Expired 10 year greencard- and overseas

[nane1104 146]

I met an old friend of mine yesterday and she showed me her greencard that expired in 2007 already. She has been living here in Germany on her husbands military orders for over 7 years and now they are moving back to the US in July.

She isn't worried at all about her expired card but couldn't really explain how it will work out for her when she is entering the States.

She isn't even going together with her husband, so she won't have his military orders.

She told me she would have to get a letter from the US embassy here in Frankfut but I still can't wrap my mind around the fact that her gc is not valid anymore. I mean, she can't use the VWP to enter, can she? And then extend her card when she is back in the US?

I asked her why she didn't extend it before it expired and she just said she never needed it so she put it off.

I would hate so see her in trouble at the border, does anybody know if and what she'd need to do before she leaves?

Thanks so much!!

[canadian_wife 1,828]

She certainly needs to contact the consulate in Germany before she leaves. She should not enter as a tourist with immigrant intent, that is visa fruad and likely won't work anyway.

Have her contact the consulate ASAP

Good luck.

[nane1104 146]

She certainly needs to contact the consulate in Germany before she leaves. She should not enter as a tourist with immigrant intent, that is visa fruad and likely won't work anyway.

Have her contact the consulate ASAP

Good luck.

She is definitley going to the embassy but she said to get a letter from them since she can't travel on her husbands orders. I just don't get how and if that will work if her gc has been expired for over 3 years now.

[john_and_marlene 162]

Just because her GC is expired does not mean that she is no longer an LPR. Her status is preserved because of the military assignment of her husband regardless of how long it has been.

[nane1104 146]

So with the 10 year gc and her military status, there is no such thing as abandoning your residency?

What if you are in the US and your gc expires? Do you always have to renew it on time?

[milimelo 4,550]

So with the 10 year gc and her military status, there is no such thing as abandoning your residency?

What if you are in the US and your gc expires? Do you always have to renew it on time?

No, you don't. Since they put the expiration dates on the GCs - now 10-years (before they didn't have expiration dates) you are recommended to get it 3-6 months before it expires. If it does expire you can still file an I-90 and get a new one with no questions asked. I think we had a question about this recently where someone's GC was expired for over a year and they had no problems.

[nane1104 146]

Good to know, Thank you!!

[JimVaPhuong 4,863]

Just because her GC is expired does not mean that she is no longer an LPR. Her status is preserved because of the military assignment of her husband regardless of how long it has been.

This is correct. Members of the military, civil service hires, and their dependents, can stay outside the US for the duration of their official assignment (plus four months, if necessary), and not lose their status. She can travel with her expired green card. Normally, she should also have a copy of her husband's orders, but a travel authorization from a US embassy or consulate would also work. She'll need to file an I-751 as soon as she returns to the US.

[nane1104 146]

Why would she need to file a I-751 once she returns? I thought she would just get a new card?

I am trying to remove conditions right now here from Germany, being on my husbands orders but we should be leaving together next year so yes, I should be fine with a copy of his orders.

Her husbands orders are not sufficient if she doesn't travel with him. He is already leaving in April and she will follow in July. That's why she needs to get that travel document.

I was just fearing she would have problems travelling and trying to get those documents with an expired greencard.

[Rebecca Jo 1,962]

She certainly needs to contact the consulate in Germany before she leaves. She should not enter as a tourist with immigrant intent, that is visa fruad and likely won't work anyway.

Why would you say there could be a problem with "immigrant intent"?

Just because her GC is expired does not mean that she is no longer an LPR. Her status is preserved because of the military assignment of her husband regardless of how long it has been.

Her status is preserved irregardless of her military status.

I think you know that but the wording is certainly confusing.

This is correct. Members of the military, civil service hires, and their dependents, can stay outside the US for the duration of their official assignment (plus four months, if necessary), and not lose their status. She can travel with her expired green card. Normally, she should also have a copy of her husband's orders, but a travel authorization from a US embassy or consulate would also work. She'll need to file an I-751 as soon as she returns to the US.

Why would she need to file form I751?

Does she by any chance have a I551 stamp in her passport?

[john_and_marlene 162]

Her status is preserved irregardless of her military status.

How is it preserved if other than by the miliary assignment of her husband????

If they simply chose to live in another country for the past 7 years without the military assignment, she would be abandoning her permanent residence status in the U.S.

[Rebecca Jo 1,962]

How is it preserved if other than by the miliary assignment of her husband????

If they simply chose to live in another country for the past 7 years without the military assignment, she would be abandoning her permanent residence status in the U.S.

Well, because we don't know other details. We don't know if a residence was maintained; we don't know if they continued to file tax returns; etc.

It takes more than moving abroad to abandon residency. (Although it certainly can be a good way to loose your residency).

[Otto 83]

I believe the form would be an I-90 not an I-751.

[nane1104 146]

Well, because we don't know other details. We don't know if a residence was maintained; we don't know if they continued to file tax returns; etc.

It takes more than moving abroad to abandon residency. (Although it certainly can be a good way to loose your residency).

They didn't maintain a residency back in the US but I'd think they still filed their taxes there.

I'd think too that if she wasn't under the military orders, after 7 years they would look at it as if she had abandoned her status as a LDR, so I guess it is fair to say the orders are "saving her" after being outside the US for so long.

That's why I i.e have to attach military orders to my application to make sure USCIS knows I am not overseas just for the fun of it, jeopardizing my residency.

I am/was just worried that they would give her a hard time for not renewing her card when it expired 3 years ago.

I believe the form would be an I-90 not an I-751.

Thanks, that's what I'm thinking too.

[Brother Hesekiel 2,236]

A "normal" human being living abroad since 1997 would have lost her LPR status. Not so the spouse of a soldier, as long as he works for Uncle Sam, That's the case because Uncle made her husband leave the US and the same Uncle expects her, the loving wife, to follow her husband. So she did not lose her status.

The LPR status of somebody who has either an unrestricted GC, or a 10-year GC (same thing but newer version), does not expire with the expiration date of the card. I myself have a friend who has a card that is expired for 5 years now and she chooses not to renew it until she really needs it (if she were to travel abroad), in order to save the $310.00 in associated fees.

All the LPR spouse of a US soldier abroad has to do is go to the consulate or embassy and get either a new card from there, or travel papers of some sort.

Edited April 1, 2010 by Just Bob