removing the condition status in my GC

[milimelo 4,568]

You just wasted more money. WHAT happened to the filing from May/June this year? Never went through and never received NOA1?

HOW did you pay this time? Normally people pay with personal check so they can see when it has been cashed. Did you do this for the first or this second filing? That's how you can track that USCIS received and collected the money.

In any case, based on all you said so far - get your husband to file I-130 for you and prepare to stay put until you get your immigrant visa.

[kathony 0]

You just wasted more money. WHAT happened to the filing from May/June this year? Never went through and never received NOA1?

HOW did you pay this time? Normally people pay with personal check so they can see when it has been cashed. Did you do this for the first or this second filing? That's how you can track that USCIS received and collected the money.

In any case, based on all you said so far - get your husband to file I-130 for you and prepare to stay put until you get your immigrant visa.

Yeah I know we taking all the risks for me to go back statesides.... We did send the application together with the money order both for $505 and $85 for biometrics....

[milimelo 4,568]

You don't think you could've spent that money on I-130? That's $420 and with that you'd really be on the path to immigrant visa vs. now getting I-751 denied and wasting more time...

But definitely up to you and your husband.

[mrsfrisbey 6]

what i don't understand is - you left the country, paid airfare, when you could have filed for your I-751 at that time. and waited until you get your 10 year green card before leaving the country. (that is your responsibility) i'm sorry but i think everyone is right.

A U.S. permanent resident card holder whose card is lost, mutilated, expired or never received from CIS, may be eligible to apply for a Transportation Letter issued by the DHS/CBP. The Transportation Letter will only allow you to board a flight returning to the U.S. but does obligate the U.S. Government to admit you once you have landed. In order for CBP to issue such a letter, you must demonstrate to DHS/CBP that you:

1. Are a lawfully permanent resident of the U.S. at the time of departure from the U.S.;
2. Maintain residence in the U.S.;
3. At the time of departure, had the intention of returning to the U.S.;
4. Have not formally abandoned your resident status (by filing Form I-407); and,
5. Have not been outside the U.S. for a continuous period of one year or more unless authorized by the U.S. Government.

Edited September 21, 2013 by mrsfrisbey

[Harpa Timsah 13,258]

OP: Get a lawyer. Your English isn't very good and you have made a lot of mistakes with filing ROC. I don't think anyone here can help you because you don't understand what people tell you.

[Dave&Roza 748]

Vanessa is correct, your ROC applicaion will be denied because you left the country instead of filing for ROC before the 2 year GC expired. That was your re-entry document to the US. Now your only options are to obtain a tourist visa--this will be denied because they will think you will use it to come to the US to be with your husband and file for AOS inside the US-- or a spousal visa--the I-130. The sooner you file the I-130 the sooner you and your husband will be together in the US.

Good luck,

Dave

Edited September 21, 2013 by Dave&Roza

[Harpa Timsah 13,258]

Btw, they can accept late ROC applications. it appears the OP filed the wrong check in May, and then only in September sent in a new application.

It is possible that this application will be accepted. You can also file ROC from abroad. But it sounds like the husband filed the ROC. If the wife didn't sign it or anything then it will be rejected too.

[mrsfrisbey 6]

Btw, they can accept late ROC applications. it appears the OP filed the wrong check in May, and then only in September sent in a new application.

It is possible that this application will be accepted. You can also file ROC from abroad. But it sounds like the husband filed the ROC. If the wife didn't sign it or anything then it will be rejected too.

but what if (just what if) they get an interview? how is it going to work out? is it legal to let them know the petitioner is out of the country? and abandoned her residency.

[Harpa Timsah 13,258]

but what if (just what if) they get an interview? how is it going to work out? is it legal to let them know the petitioner is out of the country? and abandoned her residency.

Oh, if she doesn't get back into the country before a year is over (sounds like she has one month left), then she will abandon her residency.

She may have already abandoned it, but I think there might be a chance if she could get her act together and get a transport letter and a NOA1 for ROC (which would mean they accepted the late filing).

If they got to an interview it'd be way too long by then.

This whole story is just so odd, too many bad decisions along the way.

