Green card expires in Aug but moving to US in Dec... now what???

[Cino 5]

I actually have a similar situation. My husband and I married in the Cayman Islands in 2008, and have been living there ever since. My husband was granted his IV in April 2010, and we went to the States in the end of July (we were planning to move that winter, so we went looking for jobs). However, as we both had good jobs in Cayman, and were unable to secure jobs in the US (with the economy crash and everything), we decided to stay in Cayman. We have visited the US for 2 weeks in Aug. 2010, and for a month in Aug. 2011 (when he almost got a job, so we were going to stay, but it fell through at the last minute and we returned to Cayman). We are planning another trip this summer, but need to remove conditional status as his GC will expire July 30. We are still hoping to make the move soon, but cannot just up and relocate with no job prospects with a 2-year-old to feed and clothe .

Our plan is to go ahead and send in everything, and hope and pray they grant it and we can move to the US. Otherwise we will have to stay here another year+ and re-start the whole process. What I am most afraid of is that they will grant the removal of conditions, and then take away the GC when we go through immigration this summer, but hopefully if we explain the situation they will have mercy on us? It is not that we don't want to live in the US, just that we don't want to end up in my parents' basement mooching off them and/or flipping burgers at McDonald's!

Is there anyone who has gone through something similar? What did you do? How did it turn out? I know a lot of people who keep their GC even living overseas with trips to the US every 6 months/every year, but this removal of conditions makes it more difficult!

Thanks in advance for any advice/help!

Your situation is not complicated very straightforward indeed.

In the meantime, gather all evidences which show the proofs of togetherness & the marriage was entered in a good faith.

1-Come to US before 07/30/2012 (Your ROC application window opens on 05/01/2012)

2- Apply for ROC (I-751)

3- Go for Bio

4- Answer RFE (If any)

5- Go to ROC Interview (More likely in your case)

6- Get approval (get your 10-year GC & apply for commuter Permanent Resident)

7- Happily ever after

8- If you like, apply for US Citizenship (you do not have to, unlike ROC) { If you are a US citizen you can stay anywhere anytime as long as you like}.

Good luck !.... please keep us posted....

[dunebuggy 18]

Cino, this is great information, thanks very much.

First, here is the case type information, hope it helps.....

Printed on "I-797C, Notice of action". ASC Appointment notice. Notice date: 6/27/2011. Case type: X999 Unknown Form Type. Service center: NSC. Date of appointment: 7/25/2011. (By the way, she attended this appointment so has already had biometrics done at least at this stage....we got the initial notice around October 2010 but delayed until July 2011)

Second, unfortunately it will be impossible for her to stay 1.5 months in the US. Really she will only be able to stay 1 week. Any contingency plan or is this a lost cause? Would a backup plan be to start from scratch with Direct Consular Filing? We are both residents of United Arab Emirates. I would rather not because of the additional cost, but if it is the only way....

Third, we are planning to briefly visit Turkey next month! I have heard great things but have never been, very much looking forward to it

It is kind of confusing story but forget about what happened in the past. Now you have to concentrate "how you are going to get out from this mess".

First of all, you have a Conditional GC which will be expired on 08/09/2012 which is very positive. Your ROC filing window opens on 05/11/2012. So you have 90 days to apply for ROC. Since you will come to US sometime in July 2012, in the mean time gather all evidences that you have been living together, financial co-mingling, all kind of insurance together, joint bank statements, IRS tax transcipts, airline tickets etc...( I am not going to go in details here which is completely different subject ). If you apply for ROC in July, you will do Bio in August (in fact, as soon as you receive the Bio appointment letter, you can do your Bio as walk-in, earlier than appointment date). What I am trying to say is "Act like nothing happened before, do not stir this situation which is already complicated" & also keep in your mind when you come to US in July, plan to stay about 1 1/2 months.

