Is physical presence required to file I-751

[xiangxiangzhu 0]

I have found this forum is very useful. I need helps from you here. and thank you in advance.

Here is my background:

I will file my removal of conditional status through marriage in December 2010. My two year mark is March 2011. But I have to stay in China to accompany my husband from October 2010 to April 2011. We still have our house in Ohio. and we can fly back for the finger print and the interview.

Here is my question:

Is it required that I have to be physically in the United States when I submit the application? Is it OK that I mail the application from China and fly back for the finger print and interview. My relative here can help me check the mail.

Thank you very much.

[brenda&Adrian 0]

I think you should call USCIS and ask or go to your local office.

[sasaqlain 24]

You can File and still travel. I don't see a reason why that is not possible. You are maintaining your Contineous residence in the US. Mostly its not advisable since you may miss an interview date or Biometrics if nearer dates are issued. Since you mentioned you will be able to make it for the Interview(If there is one) and the Finger printing, you should be OK. Better check with USCIS to double check. Unless your stay is beyond 6 months continually, there shouldn't be an issue.

(I May Be Wrong, And Answered To Your Question To The Best Of My Ability And Knowledge)

[xiangxiangzhu 0]

You can File and still travel. I don't see a reason why that is not possible. You are maintaining your Contineous residence in the US. Mostly its not advisable since you may miss an interview date or Biometrics if nearer dates are issued. Since you mentioned you will be able to make it for the Interview(If there is one) and the Finger printing, you should be OK. Better check with USCIS to double check. Unless your stay is beyond 6 months continually, there shouldn't be an issue.

(I May Be Wrong, And Answered To Your Question To The Best Of My Ability And Knowledge)

thank you for your reply: I also find some rules useful for requirement of filing I-751 pertaining physical presence at time of filing:

Title 8 of code of Federal regulations Sec. 216.4

link here:

http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&CH=8cfr

[Darnell 8,479]

that's 7 months for you, out of the country.

I'd schedule something else, during that time frame, to make sure that 'presence' will not be an issue.

Also is some issue for being out of the country > 6 months, as well.

IMO, if you 'squish in' 2 weeks of christmas break IN the USA, should resolve any 'presence' or 'duration' issues, given your current calendar.

Edited July 10, 2010 by Darnell