[mrsfrisbey 6]

Oh, if she doesn't get back into the country before a year is over (sounds like she has one month left), then she will abandon her residency.

She may have already abandoned it, but I think there might be a chance if she could get her act together and get a transport letter and a NOA1 for ROC (which would mean they accepted the late filing).

If they got to an interview it'd be way too long by then.

This whole story is just so odd, too many bad decisions along the way.

gotcha! so, she needs an NOA1 to get a transport letter (that you can only get for a period of 12 months) with an expired GC.

[Dave&Roza 748]

Btw, they can accept late ROC applications. it appears the OP filed the wrong check in May, and then only in September sent in a new application.

It is possible that this application will be accepted. You can also file ROC from abroad. But it sounds like the husband filed the ROC. If the wife didn't sign it or anything then it will be rejected too.

If you read the original post, the OP had the CGC in 2010 which means they had to file at the lastest by the end of 2012 and they filed in May after she had left the country. So this is not a matter of "we filed on time but included the wrong amount." It is we failed to file before the CGC expired and then waited several MONTHS after that to file. Unless they have a good hardship reason, I do not think the ROC will be accepted. THey wasted their money and now have to file the spousal visa.

Dave

[Harpa Timsah 13,258]

If you read the original post, the OP had the CGC in 2010 which means they had to file at the lastest by the end of 2012 and they filed in May after she had left the country. So this is not a matter of "we filed on time but included the wrong amount." It is we failed to file before the CGC expired and then waited several MONTHS after that to file. Unless they have a good hardship reason, I do not think the ROC will be accepted. THey wasted their money and now have to file the spousal visa.

Dave

Yeah, I agree they wasted time, and I can't believe they waited months after the first rejection to file again. They had the money, since the first one was rejected.

Also, I call BS on the "we don't have money thing." ROC costs less than a ticket to the Philippines.

But, I have seen people get ROC accepted when they file late, really late. So, I don't know the criteria or how easy it is to get it accepted late.

So I defer to USCIS, to see if they accept it. If they do, then I think overnighting the NOA1 to the wife or getting a transport letter would work. Theoretically.

[mrsfrisbey 6]

Harpa, that is what i don't understand as well. you have 2 years to at least save up for the ROC fee (if money is tight) but leaving the country and spending airfare cost more than paying for the ROC fee. and there's always the waiver fee available for everyone who needs it.

[VanessaTony 3,567]

Btw, they can accept late ROC applications. it appears the OP filed the wrong check in May, and then only in September sent in a new application.

It is possible that this application will be accepted. You can also file ROC from abroad. But it sounds like the husband filed the ROC. If the wife didn't sign it or anything then it will be rejected too.

They only accept late filings for valid reasons and a letter explaining the valid reasons is required to be submitted with ROC. The "we couldn't afford it" excuse is doubtful to be accepted because they could have applied for a fee waiver and haven't mentioned that they'd tried. If they'd tried the fee waiver and failed and THEN filed late because they were trying to get the money, I'd think that would stand a chance... but given her timeline:

Oct 2012 - Leaves US

Nov 2012 - GC expires

May 2013 - ROC filed and returned for wrong payment

May/Jane 2013 - ROC filed again. Have heard nothing. No receipt, no biometrics, no interview, nothing.

The OP is living outside the US and has been for 11 months. The OP's GC expired 10 months ago and their late-filed ROC has apparently seen no movement.

I don't know if they keep records of returning packets but if they did and the OP attempts to file ROC again, they will see that she filed late in May 2013 and it was returned for wrong payment. The other packet seems to have disappeared so they will wonder why she waited so long to refile if it was only off by $1 (as she stated in the OP).

Of course it's up to the OP whether or not she tries... but I find it odd nothing has come of this "missing" packet and she doesn't mention any call to follow up on it. She doesn't mention whether the check was cashed so we don't even know if maybe there was a mail problem and it could have already been denied for lack of attendance at biometrics or whatever.

Personally I'd go the I-130 route which is much safer, but will take longer. And she'll get the 10 year card on entry anyway so won't need to worry about ROC.

I too am curious about how the could afford the return flight but couldn't afford ROC...