Expired CPR status while overseas

[ns1984 0]

Hello,

I am married to a U.S citizen and I got my 2 year Conditional Permanent Resident status in December 2009. We came to India in August 2010, what was to be a 6 month trip. After arriving in India, our stay got extended due to various reasons, not all of them in our control (- due to her health issues, birth of our first child and lack of funds to fly back ) and my status expired while I was in India. We want to move back to U.S and can sufficiently prove that I never abandoned ties (spouse family is based in St Louis and I have regular ties with them and have attended school online for 1 year after leaving U.S and have paid taxes every year). We are applying for a U.S passport for my daughter so she will be fine flying to US.

Now, what options do I have? Can I apply for 'Removal of Conditions'? I read that this can be done if a letter is written to Visa Officer explaining why the filing of application was delayed. I know that the 'Removal of conditions' can be done when overseas. But I am not sure if I can do this, as my status has expired.

Is my status considered abandoned? If this is the case, I should be able to apply I-130 through DCF in Delhi?

I understand what a f*** up it is and I kick myself everyday for letting this happen. There is no need to remind me what I should have done. But please do let me know what I can do now! Any suggestions are appreciated!

Thank you!

Nadeem

[NigeriaorBust 4,087]

You did not apply for ROC in a timely matter, You have abandoned your status and will probably have to start all over. You could try for a returning resident permit through the embassy but it is iffy being so long after your status expired.

[ns1984 0]

@NigeriaorBust I read that SB-1 Visa (Returning resident) is only for 10 yr GC holders.

Does anybody have any idea about writing to VIsa officer for ROC after expiry date? I know this is possible and have read a document of instructions to the Visa officer on the procedure to follow in such cases. There is no mention of timelines there. If the officer thinks, my reasons are genuine and is satisfied with the evidence I have sent, he or she can simply accept my application! If not 100% satisfied, they can ask for a interview. But as I am not in US, I cannot attend the interview. It makes me think, this procedure is only for those residing in the country when the ROC date passed. It is still very tempting but would like to know if anybody here has gone this way!

[aaron2020 11,651]

Your green card expired almost 2 years ago. You have been outside the US for over 3 years. You were in the US for 9 months before leaving.

Unless you have medical issues that prevented you from traveling for 2 years since the green card expired, you are unlikely to be excused for filing late.

IMHO, you would be wasting time and money pursuing a ROC or Returning Visa. It is best to apply for a new immigration visa. Once you get to the US, you will get a regular green card.

[ns1984 0]

Thanks for the reply aaron2020. I was thinking along the same lines. I do have medical reasons but not my own! My wife was in and out of hospital quite frequently over the last 2 years and we had barely any time/money left inbetween these hopsital statys.

I will go for the DCF option. I will need to apply at New Delhi. I will keep people posted once I start the process.

If anybody has any other suggestions, please do let me know!