Living abroad while filing I-751

[kristi12 1]

Hi everyone,

My wife received her conditional green card last year, and next April she'll need to file for removing conditions. I know she should be living here in the US most of the year (at least 6 months according to her), but given the economy you can't blame us for taking a job overseas, especially taking in consideration that I'm a US citizen and I don't have any restrictions on where I live or work. The thing is, we won't be here next April to apply, so can we have someone from US send the application with the evidence, without us physically being there? On the application form it asks whether we have resided somewhere else other than the home address. I know we shouldn't lie, but would it risk her chances of getting the 10 year green card if we say we've been working overseas, but we still intend to come back next year to reside in US. She won't be out of the country for more than a year. Should I include this information in the Cover Sheet?

My wife usually takes care of all the documentations, because it seems ridiculous to me that even though we're married, we have to go through so much bureaucracies and spend so much money when she should just become a citizen automatically. But she's always so worried about getting rejected because we're not living in US for a year or two, so could you please give us some advice?

I just can't imagine being rejected to have a normal life with my wife just because she's not from USA.

[Barbara J 115]

Hi everyone,

My wife received her conditional green card last year, and next April she'll need to file for removing conditions. I know she should be living here in the US most of the year (at least 6 months according to her), but given the economy you can't blame us for taking a job overseas, especially taking in consideration that I'm a US citizen and I don't have any restrictions on where I live or work. The thing is, we won't be here next April to apply, so can we have someone from US send the application with the evidence, without us physically being there? On the application form it asks whether we have resided somewhere else other than the home address. I know we shouldn't lie, but would it risk her chances of getting the 10 year green card if we say we've been working overseas, but we still intend to come back next year to reside in US. She won't be out of the country for more than a year. Should I include this information in the Cover Sheet?

My wife usually takes care of all the documentations, because it seems ridiculous to me that even though we're married, we have to go through so much bureaucracies and spend so much money when she should just become a citizen automatically. But she's always so worried about getting rejected because we're not living in US for a year or two, so could you please give us some advice?

I just can't imagine being rejected to have a normal life with my wife just because she's not from USA.

You can send it off but you will have to be in the US in case of interview and prove that you have residence in USA. If she is gone for more than 6 months they will think she has abandoned her GC status. I am sure someone else will chime in for you. Personally I would not want to risk it so I know how she feels.

[Brother Hesekiel 2,236]

Nobody is blaming you for anything, trust me. It's also not forbidden to reside in another country. What's forbidden is to lie, because that's called misrepresentation which can lead to a permanent ban from the United States (referring to your wife, not you), and since you two will have to provide substantial prove that you lived together in the US since your wife became a Green Card holder, I don't see how you can do that if you live in Albania instead?

In short, the I-751 costs $590 which is only substantially cheaper than filing for a new immigrant visa via DCF in Albania once you guys are ready to move to the US again, and would be more expensive if you take into consideration to flight from Albania to the US in order for your wife to attend the mandatory biometrics appointment.

Also keep in mind that ROC and a new petition after being married for 2 years will have the same result: an unrestricted 10-year Green Card.

[Harpa Timsah 13,258]

You can apply for ROC from abroad. You must, however, travel to the US to comply with biometrics and an interview, if you have it. This is spelled out in the Code of Federal Regulations 216.4.

"(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 petitioner 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."

It is unusual, so I would include your plans in the cover letter, personally. good luck.

Edited July 6, 2011 by Harpa Timsah

[kristi12 1]

Thanks for the reply guys. The thing is we don't even live in Albania. We'teach English overseas. I would think that wouldn't be as bad as living in Albania. Anyways, you're right. I should tell the truth and clarify our situation in the cover letter emphasizing our intention of moving back to US and show that we still have our joint bank account and bonds. Let's just hope for the best.

[Blambert121 0]

I hope that you will see this message. My wife and I are currently over seas and are in a similar situation. We will be out of the country while our I-751 will be filed. Did you need to go back to the states for biometrics? The thing is my wife will be giving birth in August (which is when her GC expires) and we don't really want to fly during the last trimester. Can you please let us know how your situation worked out? Thanks!

[akravche 1]

On 2/26/2015 at 10:58 AM, Blambert121 said:

I hope that you will see this message. My wife and I are currently over seas and are in a similar situation. We will be out of the country while our I-751 will be filed. Did you need to go back to the states for biometrics? The thing is my wife will be giving birth in August (which is when her GC expires) and we don't really want to fly during the last trimester. Can you please let us know how your situation worked out? Thanks!

Reviving this thread as I have a similar situation.

 

Hi Blambert121,

 

How did this work out for you?

 

Thanks in advance.

[lidaliu 9]

You can check N400 under 319B, if you case is meet, she can apply for N400.

if not 319B, then For I751, I think you should do it anyway. and if she is working also, she can check apply N470 and I 131 to keep the records and good shape for keeping the GC.

I am on the same boat, I applied I751 and also N400 under 319b. still in the process now, hope I will get good news can share with you.

 

 

 

[TBoneTX 45,288]

Thread from 2011, with many inactive participants, is now closed to further comment.