I-751 Remove Conditions and Apply for I-131 Travel Document

[handxx]

Dear all,

I need your valuable advice for my wife's below case. If you can share your opion and help us to clearify the situation, I appreciate it.

My wife has a conditional GC through our marriage. We have been living abroad year and a half because of my job. She has been staying outside of the country with a travel document. Her travel document and conditional GC will expire in July.

My wife will fly to USA in June for I-751 and I-131 application. As far as I heard from different people on forums, I-751 and I-131 usually takes 7 to 8 months.

One of the folks from this forum told that after I-751 application, my wife will receive a letter that her GC is extended. With this letter, she can stay outside of the country for a year. I thought it can be good for us because of financial and emotional perspectives.

But , now I am thinking that if there is no travel document in hand , just with the I-751 extended GC letter, will it be safe to stay abroad ? Some of you can say the wife can stay in USA and wait till to receive GC and travel document but financially it is not easy to support my wife in USA around 7 8 months ( pay 2 rent, grocery, other expenses ).

What can be done in this specific case ? Can she leave the country only with the I 751 extended GC Letter ? I was thinking I can go to the USA in 7 8 months and pick up her GC from our friends address.

 

[BigJoe5]

Dear all,

I need your valuable advice for my wife's below case. If you can share your opion and help us to clearify the situation, I appreciate it.

My wife has a conditional GC through our marriage. We have been living abroad year and a half because of my job. She has been staying outside of the country with a travel document. Her travel document and conditional GC will expire in July.

My wife will fly to USA in June for I-751 and I-131 application. As far as I heard from different people on forums, I-751 and I-131 usually takes 7 to 8 months.

One of the folks from this forum told that after I-751 application, my wife will receive a letter that her GC is extended. With this letter, she can stay outside of the country for a year. I thought it can be good for us because of financial and emotional perspectives.

But , now I am thinking that if there is no travel document in hand , just with the I-751 extended GC letter, will it be safe to stay abroad ? Some of you can say the wife can stay in USA and wait till to receive GC and travel document but financially it is not easy to support my wife in USA around 7 8 months ( pay 2 rent, grocery, other expenses ).

What can be done in this specific case ? Can she leave the country only with the I 751 extended GC Letter ? I was thinking I can go to the USA in 7 8 months and pick up her GC from our friends address.

1. Did you explore INA 319(b) naturalization eligibility?

2. The I-751 may be filed from abroad.

3. An I-131 may ONLY be filed domestically. The applicant must be fingerprinted in the U.S. at an ASC. The applicant may travel abroad as soon as the I-131 has been ACCEPTED for filing by USCIS. [Most folks would wait for the fingerprinting before travel.]

4. The REP may be delivered to a USCIS Office or Consulate/Embassy abroad for pick up.

5. The I-131 is may be submitted AFTER the I-751 is approved.

6. See 8 CFR § 223.3 Validity and effect on admissibility.

(a) Validity —(1) Reentry permit. Except as provided in §223.2(c)(2), a reentry permit issued to a permanent resident shall be valid for 2 years from the date of issuance. A reentry permit issued to a conditional permanent resident shall be valid for 2 years from the date of issuance, or to the date the conditional permanent resident must apply for removal of the conditions on his or her status, whichever comes first.

7. The I-751 receipt notice will extend the GC validity for a year BUT a continuing extended absence is a separate issue.

8. It is probably worth the effort to consult a knowledgeable immigration attorney about this case.