i751 Abroad during GC expiration

[dalox303 2]

Brief Background informations:

My wife traveled back to her native country in October 2022 (she has a green card with conditions), to visit family, to back up personal items to ship back to the States etc, she intended to be back before the 6 month rule period, and before her GC expires which is on April 2023.  However, while in her native country she went for a medical exam, and there is a possibility she needs to get surgery.  We are still waiting for test results and doctors opinions.  I asked about a 6-month rule extension in another forum, and am here to ask specifically about GC expiration and the i751.

 

Worst Case- IF the operation keeps her aboard passed her GC expiration date, can we send in her i751 now (is it too late for an extension?), and she do her biometrics aboard? or can we reschedule the biometrics appointment until after she returns, due to medical reasons?

 

 

Thank you

-Dan

[Rearviewmirror 397]

1 minute ago, dalox303 said:

Brief Background informations:

My wife traveled back to her native country in October 2022 (she has a green card with conditions), to visit family, to back up personal items to ship back to the States etc, she intended to be back before the 6 month rule period, and before her GC expires which is on April 2023.  However, while in her native country she went for a medical exam, and there is a possibility she needs to get surgery.  We are still waiting for test results and doctors opinions.  I asked about a 6-month rule extension in another forum, and am here to ask specifically about GC expiration and the i751.

 

Worst Case- IF the operation keeps her aboard passed her GC expiration date, can we send in her i751 now (is it too late for an extension?), and she do her biometrics aboard? or can we reschedule the biometrics appointment until after she returns, due to medical reasons?

 

 

Thank you

-Dan

Depending on the date her conditional GC expires, she might not be inside of the 90 day filing window yet. Whatever you do do not file before the window opens or it will be rejected. 
 

For quite a lot of applicants their biometrics from their original GC get reused so it is possible she won’t have to attend an appointment. 

[Crazy Cat 41,810]

10 minutes ago, dalox303 said:

Brief Background informations:

My wife traveled back to her native country in October 2022 (she has a green card with conditions), to visit family, to back up personal items to ship back to the States etc, she intended to be back before the 6 month rule period, and before her GC expires which is on April 2023.  However, while in her native country she went for a medical exam, and there is a possibility she needs to get surgery.  We are still waiting for test results and doctors opinions.  I asked about a 6-month rule extension in another forum, and am here to ask specifically about GC expiration and the i751.

 

Worst Case- IF the operation keeps her aboard passed her GC expiration date, can we send in her i751 now (is it too late for an extension?), and she do her biometrics aboard? or can we reschedule the biometrics appointment until after she returns, due to medical reasons?

 

 

Thank you

-Dan

She needs to file I-751 no earlier than 90 days before the Green Card expires. She needs to file I-751 before the Green Card expires. She cannot do biometrics outside the US. Without a proper extension letter (which she will automatically receive after filing the I-751), she will not be allowed to board a flight to return home using an expired 2-year green card. She will need the original extension letter as well.

 

Edited January 17, 2023 by Crazy Cat

[Dashinka 24,480]

As @Rearviewmirror stated, do not file prior to the 90 day window opening, so look at the specific date and reference the link to determine the earliest filing date.  She cannot do biometrics abroad to my knowledge, so if she gets requested to complete that, she may need to come back or try and reschedule with your local office.  Also, if she is still abroad when filing, and her CGC expires, you will need to find a way to get the original extension letter to her as she needs the original to re-enter the US with her expired CGC.  I also suggest making a few copies of the extension letter as sometimes airlines request to keep a copy.

 

Good Luck!

 

https://www.uscis.gov/forms/when-to-file-form-i-751

[dalox303 2]

17 minutes ago, Crazy Cat said:

She needs to file I-751 no earlier than 90 days before the Green Card expires. She needs to file I-751 before the Green Card expires. She cannot do biometrics outside the US. Without a proper extension letter (which she will automatically receive after filing the I-751), she will not be allowed to board a flight to return home using an expired 2-year green card. She will need the original extension letter as well.

 

Okay, when you say extension letter you are referring to the letter she receives after submitting the i751 and not the i90.  how long does it take to get the extension letter and what is the validity of the extension letter? is it until the scheduled biometrics appointment? 

 

If we anticipate her not coming back before the GC expiration, would it behoove us to submit the i751 closer to the expiration date or submit asap?

[Crazy Cat 41,810]

5 minutes ago, dalox303 said:

Okay, when you say extension letter you are referring to the letter she receives after submitting the i751 and not the i90.  how long does it take to get the extension letter and what is the validity of the extension letter? is it until the scheduled biometrics appointment? 

 

If we anticipate her not coming back before the GC expiration, would it behoove us to submit the i751 closer to the expiration date or submit asap?

