can I send my wife's I-751 if she is not physically in the US

[khlilo 0]

can I send my wife's I-751 if she is not physically in the US

my wife GC expired on 09/10/2010

she is out side US sence 06/10/10 (she had to go and visit her mother)

she is planing to be back 08/02/10

so please tell me what the best thing I could do

1- I could just send her packeg of I-751 while she is not physically in the USA?

or

2-I just wait till she is physically here in US and we send the I-751. (we going to have still like 28 days befor her GC expiered?

please give an advice

thank you all

[payxibka 10,045]

can I send my wife's I-751 if she is not physically in the US

my wife GC expired on 09/10/2010

she is out side US sence 06/10/10 (she had to go and visit her mother)

she is planing to be back 08/02/10

so please tell me what the best thing I could do

1- I could just send her packeg of I-751 while she is not physically in the USA?

or

2-I just wait till she is physically here in US and we send the I-751. (we going to have still like 28 days befor her GC expiered?

please give an advice

thank you all

she needs to be here for the biometrics appointment.... if you send it in too early she may not be here when it is scheduled.... you have a 90 day window up to the day the GC expires to submit the application....

Edited June 11, 2010 by payxibka

[khlilo 0]

she needs to be here for the biometrics appointment.... if you send it in too early she may not be here when it is scheduled.... you have a 90 day window up to the day the GC expires to submit the application....

do you think we have enogh time ? 28 days is enogh?

[payxibka 10,045]

do you think we have enogh time ? 28 days is enogh?

you can send it with two days remaining..and as long as it arrives on or before the expiration date you are golden.. the NOA1 you get from the submission will extend the GC by one year...

[v333k 59]

can I send my wife's I-751 if she is not physically in the US

my wife GC expired on 09/10/2010

she is out side US sence 06/10/10 (she had to go and visit her mother)

she is planing to be back 08/02/10

so please tell me what the best thing I could do

1- I could just send her packeg of I-751 while she is not physically in the USA?

or

2-I just wait till she is physically here in US and we send the I-751. (we going to have still like 28 days befor her GC expiered?

please give an advice

thank you all

Hi,

THe language is a little off - so is your wife leaving today? or did she already leave, today?

As long as USCIS receives the application within the 90 days, it should be fine.

Your wife needs to sign the application so I would really recommend you get this first resolved. The other problem is that she needs to appear for biometrics and if she doesn't, then they will consider her abandoning her application. One thing you can do is to send it 2 weeks before she returns to the US that way when she returns, the process is already taking place.... but it is highly recommended that you mail it when she is here (returns from the trip).

28 days are more than enough assuming you send the right documents, include all required forms, check and mail it to the correct address... many members mailed their form within days of expiration and still got through without problems....

[Kathryn41 3,205]

Just to answer a question I think was not specifically asked but inferred - 28 days is enough time left to file, but yes, her green card will expire before she receives her new green card. Even if she had mailed off the I-751 at the earliest possible date it is almost impossible that she would have received her 10 year card before the 2 year card expired. USCIS just doesn't work that fast - although they say that is their goal (they haven't made it yet!).

So, as mentioned above, when she sends in the I-751 she will receive back a receipt (NOA). On that NOA there will be a sentence that states that thedocument also extends the validity of her current green card for one year and is good for travel and work purposes. USCIS expects that she will get her 10 year card sometime during that year. She should make a photocopy of the letter and carry the copy of the letter with her expired green card as proof that she is here legally.

It would definitely be best to wait until she returns before she files, first because she does need to sign the application form, and second, because she does need to attend the biometrics appointment which is generally held about a month after the receipt is received.

[khlilo 0]

my wife she is not at USA now

and I could send her the form I-751 to sign it and send it back to me

I just worry too much may be. but I do think 28 days is enough time to send the form

thank you

[payxibka 10,045]

Even if she had mailed off the I-751 at the earliest possible date it is almost impossible that she would have received her 10 year card before the 2 year card expired. USCIS just doesn't work that fast - although they say that is their goal (they haven't made it yet!).

My wife did... Sh mailed three weeks after the window opened and it was approved 2 weeks before the conditional card expired. So they can do it is they put there mind to it