Will My Husband Need to be Physically Here When I Apply for Removal of Conditions I-751 + Reentry Permit I-131?

[dusty_jewels 6]

Hi, I just wanted to be entirely sure because I'm not in a straight-forward situation.

 

So I can start applying for Removal of Conditions on my 2-year greencard on Dec 10th 2024, but I will be in Vietnam living with my American husband as he has a 2-year work contract there, so I also have to apply for my reentry permit. I can't apply for it now since it will expire with my 2-year greencard.

 

I've decided to come back from Vietnam on January 5th 2025 to apply for everything, and by then I would have been away from the US for about 5 mths 2 weeks. My husband will not be flying back with me.

 

I have been advised here on VJ to apply for the I-751, get the receipt/48 months extension and then apply for my reentry permit I-131.

 

So questions:

 

1. Is my husband needed physically here in the US when I apply for both I-751 and I-131? From what I read, there is no need.

We plan to fill out the I-751 form with his signature + the check for the fees over in Vietnam, and I bring all of that back to the US and send it to the USCIS.

I have been told that biometrics should be re-used and that a physical interview isn't likely. I wasn't interviewed for my greencard.

 

2. I assume that I-131 is just me applying only, and biometrics will likely be re-used as well.

 

3. Also, is there any guide on VJ about the I-131? I couldn't find any, or is it very straight-forward?

 

We will both be flying back in July 2025, so I assume if I need to be back in the US for anything, I can schedule it in July 2025.

 

Appreciate any help!

Edited July 13 by dusty_jewels

[OldUser 6,590]

On 7/13/2024 at 1:36 PM, dusty_jewels said:

I also have to apply for my reentry permit. I can't apply for it now since it will expire with my 2-year greencard.

 

 

Where is this information from? Re-entry permit is linked to your LPR status, not GC.

[OldUser 6,590]

On 7/13/2024 at 1:36 PM, dusty_jewels said:

I have been told that biometrics should be re-used and that a physical interview isn't likely. I wasn't interviewed for my greencard.

Who told you this? Nobody can predict with 100% your biometrics will be reused and you won't have interview. You should always assume you have to attend both. When you don't have to, it's a nice bonus. Not having interview for GC is likely going to increase the chance of interview for I-751. USCIS wants to interview immigrants at least a few times during the process.

[OldUser 6,590]

On 7/13/2024 at 1:36 PM, dusty_jewels said:

2. I assume that I-131 is just me applying only, and biometrics will likely be re-used as well.

Again, there is no guarantee biometrics will be reused for either I-131 or I-751.

[OldUser 6,590]

On 7/13/2024 at 1:36 PM, dusty_jewels said:

We will both be flying back in July 2025, so I assume if I need to be back in the US for anything, I can schedule it in July 2025.

This is not how it works. USCIS schedules you for appointments. You don't get to choose dates, only can ask to reschedule appointments (cannot guarantee it will be granted). It's unlikely you'd get interview for I-751 within 6-7 months of filing, but biometrics may be scheduled in this timeframe by USCIS.

 

Ideally, one should not leave the US until biometrics are reused / taken. If leaving before that, it's advisable to monitor USCIS account, case status and mail for updates. If appointment is scheduled, it's recommended to drop everything and come to the US for the appointment to ensure there is no denial of I-751.

 

Good luck!

[dusty_jewels 6]

1 hour ago, OldUser said:

Where is this information from? Re-entry permit is linked to your LPR status, not GC.

 

Yes, I believe LPR and GC is the same for my situation right now.

 

But I'm confused here.

 

To answer your question, two immigration lawyers, plus when I asked this on VJ, no one disputed it, and it also says on https://www.usa.gov/travel-documents-foreign-citizens:

 

"For conditional permanent residents, the re-entry permit is valid for two years after the date of issue. Or it is valid up until the date you must apply for removal of the conditions on your status, whichever date comes first."
 

I'm a conditional permanent resident. My green card expires in March 10th 2025. If I apply now, my re-entry permit expires then.

 

I'm looking to apply for the reentry permit after my removal of conditions is received, which I cannot apply for now since it's not December 10th 2024 yet. I plan to apply for the removal of conditions around January 5th 2025 when I come back to the US.

 

I believe I haven't misunderstood the lawyers and the usa.gov website regarding expiry of the re-entry permit for conditional perm. residents like me?

 

1 hour ago, OldUser said:

Who told you this? Nobody can predict with 100% your biometrics will be reused and you won't have interview. You should always assume you have to attend both. When you don't have to, it's a nice bonus. Not having interview for GC is likely going to increase the chance of interview for I-751. USCIS wants to interview immigrants at least a few times during the process.

 

Another VJ forum user told me. I believe you liked her comment on my last post. But yes, I agree that no one can predict that, I'll just cross my fingers for me to receive the biometrics re-use notice. I'll be staying till then.

 

50 minutes ago, OldUser said:

This is not how it works. USCIS schedules you for appointments. You don't get to choose dates, only can ask to reschedule appointments (cannot guarantee it will be granted). It's unlikely you'd get interview for I-751 within 6-7 months of filing, but biometrics may be scheduled in this timeframe by USCIS.

 

Ideally, one should not leave the US until biometrics are reused / taken. If leaving before that, it's advisable to monitor USCIS account, case status and mail for updates. If appointment is scheduled, it's recommended to drop everything and come to the US for the appointment to ensure there is no denial of I-751.

 

Good luck!

 

Thank you. I plan to stay until I get the biometrics notice. It's the interview that might be tricky for my husband, not me, as he's the one in Vietnam for work. I can fly into the US at any time and stay however long.

 

So I guess, to answer my overall question, my husband might be needed back in the US next year for the interview, if scheduled?

Edited July 15 by dusty_jewels

[OldUser 6,590]

8 hours ago, dusty_jewels said:

 

 

So I guess, to answer my overall question, my husband might be needed back in the US next year for the interview, if scheduled?

Yes

[dusty_jewels 6]

1 hour ago, OldUser said:

Yes

 

Thank you! Appreciate your time!