamlett22 (see edit history)

[dnoblett]

File I-751 within 90 days before the Conditional card expiration. The receipt letter for the I-751 extends the conditional card by 1 year while they process the I-751.

 

Make sure you have an address where someone can receive the extension letter, and then mail it to you abroad, that letter needs to be shown to the boarder guard at the US POE to re-enter the country.

 

Also keep in mind trips abroad of a year or more need to file I-131 for a re-entry permit.

 

VJ has a good guide for the I-751 http://www.visajourney.com/forums/index.ph...p;page=751guide

[hamlett22]

thanks for the advice. i had no idea an extension letter would be sent out which is of course invaluable. We do have someone stateside at our residence to send it to us and we will be back several times throughout the year so we will nto overstay our 1 year limit.

 

Thanks again,

 

chad

[warpedbored]

Chances are she won't have an interview. Do make sure you file within the 90 days prior to the expiration date of the green card. Also time spent out of the US will not apply to the 3 year requirement for becoming a US citizen shoudl she decide to do so. our I 751 took 7 months to process.

[Jeikun]

As I said in another post though, since the August price increase the processing time has been slowed down considerably. They are saying the receipt with extension could take 90 days (which means her GC would expire before you receive it). So be prepared in case this happens to you. We are currently at 42 days since the USPS shows our I-751 was delivered with no receipt and was told they won't even look into it until it has been 90 days with no receipt.

 

Of course, hopefully by February when you send your I-751, the slowdown (which was due to a flood of petitions to beat the price increase) will no longer be an issue.

Edited October 6, 2007 by Jeikun (see edit history)

[hamlett22]

So what do we do if they do not get my SO a letter before her GC expires? We will be in Shanghai at that time. Can we get an extension here so we can go back into the country in July?