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Greencard removal of conditions timing


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My wife's 2 years GC is expiring in march and she wants to go to china for chinese new year but is wondering how long before it expires can she renew it so that we dont have to risk it expiring while she is out of the coutry. Any ideas on this ?

 

You have a 90 day window BEFORE the card expires during which you MUST apply to remove conditions.

 

Your timeline says the green card was approved in May, but it was post-dated back to March, 2010?

 

If the May date is correct, it might be easiest to just wait until she is back or shortly before

 

If the March date is correct, you may wish to apply as EARLY as you can in Dec. (i.e., 90 days before the March expiration), so you can get the I-797C receipt notice before she leaves. This notice will extend the green card validity for a year. You can also schedule an InfoPass appointment to get an I-551 stamp in her passport to show the 1 year extension - this may simplify her return if she delays her return past the expiration date.

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Can file I-751 withhin 90 days prior.

 

When I-751 is filed USCIS sets a BIO appointment for 30 to 60 days after filing, so I would file as close to begining of 90 day window and hope BIO appt happens before trip. Or file 2 weeks before trip, receiving extension letter before trip and hopefully bio happens after trip.

 

I-751 receipt letter will show green card validity has been extended for 1 year. However there have been a couple reports of problems when traveling with the letter and expired card, when leaving China the airline official sometimes does not understand the letter. It is recommend to visit USCIS office INFOPASS and request an I-551 notation in passport, you need to have I-751 letter to request the stamp.

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Biometrics can easily be re-scheduled at the ASC (Application Support Center).

 

 

I would recommend two things. First, if you file prior to departure - they have been pretty fast at getting the biometrics appointment letters out. That has been happening - on average - about 2 weeks. On the biometrics form it has a block to request a different date for the appointment. You can hold this until just before the scheduled biometrics date to send in - or shortly after (in the event you forget about the appointment like we did...my fault). They will just automatically send you another appointment letter....as soon as they receive your request. There is a penalty...the new appointment is about 4-6 weeks hence. Altogether getting your wife well past the dates she needs to travel, the objective.

 

As mentioned, most people will NOT TRAVEL to China on an expired Green Card with a 1 year letter extension. The problem is China letting her out of the country with an expired GC. They just don't get the meaning of the letter. Most, tend to travel other places without issue, and of course reentry to the US is a non-problem.

 

Best of Luck

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hi guys,

 

 

i'm sorry but i like to ask a question on 10 yr green card. my wife took her bio this april, so how long is the inteview? my wife wants to visit her parents in china but i caution her not go due to the 1 yr extension letter problem that some are experiencing. thanks.

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hi guys,

 

 

i'm sorry but i like to ask a question on 10 yr green card. my wife took her bio this april, so how long is the inteview? my wife wants to visit her parents in china but i caution her not go due to the 1 yr extension letter problem that some are experiencing. thanks.

Typically 10 year card arrives 4-6 months after filing I-751, and it is very rare for USCIS to interview for removal of conditions, only if they suspect there is truly an immigrations fraud case, as in couple NOT living together as a married couple.

 

In your case you should have attached a copy of your child's birth cert, that tends to be a trump card showing a bonafide relationship.

 

If worried, I would simply schedule an info pass appointment bring I-751 receipt letter, and request an I-551 stamp in passport explaining concerns with leaving China on a potential trip.

Edited by dnoblett (see edit history)
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i did included the trumph card along with the I-751. :lol:

 

the waiting game is preventing us to visit china. oh well, it can be worse. :rolleyes:

 

 

thanks.

I would suspect it to be in the mail any day now, at least within a month or so.

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  • 3 weeks later...

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