I751biometrics not done after 4 years of hideout/GC expired

#1
Was transferred overseas and wife couldn't make it to biometrics appointment for the purpose of 751 application. 4 years later, we would like to start where we left off. what are chances of 751 being denied. still married, still living overseas.

appreciate the help.
MSP
 

1AurCitizen

Registered Users (C)
#2
The i751 would have been denied for lack of biometrics.

Living overseas in all likelihood suggests having abandoned US residence. Obviously the conditional green card is no longer valid, and any i797 NOA1 would have long since expired, making her ineligible to board any US-bound aircraft. Probably moot, but did she obtain a re-entry permit prior to leaving the US?

USCIS may have sent something to the address given on the i751 application. You have to re-petition her once you're ready to establish US domicile.
 

SusieQQQ

Well-Known Member
#3
Agree, almost certain you won’t be able to start where you left off because permanent residence was abandoned - you’ll have to start over.
 
#4
Thanks for your help! we didn't have time to even think about that, since we figured when the time came for biometrics, she would have been able to fly out to get finger-printed and return to the country where we live. your commentary makes a lot of sense; that i751 has been denied. we are evaluating the time, energy and cost of petitioning again. saw there could be an opportunity for the new i751 to be accepted since we moved out of the US to work for a US firm-then not sure if that would hold for her, since I( petitioner) who has been transferred for work, not her as stipulated in USCIS guidelines. I will keep you guys posted with any developments, but this community rocks! Thanks for sparing a few minutes to help out others.
 

1AurCitizen

Registered Users (C)
#5
If accessible, would make sense to check for any mail from USCIS to the address on file. Or application status online if the receipt number is available.

Being married over two years negates the need for another i751; wife is eligible for a ten-year green card. A typical IR1 petition takes a little over a year. US embassies in select countries have embedded USCIS offices that allow DCF (Direct Consular Filing). Spousal applicants could save a few months with DCF, but some have closed or are closing as a result of belt tightening.
 
#6
Thanks a lot, 1AurCItizen. The closest US embassy with DCF is Rome Italy. You suggest we set up an appointment with a regular consular officer here in Morocco and switch gears to an IR1?. Would they take into considerations her 2 year conditional card that has expired and the fact that she did reside in the US for sometime?
Many thanks!
 

SusieQQQ

Well-Known Member
#7
Thanks a lot, 1AurCItizen. The closest US embassy with DCF is Rome Italy. You suggest we set up an appointment with a regular consular officer here in Morocco and switch gears to an IR1?. Would they take into considerations her 2 year conditional card that has expired and the fact that she did reside in the US for sometime?
Many thanks!
You can’t do dcf in a country you don’t reside in.

Past green card /US residence won’t affect the petition, it’s based on showing your marriage is genuine.
 

1AurCitizen

Registered Users (C)
#9
Thanks a lot, 1AurCItizen. The closest US embassy with DCF is Rome Italy. You suggest we set up an appointment with a regular consular officer here in Morocco and switch gears to an IR1?. Would they take into considerations her 2 year conditional card that has expired and the fact that she did reside in the US for sometime?
Many thanks!
You have to be in legal long-term status in the specific country where USCIS offers DCF. You hadn't mentioned Morocco until this post, so you're out of luck on the DCF front. You will have to petition the wife for an IR1 filing about a year before you intend to move to the US.
 
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