I-751 Filing - German husband who travels frequently for business

[ccatalyst 0]

Hi everyone! Happy New Year!

Need some advice on the I-751 filing. My husband (German) and I (US citizen) were married back in May 21, 2007 and getting ready to file for I-751 in Sep 2010, 3mths before the green card expires.

We've had quite a hard road to get to where we are now. Due to the fact that my husband must travel frequently for business around the world, we had to file for the green card outside of the US, which meant that he could not enter the US during this process. And as a result while waiting for approvals, both of us now have jobs based in Germany. (Still need to eat! ;D ) Of course now that he has his green card, we travel frequently back to the States to visit family, friends, for vacation, etc. But here is what may pose a problem and what we need advice on...

I read that it is possible for us to joint file the I-751 while we are out of the country, but we would need to be in the US to handle the biometric appointment or if an additional interview is needed. The problem that we might run into is what I read below

According to the FAQ on this site (Section 7.0 Lifting of Conditional Status), the letter that would be received states (in red):

"Nigel reported the text of this letter in a newsgroup posting (March 2000) as follows:

(...begin quote...)

File Number:

Date of Decision: 03/08/2000

New Classification

Symbol: IF1

Admission Date: 01/29/1988

Your request for the removal of the conditional basis of your permanent

resident status has been approved. You are deemed to be a lawful permanent

resident of the United States as of the date of your original admission or

adjustment of status.

You must obtain a new alien registration receipt card (Form I-551). To do

so, appear in person at the Service office show below. Bring two recent

photos of the same type as on your present alien card (if needed, exact

specifications may be obtained from the Service office shown below). Your

new alien registration receipt card will be mailed to you within six months.

You should not travel outside the United States before receiving your new

card unless you have first received a passport endorsement from this Service

indicating that your new card is being processed.

(...end quote...)

Can someone help explain this? Does this mean once we get a letter like this, we should set up an appointment with USCIS or INFOPASS to get some sort of passport endorsement so that during this potentially 6 month duration before receiving the new green card, my husband can still travel abroad for all his regular business trips?

Any advice anyone can give would be tremendously helpful.

C&C

[v333k 59]

Hi everyone! Happy New Year!

Need some advice on the I-751 filing. My husband (German) and I (US citizen) were married back in May 21, 2007 and getting ready to file for I-751 in Sep 2010, 3mths before the green card expires.

We've had quite a hard road to get to where we are now. Due to the fact that my husband must travel frequently for business around the world, we had to file for the green card outside of the US, which meant that he could not enter the US during this process. And as a result while waiting for approvals, both of us now have jobs based in Germany. (Still need to eat! ;D ) Of course now that he has his green card, we travel frequently back to the States to visit family, friends, for vacation, etc. But here is what may pose a problem and what we need advice on...

I read that it is possible for us to joint file the I-751 while we are out of the country, but we would need to be in the US to handle the biometric appointment or if an additional interview is needed. The problem that we might run into is what I read below

According to the FAQ on this site (Section 7.0 Lifting of Conditional Status), the letter that would be received states (in red):

"Nigel reported the text of this letter in a newsgroup posting (March 2000) as follows:

(...begin quote...)

File Number:

Date of Decision: 03/08/2000

New Classification

Symbol: IF1

Admission Date: 01/29/1988

Your request for the removal of the conditional basis of your permanent

resident status has been approved. You are deemed to be a lawful permanent

resident of the United States as of the date of your original admission or

adjustment of status.

You must obtain a new alien registration receipt card (Form I-551). To do

so, appear in person at the Service office show below. Bring two recent

photos of the same type as on your present alien card (if needed, exact

specifications may be obtained from the Service office shown below). Your

new alien registration receipt card will be mailed to you within six months.

You should not travel outside the United States before receiving your new

card unless you have first received a passport endorsement from this Service

indicating that your new card is being processed.

(...end quote...)

Can someone help explain this? Does this mean once we get a letter like this, we should set up an appointment with USCIS or INFOPASS to get some sort of passport endorsement so that during this potentially 6 month duration before receiving the new green card, my husband can still travel abroad for all his regular business trips?

Any advice anyone can give would be tremendously helpful.

C&C

I'll start with stating the initial problem. The US issues green cards to people based on wanting to live in the US for a legitimate reason, as in your case good-faith marriage to a USC.

In order for a GC holder to maintain residency, they need to have lived in the US for 18 months out of the last 24 months (includes the 90 days prior to ROC). In your case, it appears like you are visiting the US.

