Active Military residing overseas with dependent staying in US

[Jilliane 7]

I have few questions before filing form I-751, I hope some of you can help me out. My husband who is an active US Military is stationed overseas while me his wife/dependent is staying here in US. My questions are:

 

1. Do we need to complete two fingerprint cards (Form FD-258) for each petitioner and dependent since he is the only one overseas while I am here in US or its not necessary for us to file this?

 

2. Or will it just be him who will need to do the fingerprint card (Form FD-258) since he is the only one residing overseas?

 

3. What will happen if we will not submit this completed fingerprint cards?

 

4. Do we need to put on top of Form I-751, "ACTIVE MILITARY" if incase we dont submit this fingerprint cards and just file it as regular I-751.

 

I have tried calling both USCIS and the Military Help Line but they can't get answer my questions and can only provide me with general answers. Hope someone can help me. Thank you!

[Jilliane 7]

I have few questions before filing Form I-751 (Petition to Remove the Conditions of Residence), I hope some of you can help me out. My husband who is an active US Military is stationed overseas while me his wife/dependent is staying here in US. My questions are:

 

1. Do we need to complete two fingerprint cards (Form FD-258) for each petitioner and dependent since he is the only one overseas while I am here in US or its not necessary for us to file this?

 

2. Or will it just be him who will need to do the fingerprint card (Form FD-258) since he is the only one residing overseas?

 

3. What will happen if we will not submit this completed fingerprint cards?

 

4. Do we need to put on top of Form I-751, "ACTIVE MILITARY" if incase we dont submit this fingerprint cards and just file it as regular I-751.

 

 Thank you!

[milimelo 4,479]

Who is LPR you or your husband? 

[Jilliane 7]

Hi Milimelo! What do you mean by LPR?

Edited February 28, 2017 by Jilliane

[milimelo 4,479]

Legal Permanent Resident aka green card holder. 

[Jilliane 7]

Thank you Milimelo. I am the one who is the green card holder that is staying here in the US. My husband is a US Citizen who is an active military is currently stationed overseas in Guam with military orders. Thank you

[milimelo 4,479]

You're filing regular ROC and do not need fingerprint cards. You'll get a biometrics notice and do that. 

For deployed husband, in addition to all the regular documents required, add his orders as well. 

[Jilliane 7]

So my husband will not be asked for a biometrics? I was thinking that both of us the petitioner and dependent will be asked for a biometrics. I also have some questions for filing Petition to Remove the Conditions on Residence (I-751).

 

1. I supposed that I will have to write on top of the Form I-751 "Active Military" and attched his orders. If I do this will USCIS  ask the requirements for those who reside overseas pursuant to military order (like the fingerprints , two passport-style photos, etc) from us?

 

2. How will they know that it's only my husband  is stationed overseas and me his wife (green card holder) is staying here in US?

 

Thank you so much Milimelo. Im glad you are there to help. Sorry if I have so many questions, I have tried calling the USCIS and even the military help line but they can't give me clear answers.

[milimelo 4,479]

They'll know based on your application. 

Husband only signs the form, you also include a cover letter detailing the evidence you're sending in. Husband's orders should be a part of it. 

And husband certainly does not do fingerprints or biometrics. 

Check out the guides on the top of the page- there's one for ROC too. 

[Jilliane 7]

Oh thank you so much! Im kinda worried about those things since my husband is not here. One more thing,

1. Do my husband needs to sign the cover letter? Or does the cover letter needs to be signed at the end of the letter?

 

2. Do we really need to make a cover letter? I didn't see anything in the instructions for Form I-751 that cover letter is needed, or I might just have overlooked it? 

 

It's only here in VJ where I have read that those who file for the Petition to Remove the Conditions on Residence made their cover letters in filing I-751. Please enlighten me with this too. Thank you!

[milimelo 4,479]

No, your husband doesn't need to sign the cover letter. Just I-751. 

 

I used a cover letter for my own ROC and was approved fast (3 months or so in 2009). 

 

I definitely recommend following ROC guide and doing a cover letter. Check out what other ROC filers are putting in their cover letters and tailor it to your evidence. 

[Jilliane 7]

Hi! Thank you so much Milimelo for answering me with my questions. Im just worried we will not be able to file I-751 correctly. Glad you're there! Hope others will share their thoughts too. Thanks!