I-751 and International Move Interplay

[trablus 0]

Hello everyone:

I hope you are all doing well, I have a question to ask, and I am in dire need of assistance.

We applied for the I-751 Conditions to Remove the Conditions of Residence for my wife a few months late in 2008. In any case we obtained a receipt notice, but the USCIS issued two different receipt numbers.

Upon calling them the customer service rep notified me that only one is correct.

At that time I also moved to another city within the same state, but changed my address online and via mail. Before our move my wife was called in for fingerprinting and signs were showing that her 10 year permanent residency card was to arrive.

So after moving and making the formal change of address request, with the economy the way it was, I received a job offer overseas, after visiting family.

Before leaving my wife, with her initial permanent residency card expired, was given a temporary stamp in her foreign passport for travel.

Here are my questions:

(1) We are still overseas, and now her passport has expired, and her temporary stamp will no longer be valid.

Thus, we are soon to renew her passport, and send it back to the US to get the temporary stamp again, so that we can return for a short trip to the States.

Is this the best option at this time?

(2) Also, should I send a formal letter to the Texas Service Center or the local field office to see if perhaps the 10 year permanent residency card was sent, but came back undeliverable?

(3) Since we will be overseas, and my wife has been a permanent resident since 2006, and should have received her 10 year permanent residency card recently, what should we do on this front?

(4) Should we apply I-191 or the I-131?

(5) Also, since we have technically been married for over 3 years, and a Permanent Resident married to a U.S. Citizen may apply after 2 1/2 years, can my wife apply for Naturalization?

(6) This could be tricky since we have been outside the country for over 6 months, due to employment reasons, any advice?

Thanks in advance!

[Brother Hesekiel 2,236]

The overwhelming majority of ROC cases filed for in late 2008 are by now long approved or denied. The first thing I would do now is to go online to the USCIS Web site and check the status of the case so that you know what's going on.

Edited September 13, 2009 by Just Bob

[rika60607 215]

...or call USCIS at 1-800-375-5283.

as far as (5-6) goes, unless you are in the military or government, being out of the US for more than 6 months means restarting the clock on the 3 years she needs to accumulate to be able to file for citizenship.

[NycBra 4]

Even more important is to call USCIS since her green card (10 years one) may have been delivered. Usually you need to report ASAP is you lose or your card is stolen. In your case, you never got it and you don't know for sure if it was returned to USCIS or not. So, call them tomorrow.

I think she first need her permanent green card on hand and you both should think of alternatives.

As per the stamp, can't you go to the US consulate in the country where you are now? The stamp on her expired passport, if the stamp is valid you MIGHT (not sure on this) be able to use it with the new passport, like when you have a valid visa in an expired passport you need to carry both passports (the one with valid visa and the new passport).

good luck!

Edited September 14, 2009 by nycbra