How to Remove Conditions and File for Extension/Reentry/Travel Document at the Same Time?

[SpouseofCondResid 0]

My husband, a Spaniard but now a Conditional Resident/Green Card holder needs to file to Remove the Conditions on his Green Card come approx. this April within the 90 window. ***However, before we file the I-751, we would like to file for an extension to return to the US. The situation is such that I am pregnant and we do not want to risk me flying overseas for fear of inducing labor and/or complications (I am due around April-May and of course, this is the timeframe that we HAVE to return to the US so as to maintain the green card.)

The problem is that I when I was about to efile the I-331, I read that one cannot efile outside the US. So I figured we would just file it via snail mail ASAP as it may take up to 6 months for a response and put the return address of the US Embassy of Madrid (of course just about the time we would need to file the I-751 to remove the conditions.) Then, when I read carefully through the instructions-it mentioned that if a Conditional Resident files for an extension/reentry permit/travel document...

"the entension may be dated to the date the conditional resident must apply for the removal of the conditions on his status, whichever date comes first."

In otherwords, even if we were approved for the extension it would likedly be in vain and dated only to the date we would need to file to remove his conditions-and this would mean NO extension whatsoever and it would be pointless!! I called the US Embassy in Madrid to clarify this with them and basically, they told me that they couldn't help and I would need to contact the Embassy in Rome or in the US. A representative did however, mention that to their knowledge that we cannot file for an extension if we are outside of the US (according to the instructions of the !-351 the only thing it said we couldn't do was to EFILE the I-351 outside of the US.)

If ANYONE can please give me some answers, help or the like....please, please reply to this message. I/We are totally stuck as we really thought the way to solve everything was to simply file for an extension and then file to remove the conditions as planned go forward.

Any, All help is very much appreciated!!!

[TracyTN 237]

You don't 'file for an extension letter'. The extension letter is sent to you upon receipt of your I 751 - it extends your green card for 1 year past its validity date. You don't have to be approved for it - you just get it full stop.

[Brother Hesekiel 2,236]

I, too, am a bit confused. Maybe I had too much wine yesterday night.

To clarify, your hubby NEEDS to file the I-751 ANYTIME within the 90 day time frame (Jan-April) before his GC expires. In order to be able to correct possible mistakes, the earlier this is done, the better it is.

About 1 week after USCIS receives your hopefully carefully prepared package, you'll receive the NOA1 letter which automatically extends his GC for another year, in your husband's case 'til April 2011.

Now . . . hubby, and only hubby needs to be here in the US of A about a month after filing, because he has to show up for the biometrics appointment. There's no way around that, so time your flight to Spain and the application for ROC accordingly.

Usually there's no interview for couples filing the I-751 jointly; only in rare cases, either when there's a red flag or when you get drawn randomly, an interview is scheduled. Should you be among those unlucky ones, you and your husband both would have to attend.

[SpouseofCondResid 0]

Just Bob,

So does this mean that we cannot file for any type of an extension to delay our return back (in light of the pregnancy) to the US BEFORE we file the I-751? I am totally confused!! I thought the point of filing for an extension I-331 was to avoid from being away from the US for more than 1 yr.?

If we file for the extension after we remove the conditions...it won't be necessary because most likely I would have already had the baby.

I asked my husband tonight when is his green card dated to expire and the date is April 4, 2011??

Also, I read that if one already did a biometrics appointment it is unlikely they will have to do it again. As part of the process of getting the Conditional Green Card-my husband already did the Biometrics. We did a DCF through the US Embassy in Madrid. Does this make a difference?

Finally, do you think it is possible after filing the I-751. My husband could just fly over to the States for whatever interview is necessary and to avoid complications we wouldn't file jointly on the I-751 since I won't be able to travel more than likely???

The problem is my due date to have the baby is the latter part ot April, beginning part of May or mid-May.

I couldn't travel with him so late in the pregnancy and of course, I don't want him to miss the birth of the baby.

AGHHHH! I guess I am totally confused about this last part of the process. Its just the timing of the birth of the baby is the timing of our 2 yr. anniversary, and timing to remove the conditions, and now time for my husband to stay in the US for 1 mth. Okay, shoot me now!!!

PLEASE HELP or shed light into this brain of mine!!! Maybe, provide me with possible solutions or scenarios to accomplish all of this???

I, too, am a bit confused. Maybe I had too much wine yesterday night.

To clarify, your hubby NEEDS to file the I-751 ANYTIME within the 90 day time frame (Jan-April) before his GC expires. In order to be able to correct possible mistakes, the earlier this is done, the better it is.

About 1 week after USCIS receives your hopefully carefully prepared package, you'll receive the NOA1 letter which automatically extends his GC for another year, in your husband's case 'til April 2011.

Now . . . hubby, and only hubby needs to be here in the US of A about a month after filing, because he has to show up for the biometrics appointment. There's no way around that, so time your flight to Spain and the application for ROC accordingly.

Usually there's no interview for couples filing the I-751 jointly; only in rare cases, either when there's a red flag or when you get drawn randomly, an interview is scheduled. Should you be among those unlucky ones, you and your husband both would have to attend.

[SpouseofCondResid 0]

Tracy,

So that what is this whole I-331 form? We were thinking of doing the extension with the intention of returning to the US to maintain the green card, but to stay put to have the baby.

Okay..now I totally confused. Please see my reply to Just Bob.

You don't 'file for an extension letter'. The extension letter is sent to you upon receipt of your I 751 - it extends your green card for 1 year past its validity date. You don't have to be approved for it - you just get it full stop.

[Thai Rath 1]

SpouseofCondResid, I'm a little confused as to what you are asking, but you mentioned that your husband's 2-year GC expires on April 4, 2011. If that is the case, you would not need to file to remove conditions until 90 days before April 4, 2011.

USCIS does not care about your 2-year wedding anniversary; they care about the date that the conditional permanent resident card (i.e., 2-year GC) was issued.

[Thai Rath 1]

...

Edited October 22, 2009 by Thai Rath

[rika60607 215]

There are two issues here:

1. your hubby wants to be able to stay outside of the US for more than 1 year without losing GC.

2. he also needs to file for removal of conditions before April 4, 2011.

2 is a non issue, you've got plenty of time still

1 is an issue, he should get a letter from USCIS permitting this and indeed it will only be valid until April 4, 2011.

I am not sure if you can file for this letter from outside the US. I thought it had to be requested while your hubby is in the US.

When he files I-751 it better not be with a waiver - only divorced people and widowers can do that.

Edited October 22, 2009 by rika60607