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  • i-751

    My wife and I were in china when when we filed the I-751 and then forgot about it since we intended to be back in the US before too long. However she got pregnant and a doctor advised her not to travel. She had the baby and I made the decision not to travel with out son until he was at least half a year old or so. It is now about nine months. We knew that her green card had expired (august 2008) but also knew we had filed the I-751. She came to the US originally on a K-1 visa, we were married, etc and had no troubles with anything involved in the process. Everything was so easy. We would now like to return to the US but USCIS said we did not file the I-751 although I have a receipt from EMS indicating we did mail something to the Vermont office almost 3 months to the day prior to expiration of her green card. I was reading something else here from someone who filed his I-751 2 and a half years late. Should we do this? Or should we just file for an I-130? I am also looking into getting an SB-1. Any help would be appreciated. We do not know what happened with the I-751 since everything was mailed to our address in the US (expecting to be back there). We were also told by the EMS that our I-751 packet had made it to Vermont. So whether it was rejected for some reason or got lost somehow I cannot say. If it was rejected wouldn't they have a record of receiving it?

  • #2
    My wife and I were in china when when we filed the I-751 and then forgot about it since we intended to be back in the US before too long. However she got pregnant and a doctor advised her not to travel. She had the baby and I made the decision not to travel with out son until he was at least half a year old or so. It is now about nine months. We knew that her green card had expired (august 2008) but also knew we had filed the I-751. She came to the US originally on a K-1 visa, we were married, etc and had no troubles with anything involved in the process. Everything was so easy. We would now like to return to the US but USCIS said we did not file the I-751 although I have a receipt from EMS indicating we did mail something to the Vermont office almost 3 months to the day prior to expiration of her green card. I was reading something else here from someone who filed his I-751 2 and a half years late. Should we do this? Or should we just file for an I-130? I am also looking into getting an SB-1. Any help would be appreciated. We do not know what happened with the I-751 since everything was mailed to our address in the US (expecting to be back there). We were also told by the EMS that our I-751 packet had made it to Vermont. So whether it was rejected for some reason or got lost somehow I cannot say. If it was rejected wouldn't they have a record of receiving it?

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    • #3
      Hi CaptainMephisto,

      Please check out this site regarding SB-1.

      http://www.immihelp.com/greenc...g-resident-visa.html

      As far as the I-751 filed on behalf of your spouse, you should schedule an Infopass to determine where it officially stands. You should have done a change of address so any USCIS correspondence would have been sent to you in China.

      Anyway, good luck and congratulations on the birth of your son!

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