ROC Processing times

[Billua 4]

Hello, has anyone tried to file the I 751 more than 90 days before the expiration of the restricted green card?

 

I am worried that my wife may not be able to leave the country for a period of 6-9 months considering current USCIS processing times.

 

She has 10 months left on here initial green card.

[Mollie09 1,543]

3 minutes ago, Billua said:

Hello, has anyone tried to file the I 751 more than 90 days before the expiration of the restricted green card?

 

I am worried that my wife may not be able to leave the country for a period of 6-9 months considering current USCIS processing times.

 

She has 10 months left on here initial green card.

 

You cannot file before 90 days, your application will be returned.

When she files she will receive a letter that will serve as an extension for one year and can use that to travel.

Applications are taking 12-14 months beginning to end.

[Michelle13 39]

It's my understanding that they will send it back - even if you are a day early.  

 

I wouldn't recommend filing outside of the 90 day window. 

 

**Edit: I traveled outside the country with the letter and experienced no issues.  You should be able to travel with no problem.

Edited December 19, 2017 by Michelle13

[gregcrs2 1,778]

No, you cannot file prior to the 90 days before expiration of the conditional green card.  When you send in the I-751, you will then receive a letter extending the green card for one year.  Your spouse can take that original letter along with the green card and passport to travel.

Edited December 19, 2017 by gregcrs2

[Illiria 980]

1 hour ago, Billua said:

Hello, has anyone tried to file the I 751 more than 90 days before the expiration of the restricted green card?

 

I am worried that my wife may not be able to leave the country for a period of 6-9 months considering current USCIS processing times.

 

She has 10 months left on here initial green card.

People have and it has been rejected as the instructions state to file it within the 90 days prior to the card expiring. 

[mindthegap 2,590]

You can file early (or later) if you are filing with a divorce waiver.

Otherwise, no, it has to be in the 90 day period.

 

 

[Billua 4]

Thanks for the information! You guys are awesome!

[Dashinka 24,505]

As others have said, except for some exceptions, don’t file until the 90 day window opens.  Also to add to the other responses, my wife has traveled several times with her extension letter with no issues.

 

Good Luck and welcome to the I751 queue.

[Billua 4]

Thank you!  Does USCIS send this extension letter automatically when they receive our I 751 filing or, do they time with with the expiration of the green card?

 

Thanks again!

Edited December 20, 2017 by Billua

[WeGuyGal 1,052]

3 minutes ago, Billua said:

Thank you!  Does USCIS send this extension letter automatically when they receive our I 751 filing or, do they time with with the expiration of the green card?

 

Thanks again!

Automatically.. 2-4 weeks after they receive the i751 package. 

[GG&RG 23]

Once you file, you will get a one year extension letter. We have had no trouble traveling. Just be aware, you are going to need to be patient.  It is likely to take the entire year before you can get the Removal of Conditions, (ROC). In our case we felt the need to go for an info pass stamp in her Passport,...There was three weeks before our one year letter was set expire. We got a info pass appointment got the stamp in her passport, and one week later we received the Approval Letter of ROC in the mail. 

 

We required to send more proof for our bonfied marriage too. I think it was just to stall working on our case, never the less, be aware that it can take the entire extension letter before you get the approval. We didn't have to go to a interview.

 

Just be patient and keep track of the time, if needed be ready to go get your info pass stamp.

 

God Bless, and help to expedite your process.