travel without AP and GC received, HELP?

[redskins47chaos 6]

Hello everyone,

let me explain the situation! I entered the US on a K1 visa last september, filed for AOS in December, received my EAD in February. In the meantime, my wife and I decided to go back to my home country for personal reasons. We are now abroad, I left this US without the Advance Parole. I thought my Green Card application would simply be abandoned, but I received my GC in the mail in the US...my question is: Is there really no options at all in this case to get my GC and maintain my permanent resident status??? What should I do? Call the USCIS and explain the situation? Or do I have to apply for a CR1 Visa if we want to live in the US again.

Thanks a lot!

[CaroSL 68]

Ok... Please note that I don't know anything about this situation, it is the first time I read something like this, and I haven't experienced it myself.

That said, can you try to ask someone to send it to you, since it was approved?

What date did you leave the US?

What date was your green card approved?

What date was your GC produced (if you have any way of knowing this)?

If you left right when the GC was approved, they probably have no way of knowing that you traveled without AP...

[newacct 688]

So you never applied for Advance Parole? Your EAD card is not a combo card?

[didopage 337]

You left the US without AP, but was it approved and you just let the card in the US? Or you just didn't apply for it?

[redskins47chaos 6]

I left the US on July 8th and received the GC on the 25th. Unfortunately, I did not apply for AP with my EAD card or later, big mistake, I know! I just thought I wouldn't leave the US before receiving my GC at this point...Me and my wife decided to go back to France for a while like I said, so I pretty much knew I would have to apply for a CR1 visa if we wanted to live in the US again. It is just really frustrating that I happened to receive the GC barely two weeks after I left. I can't blame anyone else but me on that one, but I was just hoping that maybe there was a way to maintain the PR status. I could have somebody mail me the card (or is it even legal?) but then the CBP officer would see I left before I received the card...or would they see when it was approved instead? makes more sense, but I have no idea when it was technically approved...probably a few days before I received it. Anyways, thanks for your input!

[Penguin_ie 5,996]

***** moving from AOS from Family Visa to Travelling during Immigration for more answers ****

Do you want to come back to the USA to live NOW? If so, I think it is worth having someone mail the greencard and then use it asap to enter. It is possible that the card was printed before you left and thus is valid.

That being said, you cannot use the greencard/ maintain it while abroad. If you plan on staying abroad more than a few months, a year at best then yes, you will need to file CR-1 once you are ready to return, whenever that is, whether your current card is valid or no.

[redskins47chaos 6]

Okay, thank you! We might move back a year or a year and a half from now but I don't think we wanna move back right away, so you're right, it doesn't really make a difference. That said, how do I give up my current GC so I can reapply for a new immigrant visa later?? Also, change of topic, is it true that the I-130 petition is expedited when the USC spouse is residing abroad legally with the non USC spouse? Thanks a lot!

[Penguin_ie 5,996]

Have whoever has the greencard in the USA mail it to the local USCIS office with a note that you have left the country and do not intend to return for a year or more, and thus would like to hand back the card.

It used to be that all cases where the petitioner lives abroad with the beneficiary were expedited, but now it seems to be only in countries where you can file DCF, ie directly with the embassy. A list of those countries are here: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1ac900c262197210VgnVCM100000082ca60aRCRD&vgnextchannel=1ac900c262197210VgnVCM100000082ca60aRCRD

[newacct 688]

I left the US on July 8th and received the GC on the 25th. Unfortunately, I did not apply for AP with my EAD card or later, big mistake, I know! I just thought I wouldn't leave the US before receiving my GC at this point...Me and my wife decided to go back to France for a while like I said, so I pretty much knew I would have to apply for a CR1 visa if we wanted to live in the US again. It is just really frustrating that I happened to receive the GC barely two weeks after I left. I can't blame anyone else but me on that one, but I was just hoping that maybe there was a way to maintain the PR status. I could have somebody mail me the card (or is it even legal?) but then the CBP officer would see I left before I received the card...or would they see when it was approved instead? makes more sense, but I have no idea when it was technically approved...probably a few days before I received it. Anyways, thanks for your input!

On the green card, what is the "resident since" date? Could it be possible that you already have a green card when you left (but just didn't receive it)?

[redskins47chaos 6]

Ok thanks everyone and sorry for the late response! On the card, it said resident since: July 20th 2013....exactly 12 days after I left!!!!! I definitely should've applied for the AP with my EAD, poor judgment on my part. Anyways, it's too late. I could've had the GC mailed to me but there is a very good chance the CBP officer at POE would've noticed that I left before having the GC. Besides, we can't really go back right away. So I had my mother in law mail the card back to our local USCIS office with a note like you suggested. Is it the proper way to abandon the GC? I never really had it, since I left without AP, it should've been abandoned anyway. Can I apply for a CR1 Visa right away, explaining the situation? Should I try contacting the embassy? I wish they still had DCR filing in France. Thank you for your help!

[didopage 337]

Can I apply for a CR1 Visa right away, explaining the situation?

Wait, so you want to go back to the US now?

[redskins47chaos 6]

Wait, so you want to go back to the US now?

Well I'm not gonna go into details but we came back mostly because my mom has health issues and we thought that we would spend a few years here and get some traveling done, ect... The truth is when we came back, we both had kind of a culture shock. I think we realized that our life is in the US now, and this will only be a short term thing. Now, we're not in a position to go back in a few weeks, so we're planning on staying here for a year or so, but considering the CR1 process could be a year long, might as well start asap. The only thing is I wanna make sure we did everything right so that a new application doesn't conflict with the green card I received in the US.

[CaroSL 68]

Ok thanks everyone and sorry for the late response! On the card, it said resident since: July 20th 2013....exactly 12 days after I left!!!!! I definitely should've applied for the AP with my EAD, poor judgment on my part. Anyways, it's too late. I could've had the GC mailed to me but there is a very good chance the CBP officer at POE would've noticed that I left before having the GC. Besides, we can't really go back right away. So I had my mother in law mail the card back to our local USCIS office with a note like you suggested. Is it the proper way to abandon the GC? I never really had it, since I left without AP, it should've been abandoned anyway. Can I apply for a CR1 Visa right away, explaining the situation? Should I try contacting the embassy? I wish they still had DCR filing in France. Thank you for your help!

You might still be able to use the GC since it was issued. There is requirement though if you stay abroad for a year... You should definitely call the embassy to know if you can use this green card. You can also call the USCIS to ask about it (probably a waste of time, but who knows)

[didopage 337]

You might still be able to use the GC since it was issued. There is requirement though if you stay abroad for a year... You should definitely call the embassy to know if you can use this green card. You can also call the USCIS to ask about it (probably a waste of time, but who knows)

He already surrendered his GC. Plus it was approved and issued after he left the US without AP, so it would have not been a good idea to use it. Technically, he abandoned his AOS application by leaving.

To the OP, yes, you can file for a spousal visa...

[CaroSL 68]

He already surrendered his GC. Plus it was approved and issued after he left the US without AP, so it would have not been a good idea to use it. Technically, he abandoned his AOS application by leaving.

To the OP, yes, you can file for a spousal visa...

oh ok. Well I was never suggesting to use it without confirming the right procedure with the embassy anyway. But point taken