I-751 Timing Issues

[wsrossow 0]

Hello everyone. First off I want to say I love this site and I love all you helpers! Really helpful as always. Haven't been here in two years..and of course, I'm back scrolling through here again (hence the topic..).

So anyways, here is the situation and I'd like to hear some thoughts on experience. My wife's temporary residence expires January 29, 2011. We are now eligible to apply for I-751. Here's the good part..she is in Indonesia having our baby and had to leave in October before we were able to file! The baby is due in December. My plan is to mail everything either the end of this month or early December before I leave to join her on December 9.

So what I am wondering is when is the likely date for the biometrics? I read from experience it's about 1 month later but the statuses do not say how soon the notice is received. So if I send everything end of Nov. will the biometrics date be sent before i leave Dec. 9? I'm guessing maybe not. I arrive back in the United States alone between Dec. 28 or Jan. 3 based on flight availability. The baby of course will not be able to fly right away and has to stay with grandparents and nanny's but my wife will obviously have to come back in January to do her biometrics. She believes it will be okay to come back near end of January before January 29 deadline. What are your thoughts? What if we miss the scheduled biometrics date and do it on our own upon walk-in before January 29? Does it matter that biometrics is completed only shortly before the Jan. 29 deadline? Any advise or inquiries will be gladly welcomed! Please also feel free to ask any additional questions regarding my case and I will be happy to clarify.

Thanks!

Scott

[SerenityNOW 11]

Hi! Congratulations on the new baby!

We received our notice 24 days after we sent our package (California Service Center). Our biometrics date is nearly a month after that, so a little shy of 7 weeks after we filed, which seems to be about average, from when I was checking previous filers dates before we filed.

The biometrics doesn't have to be completed before her card expires. My husband's card expired Oct 20 and our biometrics appointment is Nov 22. Basically your options, no matter when you decide to file, are: 1) she could walk in early (in some places, don't know about all) or 2) she could request a later date, but 3) if she does neither of these, she canNOT miss the appointment they give her and show up later - the petition is considered abandoned.

Did she sign the papers before she left? The I-751 form and I would guess she would sign the cover letter as well, but maybe the signature on the letter is not necessary.

Personally I would file *after* you return so you don't have to stress about any of this. You have a whole month after you return. We filed late in the 90-day window - because of some traveling - and it isn't any problem. I would say file at least a couple of weeks before your deadline, just in case something is wrong with the application or the check and they return it to you - then you have the chance to re-submit and you would still be before the deadline. Plus you could include baby pictures in your application! Yay, baby pictures

If you file on, say Jan 15, your biometrics would probably be around the end of February/beginning of March. If you can mail your wife the NOA1 letter extending her green card, supposedly that's all she needs to reenter the U.S. if she wanted to stay longer with her new baby. Just a thought.

[wsrossow 0]

Hi thanks for the information! Your thoughts are really helpful! Based on the timing you mentioned, I think I will drop off the packet in the mail before I leave. I'll include a request for certain dates in the cover letter. Don't know if that will work but we will also have someone trustworthy checking our mail. It's good that at least the biometrics doesn't have to be scheduled before the green card expires. My wife was planning to come in the middle of January or so to do the biometrics and if we time it right, hopefully she can get it done than go back to Indonesia within a week. Do you think they'll honor an initial request on biometrics? Otherwise, once they schedule it for her, we will try to go early but if we can't for some reason, what's the best way to request an adjustment? Through the unhelpful infopass or another letter?

In best case scenario, let me know if you think this is possible, I will file Dec. 5 or so, then should receive the NOA around the time I get back. She did sign the form already. Then, I am assuming we need this NOA to even attempt doing a biometrics. We will at least know the date but my wife will come and try to do it early, and then go back to Indo with her NOA in tote for return. It would certainly be nice to have the baby pictures, but I think this is our best bet.

Thank you much for the well wishes, I'm really grateful you responded!!