Travel while I-751 is being processed

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newuser84

New Member
Hi,
My conditional green card will expire on June 2, and I will submit the Form I-751 in March to request a new card. However, I will be traveling a lot outside of the US this summer. I plan on leaving the US for a week in mid June. Will this be an issue? Also, if I won't be available for interviews/biometrics between June and the end of August, will this be a problem?
Thanks for your help!
 
8 CFR § 216.4 Joint petition to remove conditional basis of lawful permanent resident status for alien spouse.

(4) Physical presence at time of filing. A petition may be filed regardless of whether the alien is physically present in the United States. However, if the alien is outside the United States at the time of filing, he or she must return to the United States, with his or her spouse and dependent children, to comply with the interview requirements contained in the Act. Furthermore, if the documentation submitted in support of the petition includes affidavits of third parties having knowledge of the bona fides of the marital relationship, the petitioner must arrange for the affiants to be present at the interview, at no expense to the government. Once the petition has been properly filed, the alien may travel outside the United States and return if in possession of documentation as set forth in §211.1(b)(1) of this chapter, provided the alien and the petitioning spouse comply with the interview requirements described in §216.4(b). An alien who is not physically present in the United States during the filing period but subsequently applies for admission to the United States shall be processed in accordance with §235.11 of this chapter.

You might have to rack up some frequent flyer miles, but you can travel after filing with your receipt notice which extends your status automatically for a year.
 
I'll be away for five weeks and won't be able to return to the US, from the end of June. Can they postpone my biometrics, or can I just tell them I'm not available then? (They've finger printed me already several times!) Also, is the travel stamp issued automatically? If not, does anyone know how long it takes? (And how I apply for it?) Thanks for your help!
 
newuser84 said:
Hi,
My conditional green card will expire on June 2, and I will submit the Form I-751 in March to request a new card. However, I will be traveling a lot outside of the US this summer. I plan on leaving the US for a week in mid June. Will this be an issue? Also, if I won't be available for interviews/biometrics between June and the end of August, will this be a problem?
Thanks for your help!
Click to expand...

If you apply in March your biometrics probably will happen before June. But make sure you show up for the interview. If you're going to travel for several weeks after June, be prepared to cut your traveling short to return to the US for the interview. And have somebody checking your mail regularly so they can notify you when the interview notice arrives.

Note that in most cases there is no interview for the I-751.
 
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