Can you renew I-131 if staying abroad for a longer time?

[emjkitazawa 0]

My husband came to the US on a K-1 visa and we've been married and filed the Adjustment of Status, EAD, and I-131 AP all together. Now, we may be in the situation that we have to return to his home country for some time to live/work. After all this effort, I don't want to abandon his Adjustment of Status. If we stay overseas for more than 1 year using the I-131, can we extend it for a longer time? Any information at all or other's experiences would help. We don't want to begin this process all over again but we will most likely be out of the US for at least 2 years... Please help.

[agnesb 47]

My husband came to the US on a K-1 visa and we've been married and filed the Adjustment of Status, EAD, and I-131 AP all together. Now, we may be in the situation that we have to return to his home country for some time to live/work. After all this effort, I don't want to abandon his Adjustment of Status. If we stay overseas for more than 1 year using the I-131, can we extend it for a longer time? Any information at all or other's experiences would help. We don't want to begin this process all over again but we will most likely be out of the US for at least 2 years... Please help.

If your husband leaves Us for longer than 1 year then green card application will be considered abandoned and you'll have to fill a spousal visa whilst abroad to get your husband entry back to US.

[emjkitazawa 0]

If your husband leaves Us for longer than 1 year then green card application will be considered abandoned and you'll have to fill a spousal visa whilst abroad to get your husband entry back to US.

I'm wondering where you're getting that information?

I have found a couple immigration sites that say there is a renewal for AP:

"Timing for Renewal 120 Days Before Expiration

Applicants for EAD and AP extensions can request to renew the EAD and/or AP up to 120 days prior to the expiration dates of the EAD and/or AP. Adjudications in these cases can take up to 90 days, and delays are possible. While, as of this writing, EADs and APs are generally processed in fewer than 90 days, it is best not to delay renewal filings. It is important to be mindful of the renewal timing and to track this date carefully."

http://www.murthy.com/2013/03/05/ead-and-ap-renewal-clarifications/

Now I'm just wondering if we could file the renewal while abroad...

[van1234essa 11]

I'm wondering where you're getting that information?

I have found a couple immigration sites that say there is a renewal for AP:

"Timing for Renewal 120 Days Before Expiration

Applicants for EAD and AP extensions can request to renew the EAD and/or AP up to 120 days prior to the expiration dates of the EAD and/or AP. Adjudications in these cases can take up to 90 days, and delays are possible. While, as of this writing, EADs and APs are generally processed in fewer than 90 days, it is best not to delay renewal filings. It is important to be mindful of the renewal timing and to track this date carefully."

http://www.murthy.com/2013/03/05/ead-and-ap-renewal-clarifications/

Now I'm just wondering if we could file the renewal while abroad...

Try this..

http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

The uscis is known to be very strict on this. So if you plan on not living in the states for 2 years then why chase the green card in the first place? He would lose it again by staying out the country for that long. He would have to be a citizen to not have to worry about that.

Good luck tho

[Harpa Timsah 13,258]

A reentry permit exists for stays abroad of 2 years, but that is for LPRs, not people with AOS pending. You could skip town now, and then when the GC is approved you could apply for the reentry permit, but I am not sure that they would even approve a GC from someone who has been out of the country on AP for 6 months or more. Seems a little weird. They might though.

[Dave&Roza 748]

My husband came to the US on a K-1 visa and we've been married and filed the Adjustment of Status, EAD, and I-131 AP all together. Now, we may be in the situation that we have to return to his home country for some time to live/work. After all this effort, I don't want to abandon his Adjustment of Status. If we stay overseas for more than 1 year using the I-131, can we extend it for a longer time? Any information at all or other's experiences would help. We don't want to begin this process all over again but we will most likely be out of the US for at least 2 years... Please help.

