Romoving conditions while I might be overseas?

[cutiebanker 0]

I have a few questions I hope peopel in the forum can help or share experience with. I've been married with a U.S. citizen for almost 3 years, yet I didn't get my green card till early Oct. 2008 (I didn't care so I delayed applying for a long time). anyway, the green card will expire early Oct. this year, which means I have to apply for the removal of conditions 2 months prior to the expiration if i'm not mistaken. My questions are as follows:

1. For the past 10 months I had to go back to my home country to deal with family emergency. Each time I stayed there for about 2-3 months and came back to the states to stay 3-4 weeks. Last October I came back and entered from a L.A airport w/o any prob. This early February, however, I entered from Anchorage airport (final destination: NYC but the airline stopped over at Anchorage first) and was taken to another room for further questions. Those were not tough questions, and I got in anyway. But that got me a bit worried cuz I have to leave again in 1 week and won't be back till less than 2 months later (around late April this year). I'm afraid that they won't allow me in since my conditional green card's about to expire in Oct this year, and they might give me trouble cuz I left the country for quite some times. I'm pregnant with a due date around late May so I'm really worried I'll be given trouble when coming back this April to welcome this new-born baby w. my hubby.

2. As my conditional green card will expire in Oct this year, I realize I have to apply for a removal of conditions around Aug or probably earlier. But after I give birth to my baby this May, I will have to head back to deal with family issue (my Dad's really sick and they really need help with family business) by late July or early Aug. What should I do with this situation? Any suggestions?

I'd appreciate very much any thought or suggestion you guys can give me here.

[v333k 59]

I have a few questions I hope peopel in the forum can help or share experience with. I've been married with a U.S. citizen for almost 3 years, yet I didn't get my green card till early Oct. 2008 (I didn't care so I delayed applying for a long time). anyway, the green card will expire early Oct. this year, which means I have to apply for the removal of conditions 2 months prior to the expiration if i'm not mistaken. My questions are as follows:

1. For the past 10 months I had to go back to my home country to deal with family emergency. Each time I stayed there for about 2-3 months and came back to the states to stay 3-4 weeks. Last October I came back and entered from a L.A airport w/o any prob. This early February, however, I entered from Anchorage airport (final destination: NYC but the airline stopped over at Anchorage first) and was taken to another room for further questions. Those were not tough questions, and I got in anyway. But that got me a bit worried cuz I have to leave again in 1 week and won't be back till less than 2 months later (around late April this year). I'm afraid that they won't allow me in since my conditional green card's about to expire in Oct this year, and they might give me trouble cuz I left the country for quite some times. I'm pregnant with a due date around late May so I'm really worried I'll be given trouble when coming back this April to welcome this new-born baby w. my hubby.

2. As my conditional green card will expire in Oct this year, I realize I have to apply for a removal of conditions around Aug or probably earlier. But after I give birth to my baby this May, I will have to head back to deal with family issue (my Dad's really sick and they really need help with family business) by late July or early Aug. What should I do with this situation? Any suggestions?

I'd appreciate very much any thought or suggestion you guys can give me here.

Several people have posted extended travel and I haven't heard of anyone denied entry into the US. I beleive they asked you some questions for their random process and nothing to do with the GC and travel. Where the questions related to your residence and extended travels or something else?

Usually, in order for you to maintain your continuous residence, you need to have physically lived in the US for 18 months out of the past 24 months (allowed 6 months total travel),but if you can get documentation about your fathers condition, and that has been the main reason you had to leave the US, then they might understand. Lifting conditions is more of a check to see if you are still married and that you are living in a good-faith marriage and not for immigration only. Go ahead and apply, which by the way, it is 90 days before GC expires.

They will send you a NOA which extends your GC by 1 year.

All this said, I suggest you apply and see what happens as the I-751 form doesn't ask for travel dates and durations.

If and when you apply for citizenship, that's when they will require continuous residence....

[cutiebanker 0]

Several people have posted extended travel and I haven't heard of anyone denied entry into the US. I beleive they asked you some questions for their random process and nothing to do with the GC and travel. Where the questions related to your residence and extended travels or something else?

Usually, in order for you to maintain your continuous residence, you need to have physically lived in the US for 18 months out of the past 24 months (allowed 6 months total travel),but if you can get documentation about your fathers condition, and that has been the main reason you had to leave the US, then they might understand. Lifting conditions is more of a check to see if you are still married and that you are living in a good-faith marriage and not for immigration only. Go ahead and apply, which by the way, it is 90 days before GC expires.

They will send you a NOA which extends your GC by 1 year.

All this said, I suggest you apply and see what happens as the I-751 form doesn't ask for travel dates and durations.

If and when you apply for citizenship, that's when they will require continuous residence....

Thanks for the quick response.

A few more questions:

1. When you say 90 days prior to the expiration, does it mean i can acutally start working on the application even earlier and make sure it arrives at whichever office I have to send it to 90 days before it expires? I assume it doesn't hurt if the application arrives earlier than 90 days before the expiration?

