can't be in the US during those "magic" 90 days, can my husband file?

[drakulea 0]

I would really appreciate any help or any lil bit of information.

May 20th 2007 is the dead line for removing the conditions, unfortenatuly I cant be in the US, because I'm in my last year of medical school in Romania. Me and my husband already have the package, mostly ready to go. We asked personally the officials if he can file for me, while I'm not there, they said: yes.

The only thing I am really afraid of: can I go back to US with my expired GC and the Notice of Action letter? We asked the officials about that too, but they looked confused and said the nasty word "maybe".

PS: I am already outside the US.

Thank You so much for your precious reply.

[dmartmar 1]

You can't do nothing about it. Your GC is expired and by leaving the country, your paperwork will be deemed abandoned.

[Lou Lou 1]

Why can't she? If she has the NOA extending her status for a year she can travel back on that, no? That's what I intend to do when it runs out in 4 days...

[sparkofcreation 0]

Depends how often she comes and goes, I believe. I mean, US citizens who are in college are deemed to be residents of the place their parents live, not of the place where they're studying, unless they take extra steps to change their residency to the college town.

That said, there is definitely the *possibility* that spending so much time overseas would be considered an abandonment of status.

Re-entering with the expired Green Card and the NOA is not the problem in and of itself--that's definitely allowed; that's what the NOA itself says. The problem is whether you're considered to have abandoned your residency by spending so much time in Romania. If they decide your being in med school in Romania is abandonment of status, dmartmar is right--you're up a creek without a paddle. But that's not because the green card is expired; they could just as easily deny you entry for abandonment of status even if the card is still valid.

Edited November 13, 2006 by sparkofcreation

[dmartmar 1]

The only two ways she "could've" gotten back in were through a valid GC and/or AP approval, not a NOA letter.

The NOA letter just says that "some action took place," not that "a final determination has been made."

Edited November 13, 2006 by dmartmar

[drakulea 0]

Hey, guys. Thank you for the answers.

I probably need to clarify my situation.

The GC is not expired yet. It will in may 2007.

I know I do spend the most of the year (8 months) outside the US, but for the summer I am in the US, and I am working during that time (so, paying taxes, filing for return every year). Last time, when I came back to the States after spending 8 consecutive months in Romania, the imigration officer at the airport didn't say a single word, just "Welcome back home!"

This is my last year in med school, I can't afford the time and money to start the med school from the very beginning in USA, so me and my husband had to go for this sacrifice, even though he is visiting me twice a year.

When we spoke to the authorities, they said he can send the folder [i 751 plus the whole nine yards, including the official document in english stating I am a student, meaning I have a valid purpose to be overseas] while I'm not there. Then, supposeably, I recieve the NOA that officially extends the GC for a year. Most of the people I asked, said I can come back with the expired GC that is accompanied by this letter. Some, say they don't know.

I asked your opinion.

So, you think I should come back to the states before it expires and wait till I get my NOA, get the biometrics done, then can I return to Romania with that NOA and expired GC, just for another few months, to pass my license exam?

I'm sorry if my question is too foggy...

Thank You .

[Lou Lou 1]

The only two ways she "could've" gotten back in were through a valid GC and/or AP approval, not a NOA letter.

The NOA letter just says that "some action took place," not that "a final determination has been made."

An I-751 NOA says way more than that. It essentially extends our GC for another year. We don't have APs when the conditional GC expires. Look up a copy of an I-751 NOA!

Hey, guys. Thank you for the answers.

I probably need to clarify my situation.

The GC is not expired yet. It will in may 2007.

I know I do spend the most of the year (8 months) outside the US, but for the summer I am in the US, and I am working during that time (so, paying taxes, filing for return every year). Last time, when I came back to the States after spending 8 consecutive months in Romania, the imigration officer at the airport didn't say a single word, just "Welcome back home!"

This is my last year in med school, I can't afford the time and money to start the med school from the very beginning in USA, so me and my husband had to go for this sacrifice, even though he is visiting me twice a year.

When we spoke to the authorities, they said he can send the folder [i 751 plus the whole nine yards, including the official document in english stating I am a student, meaning I have a valid purpose to be overseas] while I'm not there. Then, supposeably, I recieve the NOA that officially extends the GC for a year. Most of the people I asked, said I can come back with the expired GC that is accompanied by this letter. Some, say they don't know.

I asked your opinion.