Secondly, could you ask your father what does it say "Case Type" box on the Bio appintment letter. I am wondering because when you apply a case you go for Bio but you have not applied I-751 yet ???? Your AOS (CR) was done a long time ago. This "Case Type" is extremely important, please learn it ASAP. Obviously you can not attend this Bio anyway, on the other hand if you don't, USCIS will assume the case (Whatever the case ??) has been abandoned. If you give me the answer to "Case Type" on Bio App. letter, I will try to help you to get out from this loop. To be continued ..........until then take care !.....

Edited April 23, 2012 by DuneBuggy

[dunebuggy 18]

Well I was finally able to get somebody at the embassy here to answer the phone, but they just told me that I would need to renew the green card in the US, or I could look at the USCIS website and maybe I could do it online.... anyways not much help

Cino, this is great information, thanks very much.

First, here is the case type information, hope it helps.....

Printed on "I-797C, Notice of action". ASC Appointment notice. Notice date: 6/27/2011. Case type: X999 Unknown Form Type. Service center: NSC. Date of appointment: 7/25/2011. (By the way, she attended this appointment so has already had biometrics done at least at this stage....we got the initial notice around October 2010 but delayed until July 2011)

Second, unfortunately it will be impossible for her to stay 1.5 months in the US. Really she will only be able to stay 1 week. Any contingency plan or is this a lost cause? Would a backup plan be to start from scratch with Direct Consular Filing? We are both residents of United Arab Emirates. I would rather not because of the additional cost, but if it is the only way....

Third, we are planning to briefly visit Turkey next month! I have heard great things but have never been, very much looking forward to it

[Cino 5]

OK I understood. Never mind the ASC appointment letter then, it is a mistake. If you are a military personnel or government employee working & living abroad,

you don't have to do Bio in US, they usually do in consulate offices but I guess she is not.

She can come to US & file the ROC during her 1-week stay (between 05/11/12 - 08/09/12) & leave the country. Make sure your father will mail the extension letter to you guys, next time she visits US, she has to show her Expired Conditional GC along with this Extension Letter (We VJ'ers call NOA or Extension Letter, officially I-797 Notice of Action) When the ASC Bio letter comes just do the rescheduling by explaining on the cover letter,but do not forget later you do later you get approval, for example VSC takes about 9 months to remove a condition.

Btw, I just want to let you know that if you guys send your ROC package too early, meaning before 05/11/12 you will be rejected; however if you send it too late, meaning after 08/09/12 you will be treated that you have abandoned your case. Also if you don't follow the ASC appointment without any rescheduling, USCIS also assumes that you have abandoned your case. The ball is in your court right now .

Good luck & enjoy the trip to Turkey !...

Edited April 24, 2012 by Cino

[dunebuggy 18]

Thanks Cino, very very helpful! We will proceed in this manner. Luckily we are familiar with rescheduling ACS appointments, we had to do it many times last year

OK I understood. Never mind the ASC appointment letter then, it is a mistake. If you are a military personnel or government employee working & living abroad,

you don't have to do Bio in US, they usually do in consulate offices but I guess she is not.

She can come to US & file the ROC during her 1-week stay (between 05/11/12 - 08/09/12) & leave the country. Make sure your father will mail the extension letter to you guys, next time she visits US, she has to show her Expired Conditional GC along with this Extension Letter (We VJ'ers call NOA or Extension Letter, officially I-797 Notice of Action) When the ASC Bio letter comes just do the rescheduling by explaining on the cover letter,but do not forget later you do later you get approval, for example VSC takes about 9 months to remove a condition.

Btw, I just want to let you know that if you guys send your ROC package too early, meaning before 05/11/12 you will be rejected; however if you send it too late, meaning after 08/09/12 you will be treated that you have abandoned your case. Also if you don't follow the ASC appointment without any rescheduling, USCIS also assumes that you have abandoned your case. The ball is in your court right now .

Good luck & enjoy the trip to Turkey !...

