Renewing your green card?

Question

My wife 2 yr. green card expires in 10/08 and she is in Costa Rica and can not come back for 3 months. Can we renew her 2yr. green card to 10 yr. green card without her be present in this country. We already filed the paperwork with INS before she left the country. Can this be done and if so will we have to go in for an interview together or will INS simply just send the new card to our address? Any help is appreciated.

Answer 1

So far so good for you. A petition may be filed regardless of whether the alien is physically present in the United States.

She must return to the United States to comply with the interview requirements contained in the Act. Once the petition has been properly filed, the alien may travel outside the United States and return if in possession of the expired or unexpired green card and evidence of filing the I-751 Form.

That documentation would be the Notice of Action form, I-797. So, she can return to the U.S. with her conditional green card and the I-797 showing that she filed an I-751 within the past year. The I-797 will only extend the validity of her green card for one year.

Answer 2

If they want to interview her she needs to be here.

She most certainly will have to be back here before her 2 year card expires.

Sometimes it's possible to lift conditions without an interview if the evidence sent with the petition is compelling proof of a bona fide marriage. Your wife not living with you right now isn't good.