2. Will my husband and I be required to have another interview as they're reviewing and processing my application, i.e. I-751 form?

3. How long does it usually take for them to approve my application after I send it? What would happen if they approve my application while I'm in my home country again? I assume the approval would take place after my green card expires. In this case, can my husband mail me the renewed green card to make sure I won't be denied entry next time?

4. My baby will be travelling with me in a few months after she's born here cuz I can take better care of the baby. What should I do to get a proper travel document for her? I assume she'll have a U.S. passport, which we can apply for her. But how long does it take for her to get the passport? Would it be weird that the baby's travelling w. a U.S. passport while I am holding her in my arms travelling w. a conditional green card?

Many thanks to you all who share the experience and suggestions. My family back in my home country hopefully will take over what I have to do there by the end of this year or earlier next year, which is probably the limit I can bear cuz I really hope for me and my baby to be with my hubby after then.

[v333k 59]

I can answer some of the questions...

1. When you say 90 days prior to the expiration, does it mean i can acutally start working on the application even earlier and make sure it arrives at whichever office I have to send it to 90 days before it expires? I assume it doesn't hurt if the application arrives earlier than 90 days before the expiration?

You can prepare the application anytime you wish... just check their website and make sure the revision you have is still acceptable before you mail it. However, if they receive it even 1 day earlier than the 90 days, they will definitely return it. So, make sure you mail it knowing it will arrive within the 90 days.

2. Will my husband and I be required to have another interview as they're reviewing and processing my application, i.e. I-751 form?

Most people will not be required to have an interview... so it is up to them and their selection process.

3. How long does it usually take for them to approve my application after I send it? What would happen if they approve my application while I'm in my home country again? I assume the approval would take place after my green card expires. In this case, can my husband mail me the renewed green card to make sure I won't be denied entry next time?

The timing is really unknown for individual cases, but the majority get approved between 2-3 months if filing at CSC or 4-5 months if filing at VSC.

Once they receive your application, they will mail you a NOA letter which extends your GC for 1 year and that includes travel and employment eligibility. Then you should receive a biometrics appointment. Now the danger of you being outside the country is sometimes they request a second biometrics usually due to problems with the FBI reading or processing the ones you took. Also, sometimes, when they need additional evidence, they will send an RFE requesting either specific items or a more general style asking to provide any additional evidence you didn't provide when mailing your application.

4. My baby will be travelling with me in a few months after she's born here cuz I can take better care of the baby. What should I do to get a proper travel document for her? I assume she'll have a U.S. passport, which we can apply for her. But how long does it take for her to get the passport? Would it be weird that the baby's travelling w. a U.S. passport while I am holding her in my arms travelling w. a conditional green card?

<not sure about this>

[Brother Hesekiel 2,236]

Please allow me to be frank.

After reading what you wrote, twice, I clearly feel you already abandoned you residency here in the US and are just visiting to keep your Green Card alive. How can you afford to miss work for 10 months? How do you pay the bills? The rent or Mortgage? How many hundreds of thousands of dollars have you saved? How? Or did you work in Taiwan while there?

If I were the I.O. reading your I-751, these were the questions I would be asking you during the interview, and you should be prepared to have some good answers if it comes to this.

[Lona.C. 16]

my guess is her husband pays for it and suports her with finances ,

but you say you want to go back to your country in july/aug thats about the timeframe when you have to file ROC

I hope you know you will get a biometric apt wich is usualy send within a month after you file ROC ,

sure you could ask for a later date ,

also take into considerations they choose people for interviews at random ( doesnt happen often but it does happen )

[cutiebanker 0]

my guess is her husband pays for it and suports her with finances ,

but you say you want to go back to your country in july/aug thats about the timeframe when you have to file ROC

I hope you know you will get a biometric apt wich is usualy send within a month after you file ROC ,

sure you could ask for a later date ,

also take into considerations they choose people for interviews at random ( doesnt happen often but it does happen )

yes, my husband supports me with finances. also as i'm helping out w. my family business in another country, i have enough money to support myself as well.

i hope people here do understand that sometimes people make decisions out of a lot of concerns. similar decisions made by different people are not from the same considerations or reasons.

those were very tough decisions for me and my husband to make by living in different countries for a while and visiting each other and me being pregnant myself in another country, but thankfully i have a very understanding husband. btw, the reason i'll be back to the states to deliver my baby is because my husband insisted that he wants the baby born here (just like himself) and also he wants to be part of process (i hope that helps clear some people's doubts here).

as a lot of people here suggested, i could give up my green card if it's too much trouble. but as our marriage goes along with our baby involved, i'll have to deal with this issue again eventually. if i give up the conditional green card now, does it mean we'll waste the application fees and i will have to start over again from scratch even by then our marriage will be longer than 3-4 years with a baby in our life? any suggestions? any concerns i should bear in mind?

