Deployed Spouse

[Johnny Gonzalez 0]

My wife conditional resident card is going to expire in September this year. I will be deployed with the U.S. Army pretty soon. My wife will go to reside at her country the time I will be deployed. Any idea how the process is going to be on this situation?

Thanks,

Johnny

[Barbara J 115]

My wife conditional resident card is going to expire in September this year. I will be deployed with the U.S. Army pretty soon. My wife will go to reside at her country the time I will be deployed. Any idea how the process is going to be on this situation?

Thanks,

Johnny

As far as I am aware she needs to be in the US to have the conditions removed as you have to have proof of bonafide marriage, joint accounts and so on. She is only allowed to leave the country for a certain amount of time while on conditional GC. You would file for ROC between July through to September. How long will your deployment be? Are you active military? I would suggest you talk to your Jag people but I am sure someone else will be able to help you here with this.

[Johnny Gonzalez 0]

I will be deployed 12 months. Good idea, I am going to ask JAG and even call USICS to ask them about this. My wife and I already came to the conclusion she is going back to her country while I am deployed so something has to be done and I think it should be some kind of form for Active Duty Military

[Harpa Timsah 13,258]

It is possible to apply to remove conditions from abroad, however, the applicant must travel, at their own expense, to the US to attend all necessary interviews. I can quote the relevant law if you need it to convince someone. Hopefully the military hotline will be able to help you with no convincing required. Good luck.

[Johnny Gonzalez 0]

I have found this good information at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f858d59cb7a5d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD.

Exception

Those who reside overseas pursuant to military or Government orders, including conditional resident dependents residing overseas and listed under Part 5 of the form, must submit the following items with Form I751:

1. Two passport-style photos for applicants and dependents, regardless of age.

2. Two completed fingerprint cards (Form FD-258) for applicants and dependents between the ages of 14 and 79.

You must indicate your Alien Registration Number (A-Number) on the fingerprint card and ensure that the completed

cards are not bent, folded, or creased. The fingerprint cards must be prepared by a U.S. Embassy or consulate,

USCIS Office, or U.S. Military installation.

In order for USCIS to identify filings based on military or government orders, applicants are required to indicate on top of Form I-751, "ACTIVE MILITARY" or "GOVERNMENT ORDERS" and submit a copy of their current military or government orders.

[Inky 1,111]

Is that not for military spouses who reside over seas on the orders WITH the husband? not thos who travel home to a different country. While the husband is deployed somewhere else. That is what I was told my the military immigration unit.

[LIFE'SJOURNEY 970]

Is that not for military spouses who reside over seas on the orders WITH the husband? not thos who travel home to a different country. While the husband is deployed somewhere else. That is what I was told my the military immigration unit.

You are correct, the MS, must be residing overseas on the order.

[Johnny Gonzalez 0]

I talked to USCIS few minutes ago and they told me to follow the instructions listed on the Instructions PDF on USCIS web site. The instructions does not specify that the spouse has to be in orders to use the Exception. I will actually apply overseas while my wife is in her country. If in case they need her to be in the U.S. then it will not be a problem, but it will not hurt to try.

[Inky 1,111]

But it could hurt to try, she cannot be out of the country for 12 months, she needs an entry permit or she abandons her status.

The reason for being able to ROC when on orders deployed with your spouse is because the base overseas is US soil. But she is NOT on base she is in another country. I honestly do not think military immigration office on my base would lie to me. They said not to do that even when I just live in Canada.

Lifesjourney even just said it is when you are overseas WITH the military spouse at a military base too.

- there is a reason why 99% of the people on VJ call USCIS phone line the missinformation line. Because they generally give you horrible information.

[Harpa Timsah 13,258]

Here. From 8 CFR concerning ROC found here:

http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&CH=8cfr

"4) Physical presence at time of filing . A petition may be filed regardless of whether the alien is physically present in the United States. However, if the alien is outside the United States at the time of filing, he or she must return to the United States, with his or her spouse and dependent children, to comply with the interview requirements contained in the Act. Furthermore, if the documentation submitted in support of the petition includes affidavits of third parties having knowledge of the bona fides of the marital relationship, the petit ioner must arrange for the affiants to be present at the interview, at no expense to the government. Once the petition has been properly filed, the alien may travel outside the United States and return if in possession of documentation as set forth in § 211.1(b)(1) of this chapter, provided the alien and the petitioning spouse comply with the interview requirements described in § 216.4(b) . An alien who is not physically present in the United States during the filing period but subsequently applies for admission to the United States shall be processed in accordance with § 235.11 of this chapter."

