Travelling when conditional greencard expires

[G_Star 0]

My conditional 2 year greencard is due to expire in March 2013, however my husband and I have the opportunity to work overseas for about a year when I am due to file to remove the conditions.

Is there a way I can apply from overseas, or is there a way I can add an extension on to my existing conditional greencard? Or, am I able to apply from overseas and fly back for the fingerprinting/interview?

Any tips or advice is much appreciated!!!

[Harpa Timsah 13,258]

You can apply from abroad, but it is your responsibility to return to the US for fingerprints and possible interview.

From 8 CFR 216.4 Explanation of Removal of Conditions

(4) Physical presence at time of filing . A petition may be filed regardless of whether the alien is physically present in the United States. However, if the alien is outside the United States at the time of filing, he or she must return to the United States, with his or her spouse and dependent children, to comply with the interview requirements contained in the Act. Furthermore, if the documentation submitted in support of the petition includes affidavits of third parties having knowledge of the bona fides of the marital relationship, the petit ioner must arrange for the affiants to be present at the interview, at no expense to the government. Once the petition has been properly filed, the alien may travel outside the United States and return if in possession of documentation as set forth in § 211.1(b)(1) of this chapter, provided the alien and the petitioning spouse comply with the interview requirements described in § 216.4(b) . An alien who is not physically present in the United States during the filing period but subsequently applies for admission to the United States shall be processed in accordance with § 235.11 of this chapter.

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

Edited June 5, 2013 by Harpa Timsah

[Cheezees 1,514]

Did you mean March 2014?

If it is March 2013, your GC is already expired and you would need to write a letter substantiating why you are filing late.

Good luck

[G_Star 0]

yes sorry i meant 2014!