[franticsky 0]

Let me give you some facts , since you have stayed abroad on a GC for a period of more than 180 days ( 6 months) you have already abandoned your residency , and you cannot enter without applying for a re-entry permit

[v333k 59]

yes, my husband supports me with finances. also as i'm helping out w. my family business in another country, i have enough money to support myself as well.

i hope people here do understand that sometimes people make decisions out of a lot of concerns. similar decisions made by different people are not from the same considerations or reasons.

those were very tough decisions for me and my husband to make by living in different countries for a while and visiting each other and me being pregnant myself in another country, but thankfully i have a very understanding husband. btw, the reason i'll be back to the states to deliver my baby is because my husband insisted that he wants the baby born here (just like himself) and also he wants to be part of process (i hope that helps clear some people's doubts here).

as a lot of people here suggested, i could give up my green card if it's too much trouble. but as our marriage goes along with our baby involved, i'll have to deal with this issue again eventually. if i give up the conditional green card now, does it mean we'll waste the application fees and i will have to start over again from scratch even by then our marriage will be longer than 3-4 years with a baby in our life? any suggestions? any concerns i should bear in mind?

Well here is an advice. Deliver your baby in the US.... whatever it takes, make it happen. If you deliver overseas, it might be like opening a can of worms. Others have suffered with USCIS about paternity and requested DNA tests and sometimes still refused to accept that your US husband is your child's father...

I am saying this because you are a "family" person, so think about YOUR family.

[cutiebanker 0]

Let me give you some facts , since you have stayed abroad on a GC for a period of more than 180 days ( 6 months) you have already abandoned your residency , and you cannot enter without applying for a re-entry permit

correct me if i'm wrong, it occurs to me that you'll be denied entry w/o a re-entry permit only when you stay abroad on a green card for continuously more than 6 months, which is not the case for me. thanks anyway.

[v333k 59]

correct me if i'm wrong, it occurs to me that you'll be denied entry w/o a re-entry permit only when you stay abroad on a green card for continuously more than 6 months, which is not the case for me. thanks anyway.

I beleive you are correct. Re-entry permit is required when leaving for a period of 6 months or longer.

[franticsky 0]

correct me if i'm wrong, it occurs to me that you'll be denied entry w/o a re-entry permit only when you stay abroad on a green card for continuously more than 6 months, which is not the case for me. thanks anyway.

if you have not stayed abroad for more than 6 months it is fine

[cutiebanker 0]

Well here is an advice. Deliver your baby in the US.... whatever it takes, make it happen. If you deliver overseas, it might be like opening a can of worms. Others have suffered with USCIS about paternity and requested DNA tests and sometimes still refused to accept that your US husband is your child's father...

I am saying this because you are a "family" person, so think about YOUR family.

thank you soo much for your advice. you've been the most helpful so far.

my hubby's cousin is an ob-gyn, who will help me deliver the baby and take good care of me (btw, my hubby's a physician too in another field).

i will surely deliver my baby in the states unless i go into early labor while in another country (i hope not. lots of nice people've been praying for my and my baby's good health).

i have strong confidence though that everything'll be fine.

thank you again.

[Brother Hesekiel 2,236]

I am not judging you, and I do understand that people sometimes have to deal with a poor set of cards just to make ends meet. My previous advice was purely based on my understanding of your case, which means that you might have to expect that an Immigration Officer may see it the same way.

Thus, you might have to expect questions that you have to answer. That you basically live in another country and help out with the family business in another country is a valid explanation, a believable one, but it doesn't change the fact that you are walking a thin line if you want to keep your Green Card.

No reentry permit is needed until a year has passed, but once you left for more than 6 months, the Border and Customs Officer at the P.O.E might assume that you abandoned residency and thus may ask you to prove that you did not.

[cutiebanker 0]

I am not judging you, and I do understand that people sometimes have to deal with a poor set of cards just to make ends meet. My previous advice was purely based on my understanding of your case, which means that you might have to expect that an Immigration Officer may see it the same way.

Thus, you might have to expect questions that you have to answer. That you basically live in another country and help out with the family business in another country is a valid explanation, a believable one, but it doesn't change the fact that you are walking a thin line if you want to keep your Green Card.

No reentry permit is needed until a year has passed, but once you left for more than 6 months, the Border and Customs Officer at the P.O.E might assume that you abandoned residency and thus may ask you to prove that you did not.

i'm sorry but i did clearly sense strong doubts and criticisms from your previous msg. though you thought you gave advide, unfortunately, i did not feel it's a good-will msg at all accusing me of visiting just to keep my green card alive--it's as if you have already jumped into a conclusion about me just based on a short description of my situation. it's not just making ends meet when you both went to super expensive elite medical school and grad schools and both have super heavy student's loans on your shoulders. and when your family back in your home country needs your help, maybe it's easier for you not to give any damn about it and walk away.

as i indicated, i will give up my green card if it's too much trouble. and i would appreciate any real advice or sharing of experience here as to if we'll waste the application fees and have to start over from scratch when i apply next time while my marrige is longer than 4 or 5 years by then and has a baby involved.

btw, i hope you don't take offense but the pic you have here freaks me out--it looks like Chucky from the horror movie.