Didn't file Removal of Conditions, where to proceed?

[toongirl1892 1]

Hello all,

In need of help here. I'm the USC, my husband is UK. Right before we were due to remove conditions on my husband's 2-year green card, we went on holiday in UK. Due to a medical emergency while pregnant, we had to stay. Our son was born in the UK.


We weren't sure to stay or go, but now we know we must go back. With all the research I've done, it seems as though we have to start the process all over again via CR-1. We've been married three years. Am I correct?

[milimelo 4,413]

Yes. File I-130 with London Embassy if you're still in the UK.

[2ndMessiah 184]

Well, if you are in the UK legally and meet resident requirements, you can do Direct Consular Filing.

A quicker way to get him a new Greencard.

Also you can do a CRBA for your son. He will get his US citizenship that way. You can also apply for your sons US passport at the same time.

[Pitaya 2,577]

More CRBA info:

http://www.visajourney.com/forums/forum/154-consular-reports-of-birth-abroad-crba/

http://travel.state.gov/content/passports/english/abroad/events-and-records/birth.html

Good luck on your immigration journey.

[NikLR 13,227]

Yes get the CRBA and do DCF.

[toongirl1892 1]

Thanks all! Unfortunately, I have to go back to the US because of my family emergency problems, which we're anticipating will take a long time. My son is getting his US passport and CRBA in my absence. We were in the application process of getting everything sorted in the UK, but will have to abandon that.

It doesn't seem like I'll have enough time to file via Direct Consular, soooooooo here we go again. Hmpf.

On a side note: I'm also trying to find out a timeframe when my husband will be getting his letter for biometrics/the biometrics apt date from when we apply. We're hoping there's a few month gap he can come visit me in the US while the paperwork is being filed. Does anyone have any idea??

Edited June 8, 2014 by toongirl1892

[NikLR 13,227]

Do DCF before you leave! You don't have to STAY in the UK as long as you qualify for DCF you should be fine. If you don't have time, you don't, but it would save you about 8 months if not more.

Biometrics for IR1 happens at the interview, your husband will not be coming to the USA for that.

Here is a flow chart for your reference for the IR1 path: https://docs.google.com/file/d/0B9bvTEwLyHz1aW0yTWRqa3lqYzA/edit

and also a quick spousal guide: http://www.visajourney.com/wiki/index.php/EZGuideSpouse

[2ndMessiah 184]

Did you try and contact the London Embassy an explain why your husband did not file ROC and see if they can give you an extension for reentry into the US and do the ROC as normal. I would have thought maybe you had extenuating circumstances.

[Boiler 44,873]

Seems the OP is in the UK as a visitor so DCF does not apply.