[ACsMama 0]

Thank you so much! We will just go ahead with it then. I have noticed on many people's timelines that the biometric processing appointment tends to be about a month after they send everything in, so we are planning to send it all the first week of June to have his appointment in July.

If they call you in for a further interview, how long does that usually take (from the time they get your paperwork)?

[Inky 1,110]

Thank you so much! We will just go ahead with it then. I have noticed on many people's timelines that the biometric processing appointment tends to be about a month after they send everything in, so we are planning to send it all the first week of June to have his appointment in July.

If they call you in for a further interview, how long does that usually take (from the time they get your paperwork)?

ROC interview can be 5-6 months after sending the paperwork. Some people do not hear anything for a looooong time. 8 months. Many do not even get an interview.

[dunebuggy 18]

Edited October 7, 2012 by DuneBuggy

[Noel194 53]

I thought you had to actually LIVE in the US to be a permanent resident unless you or your spouse are in the Military. You can live in another country the majority of the time and maintain a Green Card?

Edited October 7, 2012 by Noel194

[Sebas&Lily 3]

Here Noel, I'll repost this (your very good post) for DuneBuggy to understand how this works:

Losing Permanent Residence Because of Travel

There are many myths about how long a permanent resident (green card holder) may remain outside of the United States before losing his or her green card status. This article will address some of those myths and provide the information necessary to try and avoid getting into trouble due to staying outside of the U.S. longer than the immigration law permits.

Myth 1 - Now that I have my green card I can move back to my country.

If you remain outside of the U.S. for more than one year continuously, you may lose your green card automatically. The Immigration Service takes the position that if you stay out this long, you have abandoned your green card status.

Myth 2 - If I visit the U.S. once a year I’ll be okay.

This is wrong. The law and the Immigration Service look to your intent or the purpose of your travel, not just whether you have returned to the U.S. once in a while. In fact, even if you travel to the U.S. frequently but you are living abroad, the Immigration Service may find that you have abandoned your residence and revoke your green card. The test is whether you intended to be abroad temporarily or whether you plan to live abroad permanently, not simply the time you spend outside of the U.S.

For example, if a person stays outside of the U.S. continuously and returns every few months but has no roots in the U.S., such as a job, bank accounts, a home, yearly tax returns, etc., the Immigration Service may find abandonment. On the other hand, if a person has strong ties to the U.S. but only returns once a year because he or she is abroad taking care of an ill or elderly family member, a finding of abandonment would not be appropriate if all other aspects of the person’s life establish that he or she has no intent of abandoning his or her residence (e.g., maintains a home, pays taxes, owns a business, etc.).

In determining whether a person has abandoned his residence, the courts have generally looked at the following factors: a. Purpose of departure; b. Existence of fixed termination date for visit abroad; and c. Objective intention to return to U.S. as place of permanent employment or actual home.

How will the Immigration Service know how long I’ve been gone?

This typically occurs either at the time you return to the U.S. and come through customs or when you apply for citizenship and the Immigration Service inquires about your travels.

It is important to note that you have the right to contest the Immigration Service's allegation that you have abandoned your residence.

In order to prevail on a finding that someone has abandoned her green card status, the Immigration Service must prove by clear, unequivocal and convincing evidence that residence has been abandoned.

If it was not your intent to abandon your residence and you maintained strong ties to the U.S., do not be intimidated by the Immigration Service merely because an immigration officer makes allegations of abandonment – make them prove it!

Myth 3 - I am automatically eligible for citizenship after five years.

One last point about traveling abroad is that it may effect your eligibility for U.S. citizenship. In addition to maintaining your ties to the U.S., you must also be physically present in the U.S. for certain periods of time in order to be eligible for citizenship. Generally, you must be physically present in the U.S. for at least half of the previous five years.

For most travelers, abandonment of residence will not be an issue, but for those who stay outside the U.S. for extended periods of time, the above tips should be kept in mind.

[dunebuggy 18]

Hi all! I will attempt to resurrect this thread as there have been some recent developments....