So, you think I should come back to the states before it expires and wait till I get my NOA, get the biometrics done, then can I return to Romania with that NOA and expired GC, just for another few months, to pass my license exam?

I'm sorry if my question is too foggy...

Thank You .

I'm no expert but as far as your GC and NOA goes, yes you can back in the country. The question of abandonment is another thing and to be honest I imagined it didn't matter until you were thinking of applying for citizenship. But as I said at the start, I'm no expert!

Feliz has a scan of his I-751 NOA which clearly extends your status for a year, as you know.

Edited November 13, 2006 by Lou Lou

[Yodrak 7]

dmartmar,

Not true. If the application to remove conditions is made then the person retains their LPR status until the decision has been made. Being an LPR they are entitled to enter the USA. (Unless perhaps some other issue not under discussion is involved.)

Yodrak

The only two ways she "could've" gotten back in were through a valid GC and/or AP approval, not a NOA letter.

The NOA letter just says that "some action took place," not that "a final determination has been made."

Edited November 13, 2006 by Yodrak

[drakulea 0]

Thank You very much for your attention and answers, guys.

My husband is going to CIS office soon, to discuss this issue AGAIN.. [since they couldn't be precise last time..]

[meauxna 15]

Thank You so much for your precious reply.

Please go to USCIS.gov and search for the seciton on Removing Conditional status. There is a section there that discusses how you file I-751 when you are not in the US.

Also search for the part on 'maintaing Permanent Resident status'.

[diadromous mermaid 36]

Hey, guys. Thank you for the answers.

I probably need to clarify my situation.

The GC is not expired yet. It will in may 2007.

I know I do spend the most of the year (8 months) outside the US, but for the summer I am in the US, and I am working during that time (so, paying taxes, filing for return every year). Last time, when I came back to the States after spending 8 consecutive months in Romania, the imigration officer at the airport didn't say a single word, just "Welcome back home!"

This is my last year in med school, I can't afford the time and money to start the med school from the very beginning in USA, so me and my husband had to go for this sacrifice, even though he is visiting me twice a year.

When we spoke to the authorities, they said he can send the folder [i 751 plus the whole nine yards, including the official document in english stating I am a student, meaning I have a valid purpose to be overseas] while I'm not there. Then, supposeably, I recieve the NOA that officially extends the GC for a year. Most of the people I asked, said I can come back with the expired GC that is accompanied by this letter. Some, say they don't know.

I asked your opinion.

So, you think I should come back to the states before it expires and wait till I get my NOA, get the biometrics done, then can I return to Romania with that NOA and expired GC, just for another few months, to pass my license exam?

I'm sorry if my question is too foggy...

Thank You .

An alien can apply to remove conditions by way of an I=751 whilst overseas. The issue is that if an interview is called, the alien is to attend. The NOA issued once USCIS has acknowledged receipt of a properly filed I-751 will, when accompanied by a valid passport and the expired GC permit entry to the USA, provided the PR is not otherwise inadmissible.

[Feliz 0]

Hi Drakulea! We are in the same exact situation, I had to be out of country Sep 06-June 07 for career reasons and my husband followed me, before that I was absent for 7 month too, and nobody asked any questions at airport in Summer 2006.

So we filed when BOTH of us were out of country (with help of friend of ours) and got NOA - looks same as other's

Problem is that I cant pass biometrics and it delays eveything, but it's still better then to be out of status.

You can scroll back the forum and find my topics about it.

[drakulea 0]

Hey Feliz!

Oh yeah, I have read about your case really carefully and it gave me hope.

I didn't even know we have to pass the biometrics again, and I thought I knew all about the process.

I hope it will all go well, also that the big absence from US wont hurt the case.. , but I really need to finish my school and get the license.

Thanks for your reply and good, big luck to you!

[Feliz 0]

I didn't even know we have to pass the biometrics again, and I thought I knew all about the process.

Same story here! If I knew i'd mail it July 20 when i was there and probably pass it in August. But, I wish us both and other absentees good luck to finish everything soon after return.

[dmartmar 1]

I hope it will all go well and that the big absence from the US won't hurt my case, but I really need to finish school and get my license back home.

What's more important, your school or your US residence?

But yeah, you're right. Better to have something to fall back onto in your home country, if your case was to be denied.

Will your husband move back with you, if this was to happen?

Edited November 16, 2006 by dmartmar