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  1. #1
    Join Date
    Jun 2012
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    3

    Default Removing Condition from Temporary Green Card with Spouse Being Abroad

    Hi everybody, I'm new to the forums here. I've been visiting this site for a while & really find it helpful. However, now I need some directions for my own situation. I've got temporary green card & its time for me to remove the condition after two years. My wife is abroad, taking care of her grand parents as they've serious health conditions. She has been away for a couple of months now & I'm due to file the petition to remove the condition on my green card.
    My questions are,
    1:Can she fill the petition & mail it to me so I can file it here or is it any other way she can do it there in US embassy?
    2:What if we're called for interview & she can't make it in time? Does changing interview date effects the process?
    3:Can we apply to transfer the interview there (US embassy) because its easier for me to go there, than her traveling here & leaving her grand parents alone?
    Any help, suggestions & guiding will be very appreciated. Thanks for your help in advance.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Removing Condition from Temporary Green Card with Spouse Being Abroad

    So, you're a conditional LPR based upon marriage and you want to remove the conditions from your Green Card? You file form I-751 - you, not your wife, are the petitioner.

    The hearing on an I-751 petition can be rescheduled for good cause, but it is not recommended that you attempt to do that. If you already know that your spouse is not in the country and may not be back even by the time of the interview, that's not the sort of emergency that is likely to result in rescheduling. You will not be able to move the interview to a foreign nation.

    Once your petition is received and processed you would normally get a biometrics appointment in 30 - 60 days, and an interview @45 days after your biometrics appointment (give or take).

  3. #3
    Join Date
    Jun 2012
    Posts
    3

    Default Re: Removing Condition from Temporary Green Card with Spouse Being Abroad

    Quote Quoting Mr. Knowitall
    View Post
    So, you're a conditional LPR based upon marriage and you want to remove the conditions from your Green Card? You file form I-751 - you, not your wife, are the petitioner.

    The hearing on an I-751 petition can be rescheduled for good cause, but it is not recommended that you attempt to do that. If you already know that your spouse is not in the country and may not be back even by the time of the interview, that's not the sort of emergency that is likely to result in rescheduling. You will not be able to move the interview to a foreign nation.

    Once your petition is received and processed you would normally get a biometrics appointment in 30 - 60 days, and an interview @45 days after your biometrics appointment (give or take).
    Thanks for prompt & quick reply. Answer to your questions in the beginning is yes. I wasn't aware of filling the petition to remove condition on my own. I thought it was the same process as it was first time while applying for conditional green card.
    So, if my wife is not able to travel back for interview for a valid reason, can I appear in interview myself & explain the situation to the officer? Also, how likely it is to get called for interview as I've heard, it not always must & I might get permanent green card in mail.

    Thanks again.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Removing Condition from Temporary Green Card with Spouse Being Abroad

    Just FYI - not every petitioner is called for an interview, nor are they required to do the biometrics all over again.

    It's a case-by-case thing.

  5. #5
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Removing Condition from Temporary Green Card with Spouse Being Abroad

    Quote Quoting 1myself
    View Post
    So, if my wife is not able to travel back for interview for a valid reason, can I appear in interview myself & explain the situation to the officer?
    That's not a good idea.
    Quote Quoting 1myself
    Also, how likely it is to get called for interview as I've heard, it not always must & I might get permanent green card in mail.
    If you are a random case, your chances of being called are probably less than a coin toss. But if the USCIS has cause to believe an interview is advisable based upon the facts or history of an individual's case, that individual's chances of being interviewed could approach 100% - so the overall odds matter less than the details of a given case.

  6. #6
    Join Date
    Feb 2006
    Location
    NA
    Posts
    244

    Default Re: Removing Condition from Temporary Green Card with Spouse Being Abroad

    You will be called for Biometrics, it is part of the fee you pay will be for that appointment. However as noted, you may or may not need to appear with your spouse for an interview. In the case with my wife, we did not.

    If you do not file, you will lose your PR status, so whatever you do, absolutely file as soon as you are in the 90 day window. Your spouse will have to sign the form, but that can be accomplished mailing back and forth.

    When (IF) you get an interview date, you should plan on arranging for your wife to come back, even if it is only for a day or two. It is very important. Look for other family member to help for a short period, look for some temp hospice care. It will be costly, I am sure, but it is important.

  7. #7
    Join Date
    Jun 2012
    Posts
    3

    Default Re: Removing Condition from Temporary Green Card with Spouse Being Abroad

    Thanks a lot everybody for your time & valuable inputs. I really appreciate it. I'll sure keep all the info & suggestion in mind throughout the process.

    So, moving the interview date (if called/needed) is not a good idea at all? Does it really have a very bad impact or just a longer wait time?

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