This states that the alien may apply from outside the US as long as they travel, at their own expense, to the US to comply with interviews. This rule is the same for everyone. The deployed spouse's attendance would be waived due to orders. I believe this is the path you will have to follow. Good luck.

Edited January 19, 2011 by Harpa Timsah

[Inky 1,111]

Here. From 8 CFR concerning ROC found here:

http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&CH=8cfr

"4) Physical presence at time of filing . A petition may be filed regardless of whether the alien is physically present in the United States. However, if the alien is outside the United States at the time of filing, he or she must return to the United States, with his or her spouse and dependent children, to comply with the interview requirements contained in the Act. Furthermore, if the documentation submitted in support of the petition includes affidavits of third parties having knowledge of the bona fides of the marital relationship, the petit ioner must arrange for the affiants to be present at the interview, at no expense to the government. Once the petition has been properly filed, the alien may travel outside the United States and return if in possession of documentation as set forth in § 211.1(b)(1) of this chapter, provided the alien and the petitioning spouse comply with the interview requirements described in § 216.4(b) . An alien who is not physically present in the United States during the filing period but subsequently applies for admission to the United States shall be processed in accordance with § 235.11 of this chapter."

This states that the alien may apply from outside the US as long as they travel, at their own expense, to the US to comply with interviews. This rule is the same for everyone. The deployed spouse's attendance would be waived due to orders. I believe this is the path you will have to follow. Good luck.

can his wife be living in another country for a year without him on a green card with no re-entry permit or anything?

[Harpa Timsah 13,258]

can his wife be living in another country for a year without him on a green card with no re-entry permit or anything?

I don't know. We know that a LPR can leave the US for a year without need of a reentry permit. I can imagine a situation like this, where the LPR leaves the US for let's say, 8 months. The OP has a good reason for his wife to live back home for a bit - to have a support system while her husband is deployed. She is not abandoning her residency and is abiding by the terms of LPR status. During this 8 months, the LPR is up for removal of conditions. They must file for removal of conditions by law, yet they also have the right to be out of the country for 8 months. I think this is why this verbiage is here. How it actually works in practice, I have no idea. I thought it might help the OP to manufacture a plan, because the military thing he came up with doesn't apply, as you pointed out.

[Inky 1,111]

I don't know. We know that a LPR can leave the US for a year without need of a reentry permit. I can imagine a situation like this, where the LPR leaves the US for let's say, 8 months. The OP has a good reason for his wife to live back home for a bit - to have a support system while her husband is deployed. She is not abandoning her residency and is abiding by the terms of LPR status. During this 8 months, the LPR is up for removal of conditions. They must file for removal of conditions by law, yet they also have the right to be out of the country for 8 months. I think this is why this verbiage is here. How it actually works in practice, I have no idea. I thought it might help the OP to manufacture a plan, because the military thing he came up with doesn't apply, as you pointed out.

Yea, I don't want him to follow bad advice from USCIS and then end up having his wife get her green card taken away when she trys to enter again. I can't find any info extra on her actually living somewhere else for that long out of US. Military says not to live anywhere else just in the US or on a US base overseas cus they can't help get the GC back if you lose it.

Military has a lot of support systems at the base for wives of deployed. Special dinners and gatherings and wives clubs etc. Only problem is you have to be willing to step outside of your box and go do thos things.

[JeroenAndMichelle 28]

Maybe this helps you guys a bit further: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

Maintaining Permanent Residence

You may lose your permanent resident status (green card) if you commit an act that makes you removable from the United States under the law, as described in Section 237 or 212 of the Immigration and Nationality Act (INA) (see the “INA” link to the right). If you commit such an act, you may be brought before an immigration court to determine your right to remain a permanent resident.

Abandoning Permanent Resident Status

You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently
• Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year
• Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year
• Fail to file income tax returns while living outside of the United States for any period
• Declare yourself a “nonimmigrant” on your tax returns