Filing I-751 for my wife

[Jian Liu 0]

Hi all,

I don't know whether people have encountered the same issues before. My wife is in China now just delivered our first child, and it will be hard for her to travel back to the States 90 days before her GC expires to apply I-751, especially with the newborn.

So, is it possible for me to file I-751 in the States while she's in China? I can have her sign the form in China.

Thank you so much!

Edited August 14, 2010 by Jian Liu

[Abhay 15]

If you have all the evidence and copies of her green card and passport. Also, you might be able to fax/scan forms since she needs to sign them. You might be able to file for her but she will have a biometrics appointment 1-2 months after you file and she will have to be here for it.

[v333k 59]

Just keep in mind that you have 90 days to file. If you think your wife will be able to come before the GC expires, then I suggest you wait until she returns to the US and then file. As long as USCIS receives the application within the 90 days, you should be fine.

Keep in mind that she will have to go for a biometrics and if she is not back in the US by the appointment date, then you will have to reschedule and things could get messy if this happens.

Do you have an idea when she would be able to return to the US? This could be the answer to your dilemma!

[Jian Liu 0]

Thank you for the replies! My wife is able to come before the GC expires in February, but the baby won't be able to come with her. First of all, the baby needs to be registered at an embassy in China before he can come to the States. Also, he is too young to travel, and the change of vaccine schedule and medical insurance could get messy too. I am thinking to let the baby stay in China until he's at least one year old before bring him back to the States.

All been said, it will be difficult if my wife files I-751 with me and wait for the biometric appointment in the States, while leaving the baby behind in China. I was thinking that if I can file I-751 for her as early as possible, then my wife can just fly in for the biometric appointment without leaving the baby for too long. I just want to make sure that this is legally allowed, so it won't jeopardize the entire application.

Thank you again!

[Darnell 8,479]

The 'Consulate Record of Birth Abroad' from a US Embassy/Consulate - is very straightforward process - usually the request for USA Passport is done at same time (saves hassle with multiple trips to US Embassy/Consulate, as well).

the painful thing to acquire, though - is the

'EXIT VISA' stamp from Chinese Authorities - for some districts in China, this is easy thing - for other districts in China, this is painful process, must pay bribes to the proper offices.

re: too young to travel, nope - sorry, new borns travel all the time - I'll suggest you've been given bad info on that one.

---

other tidbits -

- any forms that need her signature, must be original signature, suggest BLUE INK, in case any question for 'copy or scanned' documents.

- pay attention to the 'out of country for 6 months' windows, as she might lose any status for residency in USA, might reset some clock.

- USCIS pulls her 'departure records' after the I-751 is submitted, so be cognizant about this 'record search', aye?

- for 'submitted evidence' - focus much on 'co-mingled financials'

Good Luck !

Edited August 15, 2010 by Darnell

[RealPi 0]

Thank you for the replies! My wife is able to come before the GC expires in February, but the baby won't be able to come with her. First of all, the baby needs to be registered at an embassy in China before he can come to the States. Also, he is too young to travel, and the change of vaccine schedule and medical insurance could get messy too. I am thinking to let the baby stay in China until he's at least one year old before bring him back to the States.

All been said, it will be difficult if my wife files I-751 with me and wait for the biometric appointment in the States, while leaving the baby behind in China. I was thinking that if I can file I-751 for her as early as possible, then my wife can just fly in for the biometric appointment without leaving the baby for too long. I just want to make sure that this is legally allowed, so it won't jeopardize the entire application.

Thank you again!

In theory, even if you file after the 90 day period, so long as there are valid reasons that made the delay understandable the I-751 instructions claim you are OK. Of course, in practice this could lead to serious problems and I would never suggest you do something like this. Apart from what has already been mentioned, it might not be a bad idea for you to make an INFOPASS appointment as well to discuss this matter with an immigration officer and see if she or he also have some other suggestions and/or recommendations for your situation, particularly as the factor of 'timing' is involved here (wife - baby). Hope it all works out great!

[Jian Liu 0]

Thank you very much for all the valuable inputs! I will schedule an appointment with an INFOPASS immigration officer soon, while preparing all the i-751 filing forms and materials at the same time.

Another thing that concerns me is that my wife has went back to China since this January because of the pregnancy, so she'll have to come back to the States at least once before the one year anniversary. Also, I read elsewhere that you only need a re-entry permit when you are out of the country for more than one year, so hopefully I hope the "six months window" won't be that strict for her because of the pregnancy. Worst case scenario, my wife will fly back to the States to file i-751 with me and then fly back to China to wait for the biometrics.

Will keep you guys updated!

Thank you again!

[Darnell 8,479]

Ouch. it's more than 6 months now. Suggest you ask around a bit, about 'being out of country' this long.

Or review some topics here, with the search tool.