LPR abroad for over a year... so confused.

[kamij 0]

Hello,

My husband and I went through the whole process of getting my CR1 application, it was granted and I entered the US two years ago. My husband was in the military and we lived in Korea (on orders) at the time. He got out a few months later and we moved to UK in Sept 2012, as I was trying to finish my degree (the final year). We originally planned to come back to US after a year, but as things happen, I ended up getting a job and my husband didn't and he enrolled in a college here for a 3 year degree. My I-751 filing date was Jan 2014, we gathered paperwork and sent it off, including a letter explaining the situation (living currently in the UK, but temporarily) and I have just received a biometrics appointment letter for 30 Jan.

I was hoping that I was going to be able to do the biometrics here (I obviously didn't do enough research to realize it wasn't possible!) and I have just looked into this more - I am quite stumped on what we should do now.

1. I have now been out of the country for 16 months and I realized that I may have a problem going back (even for the biometrics appointment). What is the best thing to do about this? We have not filed for a reentry permit as originally we were supposed to come back within a year.

2. We were planning on going to the US for a friend's wedding in June. I was hoping to put off the biometrics appointment until then... Is that possible?

3. I have read of similar cases before where LPR and their USC spouse resided abroad temporarily and upon filing I-751, USCIS put their case "on hold" until their return - and I thought that would happen to us.

4. If my green card does get revoked, I assume I would need a tourist visa to travel to the US. Would I have a problem getting one given our temporary stay in the UK?

5. I definitely do not want to abandon the status, so what needs to be done to ensure that doesn't happen going forward? File for the reentry permit? I understand that I would need to be in the US for that, but what about my work? Is there anything else that we need to do?

Thank you for help in advance!

[NigeriaorBust 4,087]

A green card is to live in the US which you are not doing. You have stayed out more than 12 months without a re entry permit chances are you will have issues ( good chance at being denied entry) If you are ready to come back to the US to live you can reapply ( you are probably looking at this anyway ) Do not bother until you want to live in the US. You could take your chances at getting back to the US , but you also run the risk that ROC will be denied for failure to maintain residence ( what evidence of US residency did you send ? ) You could turn the green card in and then try to get a visitors visa ( or use VWP if you are eligible )

[belinda63 3,052]

The good news is the time he was in the military overseas doesn't count against you. The bad news is you have been out of the country for more than a year since he was released from military service. Very unlikely you will not have problems entering the US. You could voluntarily return you green card and reapply when you are ready to return to the US or you can take your chances.

[Dave&Roza 748]

Hello,

My husband and I went through the whole process of getting my CR1 application, it was granted and I entered the US two years ago. My husband was in the military and we lived in Korea (on orders) at the time. He got out a few months later and we moved to UK in Sept 2012, as I was trying to finish my degree (the final year). We originally planned to come back to US after a year, but as things happen, I ended up getting a job and my husband didn't and he enrolled in a college here for a 3 year degree. My I-751 filing date was Jan 2014, we gathered paperwork and sent it off, including a letter explaining the situation (living currently in the UK, but temporarily) and I have just received a biometrics appointment letter for 30 Jan.

I was hoping that I was going to be able to do the biometrics here (I obviously didn't do enough research to realize it wasn't possible!) and I have just looked into this more - I am quite stumped on what we should do now.

1. I have now been out of the country for 16 months and I realized that I may have a problem going back (even for the biometrics appointment). What is the best thing to do about this? We have not filed for a reentry permit as originally we were supposed to come back within a year. More than one year outside the US without having applied for a re-entry permit means your GC has been abandoned and you will be denied entry to the US if you should try.

2. We were planning on going to the US for a friend's wedding in June. I was hoping to put off the biometrics appointment until then... Is that possible? You will need to apply for a tourist visa and show strong ties to your "home" country. The fact that you have a USC spouse will count against you.

3. I have read of similar cases before where LPR and their USC spouse resided abroad temporarily and upon filing I-751, USCIS put their case "on hold" until their return - and I thought that would happen to us. Temporarily in my mind is not spending 16 months in another country with a job. Your ROC will be denied as you have failed to maintain a residence in the US--have you and your husband at least filed US taxes as that is a requirement of all USCs and LPR.

4. If my green card does get revoked, I assume I would need a tourist visa to travel to the US. Would I have a problem getting one given our temporary stay in the UK? Sorry to say, but it is not IF your GC gets revoked it is WHEN does it get revoked as it is no longer valid since you have spent more than 1 year outside the US. Wait until the 2 year mark of being outside the US and there will defiantly be no question about your GC status. You may be able to go to the local US consulate and explain your situation and see if they will issue you a travel document to enter the US. IF not, you can turn in your GC at that time.

5. I definitely do not want to abandon the status, so what needs to be done to ensure that doesn't happen going forward? File for the reentry permit? I understand that I would need to be in the US for that, but what about my work? Is there anything else that we need to do? NO! You have already abandoned your LPR status. As I state in #4 about--there is a very slim chance you can get a travel document issued by the local Consulate/Embassy, but I would not hold my breath. Your USC husband will have to file a spousal visa for you when you are ready to LIVE IN THE US.

Thank you for help in advance!

I would say you need to go to the local Embassy/Consulate and see if you can get a "Returning Resident Visa". See this website of the USCIS about travel abroad as a LPR. You have a very slight chance of being granted the "Returning Resident Visa" and I see that as your only help now other than applying for another spousal visa.

Good luck,

Dave

[kamij 0]

Thank you all. We have been filing taxes and as evidence we provided the tax returns, US account and credit card statements with both our names on them, my state ID, family photos as well as some documents to show that my husband is going to college here, which is the reason for our stay in the UK.

If we decide to stop pursuing this until we intend to move back to US, is it better to return the GC (to the Embassy I assume?) or keep it with hopes of going for SB-1?

Also, will the new IR-1 process be affected by the previous CR-1 incompletion? Will we need to supply all the paperwork again? (I'm sorry if this is a silly question)

Any ideas about travelling to the US in the meantime? (no, I am not eligible for VWP - Polish citizen)

[NigeriaorBust 4,087]

The sb1 would be a long shot for you. You would be expected to prove you couldn't avoid the delay. It is usually for someone stricken by something major and long term not for life choices. Just go to the embassy and say that you have a change in life plans due to opportunities there and that you wish to surrender your green card as you will not be keeping a US residence at the moment. Depending on where you are living a DCF ( direct consular filing ) may be a fairly quick path back under an IR1

[Jawaree 718]

You should return right away and sort things out,,,get a month leave of

absence there, sort things out here and plan to stay/live in the USA..it

cannot be put off until June... get in the US B4 the end of this mth

[Dave&Roza 748]

You should return right away and sort things out,,,get a month leave of

absence there, sort things out here and plan to stay/live in the USA..it

cannot be put off until June... get in the US B4 the end of this mth

You are assuming that the CBP will allow re-entry on the current GC without a re-entry permit. The OP has been outside the US for 16 months, so it is not as simple as hopping on an airplane and returning to the US. They have exceeded the one year outside the US on a GC. At least it appears they have maintained a presence in the US and have filed their taxes, but the OP did take a job in the UK while the USC husband is going to school. They could argue that this was temporary even though it has lasted for more than a year, but they would need some sort or re-entry permit or returning resident visa issued by the local Embassy/Consulate in order to be allowed to enter the US. The airlines will allow her to board the airplane to fly to the US, but at the POE she will be turned away due to the time outside the US.

Dave