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Filed: Timeline
Posted

Hello,

I am a US citizen and my wife has a 2 year conditional Permanent Resident Card. We are currently in the process of removing conditions and filed form I-751 in Feb 2010 with VSC. She has had her biometrics appointment, but we have not heard anything else.

I have found a “temporary” job out of the country and we are considering going overseas for ~3 years, and I am looking for ways to keep her Permanent Resident Status. We should be leaving the US around July/August time frame. I think she should apply for a re-entry permit before we leave, and that will give us 2 years, and when those 2 years expire we can hopefully apply for a second re-entry permit.

The question I have is should we apply for the re-entry permit now, or should we wait until we receive the results of the I-751?

Also, from the time we file for the re-entry permit, does anyone know how long it takes until the biometrics appointment?

Thanks.

Posted
  On 5/4/2010 at 12:25 PM, bryan45876 said:

Hello,

I am a US citizen and my wife has a 2 year conditional Permanent Resident Card. We are currently in the process of removing conditions and filed form I-751 in Feb 2010 with VSC. She has had her biometrics appointment, but we have not heard anything else.

I have found a “temporary” job out of the country and we are considering going overseas for ~3 years, and I am looking for ways to keep her Permanent Resident Status. We should be leaving the US around July/August time frame. I think she should apply for a re-entry permit before we leave, and that will give us 2 years, and when those 2 years expire we can hopefully apply for a second re-entry permit.

The question I have is should we apply for the re-entry permit now, or should we wait until we receive the results of the I-751?

Also, from the time we file for the re-entry permit, does anyone know how long it takes until the biometrics appointment?

Thanks.

The re-entry permit needs to be obtained after your wife gets approved for her 10 year GC. They will not approve it now since your I-751 is still pending. Even if they do approve the re-entry permit, it will expire on the same date the extension letter does (3rd year mark). For your wife to leave this long, she might be considered that she abandoned her residency. You need to get more solid information about how long a LPR can stay out of the country at a time... I heard 1 year but I can't really tell you how long exactly. Also, keep in mind that your wife will start counting again for 3 year if she plans to apply for naturalization since she has not met the residency and physical presence.

IT might be a better idea she travels back and forth and then within 90 days of her 3rd year residence anniversary she applies for Naturalization and gets her citizenship.... then she can join you for the remaining of your stay abroad without any problems or issues.

N-400 Naturalization Timeline

06/28/11 .. Mailed N-400 package via Priority mail with delivery confirmation

06/30/11 .. Package Delivered to Dallas Lockbox

07/06/11 .. Received e-mail notification of application acceptance

07/06/11 .. Check cashed

07/08/11 .. Received NOA letter

07/29/11 .. Received text/e-mail for biometrics notice

08/03/11 .. Received Biometrics letter - scheduled for 8/24/11

08/04/11 .. Walk-in finger prints done.

08/08/11 .. Received text/e-mail: Placed in line for interview scheduling

09/12/11 .. Received Yellow letter dated 9/7/11

09/13/11 .. Received text/e-mail: Interview scheduled

09/16/11 .. Received interview letter

10/19/11 .. Interview - PASSED

10/20/11 .. Received text/email: Oath scheduled

10/22/11 .. Received OATH letter

11/09/11 .. Oath ceremony

Posted
  On 5/4/2010 at 1:43 PM, v333k said:

The re-entry permit needs to be obtained after your wife gets approved for her 10 year GC. They will not approve it now since your I-751 is still pending. Even if they do approve the re-entry permit, it will expire on the same date the extension letter does (3rd year mark). For your wife to leave this long, she might be considered that she abandoned her residency. You need to get more solid information about how long a LPR can stay out of the country at a time... I heard 1 year but I can't really tell you how long exactly. Also, keep in mind that your wife will start counting again for 3 year if she plans to apply for naturalization since she has not met the residency and physical presence.

IT might be a better idea she travels back and forth and then within 90 days of her 3rd year residence anniversary she applies for Naturalization and gets her citizenship.... then she can join you for the remaining of your stay abroad without any problems or issues.

That is not a good idea. CBP may detect the pattern and pull the GC. Also - domicile would have to be maintained for naturalization, (living in the state for a set amount of time), not to mention staying in the US for a length of time.

Getting the re-entry permit is the idea choice.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Posted (edited)
  On 5/4/2010 at 3:14 PM, Bobby+Umit said:

That is not a good idea. CBP may detect the pattern and pull the GC. Also - domicile would have to be maintained for naturalization, (living in the state for a set amount of time), not to mention staying in the US for a length of time.

Getting the re-entry permit is the idea choice.

Correct - but re-entry permit will not be granted, to my knowledge, until the conditions have been lifted and the wife is approved for her 10 year GC.

I read my suggestion again and I realize I wasn't very clear - basically, the wife should be a PR currently for around 2 years (maybe like 2 years 3 months - by now). What I suggested is if she tried to maintain her residency and physical presence, then she can apply in half a year (or so) for naturalization, get interviewed and obtain her citizenship. If she travels for 4 months and comes back for 2-3 months for naturalization - then she maintained her residency requirement as well as physical presence. This way, the wife will not require a re-entry permit and at the same time remain eligible for naturalization.

If the physical presence and/or residency has been interrupted she will have to start counting 3 more years to become eligible for naturalization again....

Thanks Bobby+Umit for pointing it out since it wasn't clear!

Hope this clarifies my comments!

Edited by v333k

N-400 Naturalization Timeline

06/28/11 .. Mailed N-400 package via Priority mail with delivery confirmation

06/30/11 .. Package Delivered to Dallas Lockbox

07/06/11 .. Received e-mail notification of application acceptance

07/06/11 .. Check cashed

07/08/11 .. Received NOA letter

07/29/11 .. Received text/e-mail for biometrics notice

08/03/11 .. Received Biometrics letter - scheduled for 8/24/11

08/04/11 .. Walk-in finger prints done.

08/08/11 .. Received text/e-mail: Placed in line for interview scheduling

09/12/11 .. Received Yellow letter dated 9/7/11

09/13/11 .. Received text/e-mail: Interview scheduled

09/16/11 .. Received interview letter

10/19/11 .. Interview - PASSED

10/20/11 .. Received text/email: Oath scheduled

10/22/11 .. Received OATH letter

11/09/11 .. Oath ceremony

Filed: Timeline
Posted

An update on our status . . .

We received an email/text message from the USCIS saying that my wife’s 10 year permanent resident card has been ordered for production! So that means no interview, and I’m guessing the card should arrive in ~2 weeks.

So, once we receive that card I am planning to apply for the re-entry permit. Does anyone know when the 2 year clock on the re-entry permit starts? Is it the day we file? The day of the biometrics?

Since we are planning to be out of the US for ~3 years, does anyone know what the process is for applying for a 2nd re-entry permit once the first one expires? Has anyone successfully done this?

Thanks.

 
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