Can I file I-751 from another country?

[irene5269 0]

Hello Everyone,

My situation is this: My husband (Italian) and I (American) left the U.S. in October of 2008 without filing for a reentry permit. Time did not allow it as we were coming for his grandfather's death. He was diagnosed with terminal lung cancer and was told he only had a short time to live. We didn't expect that we'd need the permit since our visit would surely not be over 6 months, let alone a year. Well grandpa held on until June and then passed away. Timewise, we still could've returned to America without having the reentry permit but we found ourselves in another situation. I was 8 months pregnant. My doctor recommended that I not fly considering my advanced stage of pregnancy. I've since given birth, of course, but we still could not leave by our October deadline. My baby is only 3 months old and we're still getting her vaccines done and have yet to reach the consulate here in Italy to file for her American birth certificate and passport which we'll need to make the trip. We want to wait until her little immune system is stronger before we take her to a big city like Rome to file for these things. I know that to return to America we'll have to file a I-751 returning resident visa but I wanted to know if I should file to have the conditions of my husbands greencard lifted first. The 2 year anniversary date for his greencard is April 10th. We fear that if we file for the returning resident visa now, we many not get the approval until after April which means that we'd be late in filing to lift the conditions. If we're able to lift the conditions BEFORE filing for the I-751, that would be ideal.

My question is, can we file an I-751 from another country? We are not here for military reasons, as I've stated, but we do have a premanant residence in America. I've not read anything that says you CAN'T do this, in fact, I haven't found any information on this situation at all. Hence my presence here.

Thanks to anyone who can help us with this!

[Coco&Kitten 42]

If we're able to lift the conditions BEFORE filing for the I-751, that would be ideal.

My question is, can we file an I-751 from another country? We are not here for military reasons, as I've stated, but we do have a premanant residence in America. I've not read anything that says you CAN'T do this, in fact, I haven't found any information on this situation at all. Hence my presence here.

Thanks to anyone who can help us with this!

But isn't the form I-751 the same as lifting conditions? somebody else correct me if I am wrong.

I heard from somebody else here who was filing I-751 from another country, in principle you can do it, but you have to prove residency in the US so it might be tricky if you have not been living here. Although I think in your situation and given all the facts you have enough proof to show why you have not been able to live in the US till now.

Hope someone with more knowledge can help you on this.

Edited November 16, 2009 by Coco&Kitten

[irene5269 0]

bump...please help!

[Chica Yeyé 41]

You have not resided in the US since October of 2008. Chances are you have lost your permanent resident status since you left without a reentry permit. Contact an attorney, but my relatively educated guess is you are about to begin the entire visa process once more.

[payxibka 10,047]

I-751 is NOT a returning resident visa... In order to return you wil need to file an I-131 for a re-entry permit.... I would be more concerned that your husband's status as a resident may have already been deemed abandoned due to the time outside the USA...

[Chica Yeyé 41]

I-751 is NOT a returning resident visa... In order to return you wil need to file an I-131 for a re-entry permit.... I would be more concerned that your husband's status as a resident may have already been deemed abandoned due to the time outside the USA...

Since they did not file for the reentry permit before hand, are they even eligible to remove conditions? I am not too sure they are.

[payxibka 10,047]

.....

Edited November 17, 2009 by payxibka

[payxibka 10,047]

I-751 is NOT a returning resident visa... In order to return you wil need to file an I-131 for a re-entry permit.... I would be more concerned that your husband's status as a resident may have already been deemed abandoned due to the time outside the USA...

Since they did not file for the reentry permit before hand, are they even eligible to remove conditions? I am not too sure they are.

I believe you could be correct... the status as a LPR is most likely been abandoned...

For a returning resident visa it begins with the consulate and a DS-117

http://travel.state.gov/visa/immigrants/info/info_1333.html

Edited November 17, 2009 by payxibka

[lucyrich 20]

You have two basic options to pursue. One, you could try and keep the green card already issued and prove that you have been residing in the US the entire time since the green card was issued. Two, you could say you stopped living in the US in October of 2008, and you now want to live there again, applying for a new visa.

I'm not sure which would be easier or quicker. You may want to contact a US consulate in Italy. You'll have to contact them anyway for your baby's consular report of birth abroad and US Passport. You may want to find out if you're eligible for direct consular filing of an I-130 to start a new immigrant visa process (do YOU have some sort of legal residency in Italy?)

If you get a new visa, and if your husband enters the US on the new visa after your second wedding anniversary, that conveniently avoids the whole I-751 removal of conditions process entirely, since his new status will not have conditions attached.

[lucyrich 20]

A re-entry permit is not possible, since you must be physically present inside the US to file for one (you must file for it before you leave). But this case looks like it fits perfectly the requirements for a returning resident visa (SB-1)

http://travel.state.gov/visa/immigrants/info/info_1333.html

Permanent resident aliens who are unable to return to the United States within the travel validity period of the Alien Registration Receipt Card, or the Reentry Permit, may apply to the nearest U.S. consular office for a special immigrant Returning Resident (SB-1) visa. To qualify for such status aliens must show:--

That they were lawful permanent residents when they departed the United States. -- That when they departed they intended to return to the United States and have maintained this intent: -- That they are returning from a temporary visit abroad and, if the stay was protracted, that it was caused by reasons beyond their control and for which they were not responsible; and -- That they are eligible for the immigrant visa in all other respects.

I don't know enough about the SB-1 process to have any idea whether it's easier than starting over, but that's something to research.

[Chica Yeyé 41]

Exactly right, and much more elegantly put than I would have

[irene5269 0]

We have completely legitamit reasons for being outside the U.S. for this long so filing for the returning resident visa is totally possible. But I'm with you. I don't know if it'd just be easier to refile everything. I can, in fact, do a direct consular filing here in Rome as I have the Italian equivilant of a greencard. They issue it for life and they don't care if I live outside of Italy for 10 years. Pretty cool, I think. Anyway, I'm afraid that if we file for the reentry permit, it won't be approved in time to file to have the conditions lifted and we run the risk of having to start all over anyway. I think, in the long run, it may be easier and less expensive to just start all over. We did a direct consular filing initially and it was a breeze (after having to cancel our filing with the california service center because it was taking FOREVER). It's just such a pain to go through all the vaccine and tax ####### again. AHHH!

Thanks for your help everyone!

[Chica Yeyé 41]

The reentry permit is something you file for before leaving the US

Do the DCF once you are ready to move back and reside in the US

[irene5269 0]

a reentry permit is not what I'd mentioned but rather a returning resident visa. Which we are, in fact, able to do. I am thinking now that just starting over might be trhw best option anyway. We did the direct consular filing last time and it was a breeze. In litle over a month we were approved and in America. Thanks for you help everyone!