Bringing K2 dependent into USA after her conditional green card expires

[Vabsmith 47]

2 minutes ago, OldUser said:

4-6 weeks

Thank you! And after getting the extension letter can she file for re-entry permit ?

[Dashinka 24,848]

8 hours ago, Vabsmith said:

Thank you! And after getting the extension letter can she file for re-entry permit ?

She can do that next time she is in the U.S. regardless of the I751 status.  Probably best to have it ready to go when she comes back for the I751 biometrics, and submit it immediately upon her return.  Hopefully the biometrics are at the same time, and then she can leave when the extension letter arrives assuming she has fulfilled the biometrics for the re-entry permit.  She can have the re-entry permit card sent to the consulate in India after that.

Edited December 20, 2023 by Dashinka

[Vabsmith 47]

4 hours ago, Dashinka said:

She can do that next time she is in the U.S. regardless of the I751 status.  Probably best to have it ready to go when she comes back for the I751 biometrics, and submit it immediately upon her return.  Hopefully the biometrics are at the same time, and then she can leave when the extension letter arrives assuming she has fulfilled the biometrics for the re-entry permit.  She can have the re-entry permit card sent to the consulate in India after that.

I did not quite understand that sequence. Can you please clarify a bit more.

I am trying to evaluate how long of a  break she should take from her ongoing studies in India to maintain her LPR.

So she first she goes to USA now and files for the I-751. Stays in the USA until she gets her extension letter and biometrics appointment. Does her bio-metrics, files for re-enetry and then travels back to India?

 

Or

She files the I-751 while she is still in India, then travels to USA when she gets her biomertics appointment. Does the biometrics and apply for re-entry permit and comes back to India?

 

Thank you so much for such a generous work you are doing to help families with this guidance.

[Dashinka 24,848]

5 hours ago, Vabsmith said:

I did not quite understand that sequence. Can you please clarify a bit more.

I am trying to evaluate how long of a  break she should take from her ongoing studies in India to maintain her LPR.

So she first she goes to USA now and files for the I-751. Stays in the USA until she gets her extension letter and biometrics appointment. Does her bio-metrics, files for re-enetry and then travels back to India?

 

Or

She files the I-751 while she is still in India, then travels to USA when she gets her biomertics appointment. Does the biometrics and apply for re-entry permit and comes back to India?

 

Thank you so much for such a generous work you are doing to help families with this guidance.

I am not quite sure how best to time everything.  Technically the I131 has to be filed from within the U.S., but there is a FedEx/DHL option.  Others can chime in, but I suppose you could send both the I751 and I131 to their respective lockboxes and wait for the first I797 NOA requesting biometrics, and then get her to the U.S.  If you have relatives or contacts in the U.S., you might be able to send it to them, and let them mail both from within the U.S.  You also need to make sure the notices will get to someone that can notify you of their receipt.

 

If you do it that way, (if possible, others can comment), you might be able to keep the visit relatively short.

 

Good Luck!

[Vabsmith 47]

55 minutes ago, Dashinka said:

   Others can chime in, but I suppose you could send both the I751 and I131 to their respective lockboxes and wait for the first I797 NOA requesting biometrics, and then get her to the U.S.  If you have relatives or contacts in the U.S., you might be able to send it to them, and let them mail both from within the U.S.  You also need to make sure the notices will get to someone that can notify you of their receipt.

 

If you do it that way, (if possible, others can comment), you might be able to keep the visit relatively short.

 

Good Luck!

I see, thanks. I do have close relatives/contacts in USA who can help. So the first  I797 NOA might be either for the removal conditions or for the re-entry application..? She hopefully has to only do one set of biometrics...

And also she should get the extension letter in 4-6 weeks after after filing I751.  She can collect the extension letter before leaving the USA...? does that sound about right?

[Dashinka 24,848]

1 hour ago, Vabsmith said:

I see, thanks. I do have close relatives/contacts in USA who can help. So the first  I797 NOA might be either for the removal conditions or for the re-entry application..? She hopefully has to only do one set of biometrics...

And also she should get the extension letter in 4-6 weeks after after filing I751.  She can collect the extension letter before leaving the USA...? does that sound about right?

Here is what I would do.  File the I751 as soon as the window opens, then 2-3 weeks later file the I131 (either DHL to the appropriate lockbox, or through your relatives).  Once the first biometrics appointment letter arrives (I assume someone is getting your/her mail daily and can let you know), travel to the US.  Hopefully, the 2nd biometrics letter will arrive shortly after, and she can take both to the appointment and complete both.  The extension letter for the I751 should have arrived by then.  Of course this is all hypothetical from a timing perspective, but it could work.

 

Good Luck!

[Vabsmith 47]

3 hours ago, Dashinka said:

Here is what I would do.  File the I751 as soon as the window opens, then 2-3 weeks later file the I131 (either DHL to the appropriate lockbox, or through your relatives).  Once the first biometrics appointment letter arrives (I assume someone is getting your/her mail daily and can let you know), travel to the US.  Hopefully, the 2nd biometrics letter will arrive shortly after, and she can take both to the appointment and complete both.  The extension letter for the I751 should have arrived by then.  Of course this is all hypothetical from a timing perspective, but it could work.

