Removing LPR condition while overseas/I-751

olga andreeva

Registered Users (C)
Hello all,
i just called USCIS and they told me that form I-751 must be filed in states(USA).
IS IT TRUE?
the reason i am asking is my lawyer told me that i can file it from the overseas, where is the truth?
please help!!!
i am overseas with my husband who is American and we wanted to apply from overseas to remove the condition.
So, what now?

thank you so much,
be blessed
 
Yes you can remove it from overseas, check uscis.gov for the overseas office to do this. How complicated or different, I am not sure because not a lot of people do this. And make sure your GC still valid meaning that you've not been outside US more than 1 year w/o re-entry permit
 
This is an excerpt from the instructions page of the of the I-751.

Filing jointly. If you are filing this petition jointly with your spouse, you must file it during the 90 days immediately before the second anniversary of the date you were accorded conditional resident status. This is the date your conditional residence expires.

However, if you and your spouse are outside the United States on orders of the U.S. Government during the period in which the petition must be filed, you may file it within 90 days of your return to the United States.


You get the grace period only if you are out of US on orders of the US government. Everyone else should file from within the US as the interview would be held here in the US. Im not sure if you can Fedex the I-751 internationally from your country to USCIS, but the instructions do not provide any provision to file from outside the US.
 
thank you guys,
but the question still remains...
Can i file it from the overseas?
My husband is doing missionary job, the part that you quoted does not tell anything about people who are not on these orders SHOULD NOT FILE THIS FORM!
which means i can file, correct?
please advice who knows what i am talking about!!!
thanks, lel :eek:
 
cherr1980 said:
Check this:
http://uscis.gov/graphics/howdoi/remcond2.htm

Do you still have an address (residency) in the US?

Thanks for pointing that out Cherr. The instructions are right here...

Do I Need to Be Physically Present in the United States at the Time of Filing?
The Form I-751 (Petition to Remove the Conditions on Residence) can be filed regardless of whether you are physically present in the United States at the time that you file. However you must return to the United States with your spouse and your children in order to comply with the interview requirement.
 
Correct, but be aware that you need a valid address in the US which will be the address in the form.
 
great,
this is what i refered to when i called INS, but the officer told me that i should be in US<
well, i know it's not true and i even tried to argue with her on the phone, but i still gonna file out of US to my perm US address!
thz,olik ;)
 
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