First thing first is that a GC holder is required to maintain residency in the US. While in Japan, how is your husband going to maintain ties to the US? He still must file income taxes with you. Currently he has no status and has an AP card that will allow him to travel overseas and return to the US. There may be an interview for the GC which you both will have to attend. Once he has the GC he can apply for the re-entry permit BEOFRE leaving the US again. There is the possibility that he could get the required documentation at the US Consulate/Embassy in Japan. The re-entry permit is for stays of less than 2 years. Once you go over the two year mark there is nothing he can really do to get back into the US as his GC will be considered abandoned.

For travel on a GC please have a read of this USCIS website. You might also want to read this on maintaining LPR status as a GC holder. Life is full of decisions and you will have to determine if jumping thru all the hoops to maintain your husband's GC is worth the money and effort or if moving to Japan and then filing for a spousal visa (you might want to check if direct consular filing, DCF, is available in Japan) is the best course when you both decided to LIVE in the US.

Good luck,

Dave

[agnesb 47]

In addition, your husband needs to remove conditions on his green card before it expires and that definitely involves an interview and having to have documents proving bonafide relationship. I am not sure how would that work for someone living abroad...

[emjkitazawa 0]

First thing first is that a GC holder is required to maintain residency in the US. While in Japan, how is your husband going to maintain ties to the US? He still must file income taxes with you. Currently he has no status and has an AP card that will allow him to travel overseas and return to the US. There may be an interview for the GC which you both will have to attend. Once he has the GC he can apply for the re-entry permit BEOFRE leaving the US again. There is the possibility that he could get the required documentation at the US Consulate/Embassy in Japan. The re-entry permit is for stays of less than 2 years. Once you go over the two year mark there is nothing he can really do to get back into the US as his GC will be considered abandoned.

For travel on a GC please have a read of this USCIS website. You might also want to read this on maintaining LPR status as a GC holder. Life is full of decisions and you will have to determine if jumping thru all the hoops to maintain your husband's GC is worth the money and effort or if moving to Japan and then filing for a spousal visa (you might want to check if direct consular filing, DCF, is available in Japan) is the best course when you both decided to LIVE in the US.

Good luck,

Dave

I am trying to explore all our options for not abandoning our case while living abroad, but is it true that if he has no green card then any stay overseas for more than 6 months constitutes abandonment? This whole process seems extremely subjective. Depending on the reason we are abroad and the work he's engaged in could determine if he is a LPR or not.

Based on what I'm hearing here and through my searching, it seems like we just have to abandon our case and apply for a spouse visa in the future when it's feasible for us. If we leave the US without first obtaining his LPR and thus abandoning the case, will this mean we will have trouble filing for a spouse visa in the future? I realize we may have to close the door on this current case, but I don't want to create a situation where he will never be eligible for a visa in the future.

Edited January 27, 2014 by emjkitazawa

[aussie_jason 195]

As long as you don't lie or try to get around the system fraudulently then there will be no issues just by abandoning your application when it comes to filing again.

But it sounds like it should be you now filing to be a LPR of Japan.

[MochiKamo 93]

Advance Parole was not easy to use for us. We had to use it about a couple weeks before our AOS interview and coming back from a week long trip to Tokyo it was a mess having to convince the airline staff what the AP really was. Then my wife went into secondary processing upon return to LAX. You'd think that leaving for one week and coming back with Advance parole and all supporting documents would not be cause for trouble, but that was unfortunately not the case.

While extending the AP may be possible, it will not be an easy process, not would it guarantee re-entry. You may indeed be better off cancelling the current petition and reapplying again in the future. Unfortunately I do not know the extent of the ramifications for this.

[Hypnos 6,576]

A green card is for someone living in the US, which by your own admission you won't be doing for 1 - 2 years. You should withdraw your application, live overseas for however long, then file for an immigrant visa around a year before you plan to return to the US.

I don't believe there is a hard and fast rule about how long someone with a pending I-485 can remain outside the US on AP, but if called to an AoS interview and they find out you're living in Japan, not the US, I'm not sure they would approve it under those circumstances.