I-751 question

[Littleturtle]

Hey guys, I have not been on this site FOREVER. I am a little behind the loop...anyway. we are getting ready to file for the petition to remove conditional status. little confused....

 

the thing is the 2 year green card expires in June and we need to travel to China in July, doubt the new card will arrive before that. Can we file now before the 90 days window or do we need to wait until we are in the 90 days window? also, i read somewhere that as soon as they receive the completed application package, they will send a notice of action NOA, which will say that the conditional status will be extended one year. am I correct? So I guess this NOA will be considered an evidence of legal staus then? Can we travel with this paper along with the expired green card or do we need to make an infor pass to the local USCIS office to get a I-551 stamp on the passport? Any comments would be helpful.

[tonado]

You apply 90 days before the expiration. A month or 2 later, you should get a notice that the green card is extended for one year. If you go China, you carry this notice with you. The only issue if you get an interview date while you are in China. In most cases, people get the 10 years green card without any interview.

[dnoblett]

You need to wait and file within the 90 day window, if you file too soon USCIS will just return the petition to you.

 

File early in the 90 day window, you should receive NOA1 letter for the I-751 in time for your trip, The NOA1 letter extends LPR status for a year beyond the card's expiration, the letter and expired card are all you need to re-enter the USA.

[Chinese Wife!!!]

The only issue if you get an interview date while you are in China. In most cases, people get the 10 years green card without any interview.

Second time around for me, now the step-daughters' I-751 is in progress. Got TWO NOA notices today with two DIFFERENT case numbers (Wac-08-XXX-00296 and WAC 08-XXX-00306)! Looked at my canceled check and found her WAC # handwritten on the front of the check- will call USCIS tomorrow and tell them maybe the other one (#-00296) belongs to someone else that is looking for it.

 

There doesn't seem to be any interview process (at least in Vegas) but there is the ACS Appointment that consists of biometrics and thereby resulting in a new picture on the 10 year green card.

 

My wife's ACS notice (dated 6/18/2007) has a statement concerning rescheduling: "... Make a copy of this notice for your records, then mail the original with your request (for rescheduling) to... " our local USCIS facility.

Edited January 18, 2008 by Chinese Wife!!! (see edit history)

[MikeXiao]

Send the I-751 as early in the 90 day window as possible. They will send the NOA and also a letter for the bio-metrics appointment. We sent ours in June and had the NOA and the bio-metrics done by the end of July.

Edited January 18, 2008 by MikeXiao (see edit history)

[Littleturtle]

Send the I-751 as early in the 90 day window as possible. They will send the NOA and also a letter for the bio-metrics appointment. We sent ours in June and had the NOA and the bio-metrics done by the end of July.

 

 

 

Hey Mike,

 

thanks for the infor, it is really helpful. Did you guys send your petition to the Vermont center? I call USCIS and they told me the the wait now is 10 months.

[Chinese Wife!!!]

The only issue if you get an interview date while you are in China. In most cases, people get the 10 years green card without any interview.

it.

 

There doesn't seem to be any interview process (at least in Vegas) but there is the ACS Appointment that consists of biometrics and thereby resulting in a new picture on the 10 year green card.

 

Went up the food chain at the USCIS 1-800 help you NOT line today concerning duplicate notices for the daughter's I-751. The "Officer Supervisor" stated that interviews are still sometimes being done at the descretion of the local offices or to "resolve relationship issues beyond those found at the service centers that a more personal approach may be needed".

 

Ditto on MikeXiao's experience. Wife's I-751 was refiled about May 20, 2007, NOA date 6/5/2007, ACS letter date of 6/18/2007, biometrics done 7/17, 10 year GC mailed 8/03/2007. Her case was through the USCIS CA Service Center and locally the Las Vegas office for biometrics.

 

In a related discussion the above USCIS Officer Supervisior claimed it took "about a year".