For some context, my wife received a provisional green card a couple years ago and we were at the I-797C Notice of action stage for quite some time. However, we lived abroad and still have not moved back to the US permanently. Though we delayed the biometrics appointments for some time, in April we finally confirmed that we were not going to reside in the US permanently for the next few years. As such, we have not followed up on the I-797C since April and I assume it is now abandoned.

Now things get a bit tricky. I will be a student abroad (Singapore) before returning to the US this January for approx 5 months (Jan-May) before returning abroad to work around June 2014. My wife is keen to work during this period in the US. What is the most efficient method to restart the green card / work permit process, keeping in mind we will probably not stay in the US for longer than 5 months? Can we start an expedited process abroad (now that we are both here in Singapore)?

Thanks as always for your advice! Cheers

[NigeriaorBust 4,087]

there is no such process .

[mosstoss 7]

Hi all! I will attempt to resurrect this thread as there have been some recent developments....

For some context, my wife received a provisional green card a couple years ago and we were at the I-797C Notice of action stage for quite some time. However, we lived abroad and still have not moved back to the US permanently. Though we delayed the biometrics appointments for some time, in April we finally confirmed that we were not going to reside in the US permanently for the next few years. As such, we have not followed up on the I-797C since April and I assume it is now abandoned.

Now things get a bit tricky. I will be a student abroad (Singapore) before returning to the US this January for approx 5 months (Jan-May) before returning abroad to work around June 2014. My wife is keen to work during this period in the US. What is the most efficient method to restart the green card / work permit process, keeping in mind we will probably not stay in the US for longer than 5 months? Can we start an expedited process abroad (now that we are both here in Singapore)?

Thanks as always for your advice! Cheers

Hi DuneBuggy,

You probably want to confirm the abandonment of the process first. You could go to the local consulate and have your wife turn in her green card and presumably sign something indicating that she is abandoning her permanent residency. That will put you in the clear regarding the status. With a pending state like this, any subsequent application could get delayed as this will confuse the folks doing the processing.

Then, you could apply for a tourist visa for your wife. To do so successfully, you might want to show that you guys intend to stay in the US only for 5 months, and will return at the end of it. You also should make sure your permanent resident status is officially canceled.

As for working, you wife will not be able to work (legally) on a tourist visa. Other than a green card, there is no legal state in which she can work. (Apart from her obtaining an H-1). You could apply for DCF (direct consular filing) and try to re-obtain your green card, but I suspect this will take time, and/or your application will be met with scrutiny given your past. I would also not recommend getting the green card again if you do not intend to reside in the US.

Hope this helps.

[Cheezees 1,514]

Your first application was abandoned and now you want to know what process will let you reapply with the CLEAR INTENT to abandon again? I suggest you call USCIS and tell them your intentions and see what they have to say.

[dunebuggy 18]

Hi DuneBuggy,

You probably want to confirm the abandonment of the process first. You could go to the local consulate and have your wife turn in her green card and presumably sign something indicating that she is abandoning her permanent residency. That will put you in the clear regarding the status. With a pending state like this, any subsequent application could get delayed as this will confuse the folks doing the processing.

Then, you could apply for a tourist visa for your wife. To do so successfully, you might want to show that you guys intend to stay in the US only for 5 months, and will return at the end of it. You also should make sure your permanent resident status is officially canceled.

As for working, you wife will not be able to work (legally) on a tourist visa. Other than a green card, there is no legal state in which she can work. (Apart from her obtaining an H-1). You could apply for DCF (direct consular filing) and try to re-obtain your green card, but I suspect this will take time, and/or your application will be met with scrutiny given your past. I would also not recommend getting the green card again if you do not intend to reside in the US.

Hope this helps.

Thanks for the advice all! Will be in touch with USCIS here and see what they have to say. Maybe she will just have to take a bit of a "vacation" during this period. Best not to stir the pot for when we (eventually) move back to the US.