I-751

[totup]

I will be sending the I-751 for my wife in early February 2009 for removal of the conditional status on her AOS. However, she needs to go back to Beijing China before this date in early January 2009 to help care for her ailing mother. She will stay in Beijing until June 2009. Her conditional AOS expires May 5, 2009. In order for her to be able to be allowed back into the USA in June I have read that she will need the expired AOS along with an extension letter/receipt that USCIS will mail to us after they receive the I-751 application. This letter extends the AOS expiration date by one year. Does anyone know if this is correct? I will then have to mail the letter to her in Beijing after I receive it. This could be dangerous, but I'm assuming that I cannot send a copy. Does anyone know if there is a better way to do this? Thanks.

[amerchin]

You have to file the I-751 90 days prior to the 2 year GC expiring. Once they receive your application they will send the NOA letter that states that they have extended the expiration date by one year.

 

Remember that after they send this NOA the following one will be for the biometrics which shouldn't be delayed or your application might get delayed as well. My wife's biometrics appointment letter pretty much came a month after the NOA. The appointment itself is 1 1/2 months from the NOA, if you look at my timeline. Can they do the biometrics in China? I don't know!

 

As for the letter if someone at Candle that you have met and trust, and who's going back to Beijing sometime in between your dates, then they might help you bring it to her.

Edited November 18, 2008 by amerchin (see edit history)

[Sebastian]

I've heard of an extension letter, but, what I think is BETTER than that, actually, is...

 

Advanced Parole... (AP) ..

 

Get an infopass appointment, and get it done...

 

GOOD LUCK !

[LeeFisher3]

I've heard of an extension letter, but, what I think is BETTER than that, actually, is...

 

Advanced Parole... (AP) ..

 

Get an infopass appointment, and get it done...

 

GOOD LUCK !

AP is not needed unless she intends to be out of the US for a year, besides AP would require that her green card be extended to be able to re-enter the US.

 

The extension letter is just fine, but the biometrics appointment could be an issue.

[Randy W]

I think I read somewhere about getting it done at an overseas consulate

[LeeFisher3]

I think I read somewhere about getting it done at an overseas consulate

That's worth checking out, the last I saw they made it available to spouses of USC's in the military and Government workers. Not sure if it's available to the regular type of USC.

[amerchin]

How many locations do you think the biometrics machines are set up and are accepted by the US? There are several US consulates there but I don't know if they process biometrics. You won't know unless you try to contact USCIS and ask because I don't recall anyone here posting having to process biometrics in China.

 

The other thing I was thinking is that if it was allowed for her to do the biometrics in China, and China was to do it, then Beijing would probably not be the place they'll send her. The only location would be back to Guangzhou where all things originated!

[mari]

We did not received the NOA because they messed up our mailing address and as the apartment # was missing a number, it never got to us; neither the biometrics appointment. Calling their 800 number just delayed our case. It was not until we went to the Dept of Homeland Security and got an infopass that we knew what happened. At the time almost 2 months have passed since the date he was scheduled for biometrics. They stamped his passport extending his residency and work authorization for one year. I think you should contact the Beijing embassy to see if they could stamp her passport after they check her I-751 status. Important to get the biometrics done before leaving to Beijing as one member said. I think that once you send it and receive the NOA you can try showing up where they do the biometrics and explain your situation and see if they can do it that same day. I'm sure they will be able to help you, as they did with us. Good luck.

[dnoblett]

How many locations do you think the biometrics machines are set up and are accepted by the US? There are several US consulates there but I don't know if they process biometrics. You won't know unless you try to contact USCIS and ask because I don't recall anyone here posting having to process biometrics in China.

 

The other thing I was thinking is that if it was allowed for her to do the biometrics in China, and China was to do it, then Beijing would probably not be the place they'll send her. The only location would be back to Guangzhou where all things originated!

PER I-751 directions:

 

Exception Those who reside overseas pursuant to military or government orders, including conditional resident dependents residing overseas and listed under Part 5 of the form, must submit the following items with Form I-751:

 

1. Two passport-style photos for applicants and dependents, regardless of age.

 

2. Two completed fingerprint cards (Form FD-258) for applicants and dependents between the ages of 14 and 79. You must indicate your Alien Registration Number (A#) on the fingerprint card and ensure that the completed cards are not bent, folded, or creased. The fingerprint cards must be prepared by a U.S. Embassy or U.S. consulate, USCIS Office, or U.S. Military installation.

 

In order for USCIS to identify filings based on military or government orders, applicants are required to indicate on top of Form I-751, "ACTIVE MILITARY" or "GOVERNMENT ORDERS" and submit a copy of their current military or government orders.

http://www.uscis.gov/files/form/I-751instr.pdf

 

So unless the US citizen spouse and LPR are overseas per Military orders, they will need to do BIO-Metrics in the USA at the nearest field office or ASC here in the USA, that services residence.

 

https://egov.uscis.gov/crisgwi/go?action=offices