There is another thread that was started that is very similar to your situation.

http://www.visajourney.com/forums/index.php?showtopic=234119

Please read it through and see if it starts answering some of your questions.

to answer your question, yes, usually that means an I-551 stamp on your passport that shows you are an LPR and you are waiting for your GC to be issued.

Not sure if that letter applies though since it is dated 2000 and many many things have happened since then...

Good luck!

Edited January 6, 2010 by v333k

[Otto 83]

Can someone help explain this? Does this mean once we get a letter like this, we should set up an appointment with USCIS or INFOPASS to get some sort of passport endorsement so that during this potentially 6 month duration before receiving the new green card, my husband can still travel abroad for all his regular business trips?

You won't get a letter that resembles the 10-year old example you posted, but your first NOA (when you file the I-751) will be not only proof you've filed to remove conditions but will also extend the PR/Green Card status by one year; this would be similar to getting his passport endorsed. (Am not certain how things worked back in 2000.)

[ccatalyst 0]

Thanks for the thread link, v33k. Our case I feel is different from theirs though since we do have residence here in CA as well.

- We have residence here in CA along with other joint properties, bank accounts, car and file taxes jointly (filed as a part-time resident) here in the States. We also file taxes in Germany of course since we reside there as well.

- We have been staying a good portion at a time at our CA residence. US only tracks when you enter the US, not when you leave.)

We do want to live in the US but it was not possible at this time. Filing for green card outside of the US took roughly over a year. During that time, we had to find jobs outside of the US in order to have income to live off of. And with the economy the way it has been here in the States, although we received a green card, we didn't want to risk the security of our current jobs that we both love. These jobs allow us to live in both countries. Hope that makes sense.

We have no problems showing our good-faith marriage since we are happily married. From the other threads, we can also show the overseas joint accounts to prove this as well.

I'll start with stating the initial problem. The US issues green cards to people based on wanting to live in the US for a legitimate reason, as in your case good-faith marriage to a USC.

In order for a GC holder to maintain residency, they need to have lived in the US for 18 months out of the last 24 months (includes the 90 days prior to ROC). In your case, it appears like you are visiting the US.

There is another thread that was started that is very similar to your situation.

http://www.visajourney.com/forums/index.php?showtopic=234119

Please read it through and see if it starts answering some of your questions.

to answer your question, yes, usually that means an I-551 stamp on your passport that shows you are an LPR and you are waiting for your GC to be issued.

Not sure if that letter applies though since it is dated 2000 and many many things have happened since then...

Good luck!

Edited January 6, 2010 by ccatalyst

[ccatalyst 0]

Thanks for the info, Otto und Karin.

Yeah, I figured the letter might be outdated but it was the only one I found so far in the forums. Is there somewhere in the forum that shows a more updated version of the letter we would receive?

You won't get a letter that resembles the 10-year old example you posted, but your first NOA (when you file the I-751) will be not only proof you've filed to remove conditions but will also extend the PR/Green Card status by one year; this would be similar to getting his passport endorsed. (Am not certain how things worked back in 2000.)

[Brother Hesekiel 2,236]

. . . both of us now have jobs based in Germany . . . . we travel frequently back to the States to visit family, friends, for vacation, etc.

I'm not shy when it comes to make the rules fit, and I am admittedly partial to fellow Germans, but if you are honest to yourselves, you'll have to admit that your husband did not reside in the United States during the past year since he received his LPR status and his Green Card.

You took precautions to make sure everything goes smoothly, but those were really means to disguise the obvious abandonment of residency. Will USCIS find out? Maybe they will, maybe they won't. Nothing beats the excitement when gambling with immigration officials about one's legal status, not even Roulette in Las Vegas.

You cannot file the I-751 from outside the US, for obvious reasons. You'll have to mail it from within the US, and your husband will have to attend the biometrics appointment a short while afterward. That can be three weeks after the NOA1 or 3 months. Most couples who file jointly for ROC do not have an interview, but you may have one. Only the witch with the tarot cards really knows for sure. Plan on spending lots of money on air fare to keep up the charade.

But there are positive aspects to the whole case as well. The I-751 costs $545 and a DCF only a few hundred bucks more. The result in both cases would be equal: due to the fact that you guys are married for over two years by the time it's all said and done -- a 10-year Green Card, with no strings attached. If you figure in the savings for the aforementioned air fare, you may break even either way.