The extension letter is issued when she files the I-751.  It generally comes within a few weeks.  It will extend the expiration date printed on the green card for 2 years.  If within the 90 day window before expiration, submit it ASAP!!!  Remember, the extension letter MUST be accompanied by the expired green card when used.

 

She will have to sign the I-751 package....as will you.

Edited January 17, 2023 by Crazy Cat

[OldUser 6,607]

5 minutes ago, dalox303 said:

how long does it take to get the extension letter and what is the validity of the extension letter?

Usually within 2 weeks but can take up to 6 weeks.

 

Validity is usually 24 months from GC expiration date.

[carmel34 3,620]

1 hour ago, dalox303 said:

not the i90

Don't file an I-90.  She needs to file an I-751 with supporting documents, best time to file is 89 days before the conditional green card expires.

[mindthegap 2,589]

2 hours ago, dalox303 said:

Worst Case- IF the operation keeps her aboard passed her GC expiration date, can we send in her i751 now 

If it is within the 90 days preceding the expiry date of the card, yes.

 

2 hours ago, dalox303 said:

and she do her biometrics aboard?

No. Not possible.

 

2 hours ago, dalox303 said:

or can we reschedule the biometrics appointment

You can request one. Whether or not it is successful - because USCIS's systems don't talk to one another - is the unknown. Whatever you don't don't just miss it.

Pray that you get the letter saying that they have re-used prior biometrics and no appointment is necessary. 

 

2 hours ago, dalox303 said:

when you say extension letter you are referring to the letter she receives after submitting the i751 and not the i90.  how long does it take to get the extension letter and what is the validity of the extension letter? is it until the scheduled biometrics appointment? 

There is no I-90 to be filed here. It is not applicable. Do not file an I-90. 

 

You must file an I-751, which requires both your signatures. 

The I-751 upon filing and acceptance gives a receipt, which comes in the regular mail to the US address given on the form (it cannot be an overseas address), and acts as an extension letter for the expired card for a specified period - currently 24 months. 

To board a flight back to the US she MUST have that original receipt/extension letter AND her expired card, so you will need to find a reliable method of getting it sent to her overseas, such as fedex or UPS with signature added. An expired card is usless without the receipt/extension letter and the extension letter is usless without the expired card. They are BOTH needed.

No, a copy will not suffice, as the original is watermarked and this is checked by some people.  

 

2 hours ago, dalox303 said:

would it behoove us to submit the i751 closer to the expiration date or submit asap?

 

In your circumstances I would suggest filing it 1 day after your 90 day window opens (and NOT before). This gives you several months leway for anything untoward to happen, such as for it to go missing, be rejected, the receipt doesn't arrive or whatever, as she is still able to re-enter the US with the card prior to expiry. 

 

 

 

 

 

Edited January 17, 2023 by mindthegap

[dalox303 2]

2 hours ago, mindthegap said:

In your circumstances I would suggest filing it 1 day after your 90 day window opens (and NOT before). This gives you several months leway for anything untoward to happen, such as for it to go missing, be rejected, the receipt doesn't arrive or whatever, as she is still able to re-enter the US with the card prior to expiry. 

Thank you for the response!  

 

We are about 1 week inside the 90 days, so we should be good.  Now, not realistic for us to file tomorrow, but hypothetically speaking if we did, and even more hypothetical the USCIS has there act together, is there are any possibility that they schedule her biometrics before her GC actually expires (and possibly before she's back in the states)?  In which case, we would have to hope we can reschedule?

 

Is there a rough timeline for the processing of the i751?  I think I saw somewhere it can take up to 3 weeks for the USCIS to respond that they received the form and then another 3-4 weeks for them send you information about biometrics and the extension. 

 

 

[OldUser 6,607]

8 minutes ago, dalox303 said:

Is there a rough timeline for the processing of the i751?  I think I saw somewhere it can take up to 3 weeks for the USCIS to respond that they received the form and then another 3-4 weeks for them send you information about biometrics and the extension. 

 

 

It's impossible to know upfront. It can take up to 6 weeks to receive I-751 extension letter.

 

Biometrics can happen any time in the process, but usually between 1 and 6 months after USCIS receiving the case.

 

The first time USCIS respond IS the time you get extension letter.

 

You don't know which service center is going to take the application and even if you knew that upfront, there are fluctuations there too.

 

Each case is unique.

 

Edited January 18, 2023 by OldUser

[GEOntificator 281]

Realistic facts:

 

If you file I-751 ASAP NOA and the extension letter come within 2 weeks or so (more times than not). Biometrics will likely be reused.

 

if all goes well and you get the extension letter you will then make a copy of it and mail the original to her via secure shipping method. She will then be good to travel back.

 

Make sure she does not stay out more than 1 year or else she may risk problems at the border.

 

They key here is to file ASAP. There are too many things to go wrong.

 

good luck.

Edited January 18, 2023 by kvito28