Postponing Biometrics for 10 months?

[Feliz 0]

Good day to everyone!

We mailed our huge package on Oct 11 to Laguna Niguel, CA ServCenter and our check was cashed 2 days later Oct 13 , USCIS website indicates CA on October 18 was procesing cases dated March 19,2006 so the line is 6 month long, but our BIG PROBLEM is that we both have to be out of country for next 9-10 month (untill middle of 2007),

Is it possible to postpone Biometrics and Interview for so long?

If yes, whould it effect the outcome?

Is there a chance they mail CG without Biometrics?

Did it happen to anyone here before?

and last one: HOW TO POSTPONE IT? CALL? MAIL?

Should we pick closer date and postpone again, or is it ok to tell truth and pick a real date in July-Aug 2007?

my other concern is possible loss of required Residency continuance for citizenship, since more then 12 month is a sure loss \ abruption, and between 6-12 month is possible abruption and abandonment of status (if i cant proove opposite).

i have read on another forum about someone who got citizenship after 8 month absence out of country, and i have plenty of proofs for my "ties to US and intent to reside further" but i'd like to know other opinions

Thank you and good luck with your documents!

Edited October 19, 2006 by Feliz

[YuAndDan 153]

You mention Biometrics, that is usualy done for Adjustment Of Status I-485, and is mentioned on the USCIS site. http://www.uscis.gov/graphics/formsfee/forms/i-485.htm

However the VJ guides, and the USCIS website makes no mention of having to do a biometrics for I-751 Removal of Conditions.

http://www.visajourney.com/forums/index.ph...p;page=751guide

http://www.uscis.gov/graphics/formsfee/forms/i-751.htm

You will have to attend an interview to remove the conditions, further along you may want to contact your local district office of USCIS, probably need to do an info pass appointment to see if the appointment can be postponed, but if you are out of country when your conditional green-card expires, I am not too sure how you would be able to get back in. I don't think they will issue the 10 year one with out an interview.

Notes on Maintaining Permanent Residence

Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently.
  
• Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
  
• Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
  
• Fail to file income tax returns while living outside of the US for any period.
  
• Declare yourself a “nonimmigrant” on your tax returns.
  

http://www.uscis.gov/graphics/howdoi/PermRes.htm

Notes on Naturalization:

You need to be a permanent resident of the US for 3 years if married to a US citizen and 5 years if not, without being absent for more than 6 months. Exemptions are explained in this document: http://www.uscis.gov/graphics/services/natz/English.pdf

Some of them are:

• If you work for the US Government,
  
• Serve or work aboard a vessel operated by or registered in the USA
  
• Are a religious worker that has a valid presence in the USA.
  

One last note: you may want to completely fill out your profile, I had to look in many places to try to get the back story on your situation, things like Immigration status, and place benefits filed at help some to see the bigger picture.

[Lou Lou 1]

However the VJ guides, and the USCIS website makes no mention of having to do a biometrics for I-751 Removal of Conditions.

http://www.visajourney.com/forums/index.ph...p;page=751guide

http://www.uscis.gov/graphics/formsfee/forms/i-751.htm

You will have to attend an interview to remove the conditions

I-751 Biometrics are the norm lately. The VJ guides are out of date.

It is rare for people to get called for an interview to remove conditions. It does happen, but not often.

Feliz, I think you need to call and get an infopass to explain your situation. Whatever you do, tell the truth!

[Feliz 0]

Thank you for answers!

Feliz, I think you need to call and get an infopass to explain your situation. Whatever you do, tell the truth!

the thing is that we are both already out of country, our friend is being our "agent" and receiving our mail. He will also scan the "Status prolongation?? letter" and e-mail it to us, so i could come back next year.

Then only question is what to do if they invite me to biometrics? Cuz half year ago when i was planning my trip i was reading forums and i assumed it will take about a year to approve and I will be back home on time. but now it seems to be shorter, and I got worried.

BTW could you tell me how does this "Status Extention" letter looks, does it have any Dep. of State stamp or such? would it be ok if i print out e-mailed scan, or do i need the original for crossing US border?

Edited October 20, 2006 by Feliz

[Lou Lou 1]

The letter is in the guides somewhere. It looks like any other NOA to me. Obviously with different text Personally I would travel with the original, and probably a copy too! Can the letter be securely mailed to you? Sure, it will cost, but well worth it. With regard to biometrics, again, I think the only thing you can do is explain to them either by phone, letter, preferably both, to let them know and ask them what you should do. Only they will know whether a delayed biometrics is acceptable.

It's a shame you didn't explain to them before you left the country, but I understand how those things go. I think the last of your worries should be citizenship at this moment. Deal with that one when you're back in the country.

Perhaps someone else can shed some light for you here.