Unpleasant paperwork is required in both cases, and since your husband already has a Green Card, it's almost guaranteed that everything would go smoothly the second time around. Plus, as you can control the timing of the whole process as well by filing once you're ready to move to the United States, you might want to consider the alternative.

Edited January 6, 2010 by Just Bob

[v333k 59]

Thanks for the info, Otto und Karin.

Yeah, I figured the letter might be outdated but it was the only one I found so far in the forums. Is there somewhere in the forum that shows a more updated version of the letter we would receive?

There are images of such letters available here on visajourney.

You can browse through here and find some samples - but I think they are outdated too

http://www.visajourney.com/gallery/index.php?cat=3

One other thing, is I don't think it will be extremely difficult to get approved for ROC and a 10-year GC, but what could happen is when you file for naturalization (if you plan to do so) then the USCIS may not consider all this time as residence, and you have to start counting 3 years again before being able to apply.

good luck!

[ccatalyst 0]

JustBob -- feedback from a fellow German is always welcome.

v33k -- thanks for the extra examples and well wishes.

You've both given us a lot to think about. We will be sorting out our timeline soon. Thanks again!

[rika60607 215]

Where is this coming from?

In order for a GC holder to maintain residency, they need to have lived in the US for 18 months out of the last 24 months (includes the 90 days prior to ROC).

Although the cost of DCF filing may be close to cost of I-751 filing, the new DCF requires a LOT of supporting documents. Many of which have to be translated, certified, notarized, etc... that's way more painful than ROC.

Also, you may think that US government does not know when you leave the country. But DHS surely knows. They keep track of all the international travel we do

[ccatalyst 0]

That's understandable and something I didnt know before. Thanks for that piece of knowledge rika60607! :smile:

The tracking of our international travel is not what we are banking on for time spent in the US so that is not an issue. I am just hoping that they are understanding to the travel needed for the types of work we do is all. But if they're primary concerns are that we married in good faith and intend to make US our home, then we should hopefully not run into any issues.

Where is this coming from?

Although the cost of DCF filing may be close to cost of I-751 filing, the new DCF requires a LOT of supporting documents. Many of which have to be translated, certified, notarized, etc... that's way more painful than ROC.

Also, you may think that US government does not know when you leave the country. But DHS surely knows. They keep track of all the international travel we do

[Brother Hesekiel 2,236]

Although the cost of DCF filing may be close to cost of I-751 filing, the new DCF requires a LOT of supporting documents. Many of which have to be translated, certified, notarized, etc... that's way more painful than ROC.

Also, you may think that US government does not know when you leave the country. But DHS surely knows. They keep track of all the international travel we do

Rika,

add the cost of 2 round trip tickets from Germany to the US for the attempt to pull off the very shaky I-751 application and then tell me what cost more: I-751 or DCF.

Regarding the documents . . . they have all of those since their first AOS: translated birth certificate, US marriage certificate, etc. They don't need anything new, really.

Next DCF the hubby gets a 10-year card, easily and if they were to manage to remove conditions, which I personally doubt they can, they again would have to deal with continued abandonment since they still live in Germany.

DCF -- once they are ready to move to the US, whenever that maybe -- is the much better option.

[rika60607 215]

New police certificates (translated) and new medical exam will be needed for DCF.

For people who have enough money, "money cost" is less important than "time and effort" cost.

Clearly, ROC requires much less effort - just print out some docs and photos and throw in your federal tax transcripts (a phone call to the IRS away).

One roundtrip ticket will be needed for biometrics for ROC (and will help to keep GC alive anyway).

It's only really a question of what's easier for a particular case. If you don't have to collect a bunch of docs from various countries and translate them, perhaps DCF is easier. But I disagree that their ROC application is shaky. As long as their GC is not confiscated at the POE, LPR does not declare himself non resident and they file US taxes, they are residents... and as long as they are in good relationship and can prove it, conditions should be removed.

Rika,

add the cost of 2 round trip tickets from Germany to the US for the attempt to pull off the very shaky I-751 application and then tell me what cost more: I-751 or DCF.

Regarding the documents . . . they have all of those since their first AOS: translated birth certificate, US marriage certificate, etc. They don't need anything new, really.

Next DCF the hubby gets a 10-year card, easily and if they were to manage to remove conditions, which I personally doubt they can, they again would have to deal with continued abandonment since they still live in Germany.

DCF -- once they are ready to move to the US, whenever that maybe -- is the much better option.