Is it unsafe to file for I-751 12 days before green card expiration?

[sdchargers 0]

Hi All,

My wife's green card expires on Jan 13th 2013. Since we can file during the 90 day window prior to expiration, we can file as early as Oct 13th 2013.

However, we will be traveling to Europe from December 7th to January 1st and feel like it's risky to send the documents before we travel since we don't want to miss any biometrics appointments and want to be able to answer RFEs or anything that comes up.

Is it safe for us to prepare everything in advance and file the documents on January 2nd when we get back? The expiration is the 13th. Can anything go wrong because of the timing?

Based on average time to receive biometrics, is it risky to send the application right when we leave for vacation? What would you do?

Thanks a lot for your help!

[Hypnos 6,576]

I would not be leaving it that late.

I personally would file the day before your departure in December.

[Anh map 2,098]

It would be safer to have the petition filed and receive the 1 year status extension prior to your travels. That way if the return to the US is delayed you are not out of status or stressed.

Rescheduling appointments is easy.

[newlyweds2010 208]

why don't you file the very first day? That way you will have almost 2 months between when you file and when you leave. This should allow you plenty of time to receive the NOA and the biometrics appointment letter.

[Mama mia 9]

Actually, per the USCIS Calculator you cannot file before Oct 15, 2012.

Start assembling the package right now and mail it Oct 16 that way you have a month and a half for the biometrics. Even if you receive the bio letter with a date in mid-Dec, you can still go for an early bio.

This way you have enough time to complete the bio before you leave and will have the 1yr extension letter with you in case you decide to stay longer past the Gc expiration date, you will still be safe.

[Mama mia 9]

Here is a link to the USCIS date calculator:

http://www.uscis.gov/dateCalculator.html

[sdchargers 0]

Hi All,

Thanks a lot for your input! I'm still a little scared to send the application as early as possible because in the end, we'll be gone during 3 weeks total.

I've seen people receive a biometrics letter for appointments two weeks after that. So I'm afraid we could receive one of those when we're gone at get denied.

I know the chances are slim since there's only one biometric appointment normally, but my wife's fingerprints are extremely difficult to read so we received 2 biometrics appointments for AOS and had to send police records to prove that she didn't have any criminal record.

I expect the biometrics to go down the same way this time, that's why it's even more difficult to project for us.

Do you know if there are any mail services that will delay the delivery of our package if we ask? Ie: we drop it off on December 7th, the day we leave but ask them if they can deliver it around the 14th, so we have a month before the GC expiration but no risk of missing anything since we would be back 2 weeks after that?

Thanks!

[Anh map 2,098]

IMO, you are creating way too much stress and worry for yourselves. Apply when you can, reschedule things if you have to. Have a friend/relative check your mail if you are that concerned.

[tom&tanya 48]

Hi All,

Thanks a lot for your input! I'm still a little scared to send the application as early as possible because in the end, we'll be gone during 3 weeks total.

I've seen people receive a biometrics letter for appointments two weeks after that. So I'm afraid we could receive one of those when we're gone at get denied.

I know the chances are slim since there's only one biometric appointment normally, but my wife's fingerprints are extremely difficult to read so we received 2 biometrics appointments for AOS and had to send police records to prove that she didn't have any criminal record.

I expect the biometrics to go down the same way this time, that's why it's even more difficult to project for us.

Do you know if there are any mail services that will delay the delivery of our package if we ask? Ie: we drop it off on December 7th, the day we leave but ask them if they can deliver it around the 14th, so we have a month before the GC expiration but no risk of missing anything since we would be back 2 weeks after that?

Thanks!

I think if you send your application just before you leave you have MORE of a chance you will miss your biometrics appointment. It would also be better to travel with the I-797 stating your green card is extended 1 year.

[AbsentMindedKat 1]

Actually, per the USCIS Calculator you cannot file before Oct 15, 2012.

Start assembling the package right now and mail it Oct 16 that way you have a month and a half for the biometrics. Even if you receive the bio letter with a date in mid-Dec, you can still go for an early bio.

This way you have enough time to complete the bio before you leave and will have the 1yr extension letter with you in case you decide to stay longer past the Gc expiration date, you will still be safe.

I think if you send your application just before you leave you have MORE of a chance you will miss your biometrics appointment. It would also be better to travel with the I-797 stating your green card is extended 1 year.

I agree with Mama mia and tom&tanya. You're stressing about details that can be resolved easily. There is SO much time between your opening file window and your travel dates. With the choices you have, I personally would file as soon as possible if I were in your shoes. In all likelihood, you should receive your NOA1, your biometrics letter and even be able to either reschedule the bio appointment or do an early walk-in before leaving. This way, all your ducks are in order before you travel. Plus, you'll have that NOA1 for when you return just in case anyone asks any questions about returning so close to the expiry date (you never know). If you send it right before you leave, you'll be receiving your NOA1 and your biometrics letters while you're gone. Plus, if something is wrong with your application and they return it, you won't be home to know. Filing after you return from your travels puts you at the same disadvantage.

[Mama mia 9]

IMO, you are taking a bigger chance to mail it just before you leave as the package may be returned for whatever reason (e.g forgot to sign, forgot to enclose check, forgot to sign check, incorrect check amount, undeliverable) I know you may think this may not happen happen but try to tally how many people sent their petitions without signing them.

Here is the breakdown for the time frame:

Mail petition- Oct 16

NOA1- 7-10 days Oct 26

Bio- 4-6 weeks Nov 27

You will have the option of walk in bio due to your travel plans. So if you can complete the bio let's say Dec 3 and if they are not readable, it will take USCIS about 2-3 weeks to notify you and by this time, you should be back or will be back within a week or so and can re do it on the new date.

Also see if you can get the fingerprints done before you leave.

But whatever you decide do to, have a close friend or a relative check the mail for you.

[lovelyalex 99]

A lot of people go for early biometics appointments as well. I personally would file as soon as my window opened, and then breath a sigh of relief once I had that NOA1 in my hand. If you aren't travelling until December that's a huge amount of time and you'll likely get your appointment date before then. if not, call and ask about it. Don't panic!

Also I wouldn't want to send it last minute, and then fly out for 3 weeks, and find out that it never arrived/signed for when I tried to get back into the country. etc etc etc.

[Kathryn41 3,205]

Another option, if you have a trusted friend, is to leave the package with them, complete with Fed Ex or UPS or USPS delivery all taken care of - just needing it to be dropped off for delivery on a certain date - and have them mail it for you on that date. That way, it will be in early enough to get it in a reasonable time but not so early that you are likely to miss the biometrics. I did this for a friend when she mailed her package to USCIS so she would receive the biometrics appointment shortly after her return from visiting her parents overseas. She had everything ready to go - prepaid Fed Ex and all. I just had to drop it off at their office on the day she wanted me to. It worked out exactly as expected.

Edited September 28, 2012 by Kathryn41

[ceadsearc 516]

I would follow Kathryn's advice. This is what we plan to do if we end up deciding to travel during that time period. Reason being, getting the biometrics appointment can take months or days.

[sdchargers 0]

Hi All,

Thanks so much for your help on this.

I will have my grand parents mail the application for us so that it's not mailed too early and not too close to the deadline though.

Considering that we leave on December 7th, return on Jan 1st and that the green card expiration is Jan 13th, when do you think would be the best time to send it?

I feel like the week of Dec 3rd or 10 would be too soon since we may receive a biometrics appointment while we're still gone. It looks like the beginning of the week of Dec 17 would be best. It's nearly a month before expiration and not likely that we would be schedule for a biometric appointment on a date before Jan 1. What do you think?

Thanks again for your great help!