Good luck

[Feliz 0]

1. The letter is in the guides somewhere.

2. It looks like any other NOA to me. Obviously with different text

3. Personally I would travel with the original, and probably a copy too!

Can the letter be securely mailed to you? Sure, it will cost, but well worth it.

4. With regard to biometrics, again, I think the only thing you can do is explain to them either by phone, letter, preferably both, to let them know and ask them what you should do. Only they will know whether a delayed biometrics is acceptable.

Good luck

Thank you for helping!

1 - i looked here: http://www.visajourney.com/forums/index.ph...amp;page=guides

and here: http://www.visajourney.com/forums/index.ph...p;page=examples

but coudn't find it

2 - THANK YOU! Now i don't need to necessarily look at it.

3- Yes i will definetly get it mailed safely and also make many copies

4 - Do you mean I should I call them now and ask what to do, or after the invitation comes (if does)?

[Lou Lou 1]

1 - i looked here: http://www.visajourney.com/forums/index.ph...amp;page=guides

and here: http://www.visajourney.com/forums/index.ph...p;page=examples

but coudn't find it

2 - THANK YOU! Now i don't need to necessarily look at it.

3- Yes i will definetly get it mailed safely and also make many copies

4 - Do you mean I should I call them now and ask what to do, or after the invitation comes (if does)?

1 Look here: http://www.visajourney.com/gallery/display...m=374&pos=0

4 I'd wait to get the biometrics invitation.

[Kez/JWolf 6]

Silly question but can you not just fly home to the US if you are called for Biometrics???

most people get a NOA extending there greencard for a year not long after they file....

Kezzie

[Lou Lou 1]

Silly question but can you not just fly home to the US if you are called for Biometrics???

most people get a NOA extending there greencard for a year not long after they file....

Kezzie

I'm guessing it's quite a long trip home, and expensive if two of them came back.

VSC is very slow with NOAs at the moment, but not sure about CSC.

[Alchemist 0]

Hi:

1. What I would do first is get an InfoPass apointment and go over there and get my passport stamped. This way, you can leave the country with non problems.

2. I would leave a friend in charge of the mail. If you are called to biometrics before you return, you buy one plane ticket, come here, do the biometrics and go back. Simple. A little costly, but its worth it.

I dont see any other way as to avoid giving explanations about your long time outside of US.

[Lou Lou 1]

Hi:

1. What I would do first is get an InfoPass apointment and go over there and get my passport stamped. This way, you can leave the country with non problems.

2. I would leave a friend in charge of the mail. If you are called to biometrics before you return, you buy one plane ticket, come here, do the biometrics and go back. Simple. A little costly, but its worth it.

I dont see any other way as to avoid giving explanations about your long time outside of US.

1. They have already left the country. See post #4.

2. They are doing that. See post #4 & 6. I imagine it's more that costly to just come home for biometrics, otherwise I'm sure the OP would be doing just that. Of course, if they don't get anywhere with calling and writing to explain their situation and delaying biometrics, then their only option is to fly home.

[Feliz 0]

Yes it is pretty far - a two way tickets for 2 people cost $4500-6000 depending on season, which is unfortunatly beyond our student budget, and it was a really existing reason to leave for so long, which i guess i will have to detalise to USCIS once invitation comes.

I opened this topic hoping that someone may be experienced something similar before us, but seems like we will be first ones to add such info to our forum's knowledge database.

I am hoping for the best, preparing for the worst.

One more question - my case number does not work online, while i see messages on forum here and there that other couples get informed via e-mail about approval - how is it possible?

Thanks to everyone who answered, and BIG THANKS to creators and maintainers of this forum, it saved us too a lot of time and money.

Edited October 20, 2006 by Feliz

[Lou Lou 1]

Feliz,

I just got my biometrics appt. and it says this on the letter:

"If you are unable to appear at this time, you may go on any following Wednesday at the same time noted above, as long as you appear before 1.15.2007. If you do not have your biometrics taken by that date, your application will be considered abandoned."

So they have given me a few months to get it done. Don't know if this helps or not, but it's interesting that you can delay your biometrics somewhat.

[Feliz 0]

Don't know if this helps or not, but it's interesting that you can delay your biometrics somewhat.

Thank you very much, Lou Lou, it helped me a lot! At least I will have enough time to plan everything out.

Do you think it's good idea to ask US CIS if I can do fingerprinting at the local US Embassy?

[Lou Lou 1]

Don't know if this helps or not, but it's interesting that you can delay your biometrics somewhat.

Thank you very much, Lou Lou, it helped me a lot! At least I will have enough time to plan everything out.

Do you think it's good idea to ask US CIS if I can do fingerprinting at the local US Embassy?

I'm sure it doesn't hurt to ask, but I'm pretty sure of the answer.

I think you need to wait for your biometrics letter, and then plan what to do from there. Your letter may state something completely different from mine, so there is not much you can do until you know for sure.

Good luck.