evilned

Hi!

My wife and I submitted all the wonderful paperwork for the removal of conditions for her green card. Biometrics have been done, the 1 year extension is in hand and I guess now we wait.

Meanwhile, my wife is heading back to China for a few months. I've been wondering what happens if my wife's removal comes through while she is out of the country, or how we should handle anything that requires her to put in an appearance?

I'm assuming that a new card is issued and sent to her home. If this happens while she is overseas, do I send it to her, meet her at the port of entry or is she good with just her present card and the extension letter?

Thanks!

ian-mstm

I believe this bit is correct. As long as she has her expired card and unexpired letter, she's good to travel back and forth whether or not the I-751 is approved.

If, however, she is called for an interview... well, that's something she won't want to miss and will probably need to cut short her trip.

Ian

evilned

Is there a way I could call and reschedule the interview if needed? Communications being what they are it could take me a week to get a hold of her and then the problem of changing the plane ticket$$$. :curse:

Noorah101

Ned, I moved your post to the Marriage-Based visa forum. This is the better place to ask your questions in the future.

Rene
Moderator

evilned

No problem. I flipped a coin on which one to post to.

Rete

Ned

There is no guarantee that if an interview is scheduled that you would be able to postpone it successfully. By that I mean that your letter requesting a new appointment might not be matched up with your wife's file and because of a lack of appearance the I-751 could be denied.

We have learned several things by reading the experiences of others and from our participating attorney and those are:

1. Rescheduling is possible but not without major headaches.

2. The notification that your wife's file has been sent to the district office does not mean that an interview date has already been scheduled. That will be scheduled once the file is at the DO.

3. Certain airline personnel as duffus' and don't know which end of the plane is the back and as such will not accept the extension as "proof". She might be better off going to the DO after making an infopass appointment and asking for the I-551 stamp and stating the reason why she would like it.

4. A denial does not mean that they will stop her at the airport and turn her around. She needs to go before an immigration judge for a removal hearing first and can plead her case at that time.

5. When dealing with the USCIS it is best to hedge the odds in your favor even if it means additional funds out of your pocket. Be prepared to change the return ticket if need be.

Curious why you asked if it would be sent to her house. Do you two not live together?

snowbunny

When did you file, and when did you receive the letter? (Dates please for my curiosity; we filed two months ago and no letter.)

How many months are you talking? She cannot miss an interview, if one is scheduled, especially not if she's out of the country and stays out for several months.

evilned

Great. Well if the appointment notice comes I'll get a hold my wife and have her fly home asap.

In answer to your question, yes we do live in the same house. My wife is flying out for China Monday and will be back in July. She hasn't been home in a couple of years. Her mother isn't well and she wants to see her.

When I referred to getting a hold of her, I meant reaching her while she is in China.

We went to our local USCIS office to double check on the extention letter. I also asked about the stamp in the passport. The clerk flat out refused. He asked me who told us they stamped passports?

I have some funds set aside and can get more from my family if needed.

Oh well, we'll just keep our fingers crossed.

meauxna

HI Ned, I'm glad your wife's getting to go home and see Mom.

If her case is approved while she is away, there is nothing special to do as long as her letter is not expired. If it is, the officer at the POE will still be able to see her 'real' status, so it would involve a short stop in Secondary to get it clear.

IF she gets picked for an interview, deal with it when you get the letter. There will be *something* that can be done about it, even if not optimal. It's pretty slim odds though, that she will get picked.

evilned

Lets see, her card "expires on the 26th of this month so we filed exactly 90 days before that. According to the notice date, it was February 12th listed as the receipt date. We got it around March 14th.

She's leaving on the 21st and will be back July 15th.
I didn't want her gone that long but my wife's name translates as "stubborn".

Rete

And further for SB, they filed in Vermont; while you filed in Texas

snowbunny

Yep.... or purgatory more like. In other threads I've read that they are transferring some of the cases out of the TSC but who knows?

The case number indicated as SRCxxxxxxxxx on the back of the cancelled check still doesn't register with the online enquiry system. Meh.

snowbunny

uscis translates as "stubborn, irrational and all-powerful" in Hungarian.

evilned

Considering my luck, (other then meeting my wife), I'm going to make sure I have ways to contact her. One of her best friends is nearby and I can call her. Her sister lives around the corner from my wife's family in China.
(Small world? My wife bumped into her friend a week after arriving. The lived around the corner from each other and had lost contact)

There are other friends of her who speak English that I can have call her if I need to. I'll make sure I have all the numbers.