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Filed: K-1 Visa Country: Argentina
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Posted

My wife and I travelled together to her home country over the holidays, I returned to go back to work and she is staying additional time to hang out with the family and enjoy the weather. Before I left we filled out and signed the I-751 with the intention of me filing it as early as possible during the 90 day window (the window actually opened while we were both overseas). I can't find any prohibition in the instructions or anywhere else that says you can't mail the completed form from overseas, or when you get back, but I'm wondering if it will look "weird" once she returns in Feb to see that she has already filed, and the date filed will be one where she was out of the U.S. Card expires 30 March, we are coming back in together at the end of Feb (I'm going down and flying back with her).

Any issue with me filing the completed petition now to get the ball rolling? Or should we wait until we are both back here in the U.S. and then file in late Feb/early March?

Posted (edited)

There's no issue with filing I-751 while either or both of you are out of the country. She'll need to be back in time for the biometrics.

Edited by hmh33

Spouse-based AOS from out-of-status H-1B, May - Aug 2012

Removal of conditions, Aug - Nov 2014

 
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