 

Good Luck!

Sounds like a plan.  Thank you!

 Now when she enters the USA after this long period of staying abroad what can be a challenge at the port of entry and any tips on making her entry smoother?

[Dashinka 24,848]

1 hour ago, Vabsmith said:

Sounds like a plan.  Thank you!

 Now when she enters the USA after this long period of staying abroad what can be a challenge at the port of entry and any tips on making her entry smoother?

The truth usually works.  School, family, etc. based on your posts.  There have been recent stories of LPRs outside the US for several years that have had no issues.  Also, depending on her final destination, the US Canada land crossings seem to be easier, but that is purely anecdotal.

[Vabsmith 47]

1 hour ago, Dashinka said:

The truth usually works.  School, family, etc. based on your posts.  There have been recent stories of LPRs outside the US for several years that have had no issues.  Also, depending on her final destination, the US Canada land crossings seem to be easier, but that is purely anecdotal.

Thank you!! She will be going to the west coast/ LA but good to know about the Canada land crossings.

[Vabsmith 47]

22 hours ago, Dashinka said:

Here is what I would do.  File the I751 as soon as the window opens, then 2-3 weeks later file the I131 (either DHL to the appropriate lockbox, or through your relatives).  Once the first biometrics appointment letter arrives (I assume someone is getting your/her mail daily and can let you know), travel to the US.  Hopefully, the 2nd biometrics letter will arrive shortly after, and she can take both to the appointment and complete both.  The extension letter for the I751 should have arrived by then.  Of course this is all hypothetical from a timing perspective, but it could work.

 

Good Luck!

@Lil bear@OldUser @nastra30@powerpuff and other experts.. seeking your thoughts on this great suggestion provided by @Dashinka . Would this potentially work fine?

Also I believe my wife can follow the same plan- file for the I751 , then I131 and travel to USA to get her bio-metrics done.... then come back and visit USA again if and when she is called for the I751 interview?

Many thanks.

[Lil bear 4,347]

30 minutes ago, Vabsmith said:

@Lil bear@OldUser @nastra30@powerpuff and other experts.. seeking your thoughts on this great suggestion provided by @Dashinka . Would this potentially work fine?

Also I believe my wife can follow the same plan- file for the I751 , then I131 and travel to USA to get her bio-metrics done.... then come back and visit USA again if and when she is called for the I751 interview?

Many thanks.

IMO, the I131 will be rejected as the requirement is that the applicant must be in the US when filing for the travel permit .. not that the I131 must be “filed/posted”  from within the US. I recall a thread recently where an OP was in the US, mailed the I131 application, and left the country the next day .. before the USCIS received the application .. and were denied because they were deemed to have not been in the US when it was filed. 

[Dashinka 24,848]

26 minutes ago, Lil bear said:

IMO, the I131 will be rejected as the requirement is that the applicant must be in the US when filing for the travel permit .. not that the I131 must be “filed/posted”  from within the US. I recall a thread recently where an OP was in the US, mailed the I131 application, and left the country the next day .. before the USCIS received the application .. and were denied because they were deemed to have not been in the US when it was filed. 

I tend to agree, it is required to file the I131 re-entry permit application from within the U.S., and also fulfill the biometrics (if required) before actually leaving.

 

To @Vabsmith, a slight amendment to my suggestion, get the I751 in process when their window opens, and then get the I131 filled out.  Then come back to the U.S. for I751 biometrics and submit the I131 immediately upon return.  Hopefully, the NOA for the I131 will show up very soon after.

[Vabsmith 47]

4 hours ago, Lil bear said:

IMO, the I131 will be rejected as the requirement is that the applicant must be in the US when filing for the travel permit .. not that the I131 must be “filed/posted”  from within the US. I recall a thread recently where an OP was in the US, mailed the I131 application, and left the country the next day .. before the USCIS received the application .. and were denied because they were deemed to have not been in the US when it was filed. 

Good point. Thanks. How about for the I-751 would be okay to send it out to while we are still abroad?

[Vabsmith 47]

3 hours ago, Dashinka said:

I tend to agree, it is required to file the I131 re-entry permit application from within the U.S., and also fulfill the biometrics (if required) before actually leaving.

 

To @Vabsmith, a slight amendment to my suggestion, get the I751 in process when their window opens, and then get the I131 filled out.  Then come back to the U.S. for I751 biometrics and submit the I131 immediately upon return.  Hopefully, the NOA for the I131 will show up very soon after.

Thanks! yes that makes sense if the I131 has be applied from within the USA. I was thinking if they can re-purpose the biometrics for the I751 and may not need another biometrics for I131...  any thoughts on that..?

[Lil bear 4,347]

52 minutes ago, Vabsmith said:

Thanks! yes that makes sense if the I131 has be applied from within the USA. I was thinking if they can re-purpose the biometrics for the I751 and may not need another biometrics for I131...  any thoughts on that..?

Possibly yes.  Not guaranteed 

 

55 minutes ago, Vabsmith said:

Good point. Thanks. How about for the I-751 would be okay to send it out to while we are still abroad?

Yes.