just wanna cry

[EsOrEnNa 0]

hey guys i have some questions..

hubby and i met in 2002 in Germany, he was in the army..

after his ''army time'' i came to USA (with the 90 day VISA)

we got married right away (agust 2004).. we didnt plan it though..

Called USCIS for the Forms and sent them right away for my Green Card,

i had my fingerprints (november 2004) and months later i had my AOS (june 2005)

and about a week later i had my 2 year green card.. and started working..

now to my problem.. i came back to germany 2 weeks ago.. i am currently 6 months preggers and i need to have the baby here.. we didnt had health insurance over there and i was always sick and that broke our bank cuz we had to pay for all the docter and hospital visits.. i still have my insurance over here in germany and thats why i came back here.. to get more help..etc

now i am really scared that i am gonna lose my green card because the baby is due in april and i have to file for my 10 year green card then too.. that expires in june 2007.. and i need to file it 3 months earlier i think.. but i am gonna be here in germany having the baby then..

can i file for the 10 year GC from here too or do i have to be in VA (usa) where we live and where we filed for it.. or do i need to file with a lawyer now.. i dont know all the laws..

my other question is.. what do i need to file so that our son can stay with us in VA when i go back.. do i need to file some paperwork for him too..

thank u soooooooo much..

ps.. i am planning to go back to VA around july or august 2007..

but it depends on my health and on that from our son..

Edited December 29, 2006 by hpnotiqwife

[jsnearline 2]

Are you still maintaining an address in the US? Is someone handling your mail while you are goine? If so, why not at least make an attempt to file using the address on file with USCIS. If you mail it to the right service center with the right fee in US dollars, maybe they'd accept it? The problem would be getting your NOAs and your new green card if you're not actually living there.

If that doesn't work, the only recourse I can think of is to file late once you return to the US and include a letter to the Service Center Director explaining the situation and pleading for mercy.

Edited December 29, 2006 by jsnearline

[Yodrak 7]

hpnotiqwife,

You can apply for removal of conditions from Germany. There are a lot of details about your situation that you do not mention, and that may or may not be important.

After your child is born you can contact the nearest US consular section to find out how to register the birth of a US citizen born abroad - assuming that you child will be a US citizen due to having a USC parent.

Have a consultation with an immigration attorney to ask your questions and find out what you need to do so as not to create problems for yourself.

Yodrak

hey guys i have some questions..

hubby and i met in 2002 in Germany, he was in the army..

after his ''army time'' i came to USA (with the 90 day VISA)

we got married right away (agust 2004).. we didnt plan it though..

Called USCIS for the Forms and sent them right away for my Green Card,

i had my fingerprints (november 2004) and months later i had my AOS (june 2005)

and about a week later i had my 2 year green card.. and started working..

now to my problem.. i came back to germany 2 weeks ago.. i am currently 6 months preggers and i need to have the baby here.. we didnt had health insurance over there and i was always sick and that broke our bank cuz we had to pay for all the docter and hospital visits.. i still have my insurance over here in germany and thats why i came back here.. to get more help..etc

now i am really scared that i am gonna lose my green card because the baby is due in april and i have to file for my 10 year green card then too.. that expires in june 2007.. and i need to file it 3 months earlier i think.. but i am gonna be here in germany having the baby then..

can i file for the 10 year GC from here too or do i have to be in VA (usa) where we live and where we filed for it.. or do i need to file with a lawyer now.. i dont know all the laws..

my other question is.. what do i need to file so that our son can stay with us in VA when i go back.. do i need to file some paperwork for him too..

thank u soooooooo much..

ps.. i am planning to go back to VA around july or august 2007..

but it depends on my health and on that from our son..

[sparkofcreation 0]

A couple of issues here:

1. Be careful you don't stay out of the US more time than you're allowed to without a reentry permit or do anything that would make them say you abandoned your status (like filing German taxes as a resident or US taxes as a non-resident--I don't know what else). I forget how long that period is, either 6 months or a year (I think a year).

2. You can file any time between 90 days before your card expires and the date the card expires.

3. There are a lot of things you didn't mention, but I *think* (don't know) that the only way you can file the I-751 while living in Germany is if your husband is also living and working in Germany (either for the military, US government, US company, etc.) at the time. In any case, jsnearline has a point--you could probably file using your US address.

4. That said, jsnearline's other suggestion of just filing late is NOT a good idea. For one thing, you won't be able to re-enter the US in July or August if your green card expires in June and you don't have an NOA for your I-751. For another, the USCIS is NOT the agency that handles rescission proceedings (ICE does that) so pleading to the director of USCIS will do you no good. I suspect that, since you'd automatically be scheduled for rescission proceedings, if they let you into the country you'd probably be arrested at the airport.

5. If I were you, I'd make darn sure to be back in the US with my son (Yodrak is right about what to do about that) *before* my green card expires in June, then you can just file the I-751 when you get back.

[diadromous mermaid 36]

A couple of issues here:

1. Be careful you don't stay out of the US more time than you're allowed to without a reentry permit or do anything that would make them say you abandoned your status (like filing German taxes as a resident or US taxes as a non-resident--I don't know what else). I forget how long that period is, either 6 months or a year (I think a year).

A re-entry permit is not required for absences of 6 months to one year. But an absence of more than one year will require one! The issue as a conditional resident is maintaining US as one's permanent domicile.

2. You can file any time between 90 days before your card expires and the date the card expires.

True

3. There are a lot of things you didn't mention, but I *think* (don't know) that the only way you can file the I-751 while living in Germany is if your husband is also living and working in Germany (either for the military, US government, US company, etc.) at the time. In any case, jsnearline has a point--you could probably file using your US address.

Not true.

4. That said, jsnearline's other suggestion of just filing late is NOT a good idea. For one thing, you won't be able to re-enter the US in July or August if your green card expires in June and you don't have an NOA for your I-751. For another, the USCIS is NOT the agency that handles rescission proceedings (ICE does that) so pleading to the director of USCIS will do you no good. I suspect that, since you'd automatically be scheduled for rescission proceedings, if they let you into the country you'd probably be arrested at the airport.

I question the accuracy of this. IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE).

is the agency with the DEPARTMENT OF HOMELAND SECURITY, IMMIGRATION AND CUSTOMS ENFORCEMENT that handles enforcement matters within the US borders, including detention, REMOVAL,

and worksite raids. USCIS would be the one to determine is a green card is to be rescinded.

5. If I were you, I'd make darn sure to be back in the US with my son (Yodrak is right about what to do about that) *before* my green card expires in June, then you can just file the I-751 when you get back.

Not necesary as long as there is a way for her to receive the NOA extending the validity period of her CGC.

[sparkofcreation 0]

3. There are a lot of things you didn't mention, but I *think* (don't know) that the only way you can file the I-751 while living in Germany is if your husband is also living and working in Germany (either for the military, US government, US company, etc.) at the time. In any case, jsnearline has a point--you could probably file using your US address.

Not true.

Which part isn't true? The instructions only say where to file if you live in the US or if your spouse is deployed overseas with the US military or government. And that if the latter is true, you must include a copy of the spouse's orders. There are no instructions on where to file if you are living outside the US for another reason, so I would assume that it's not possible.

My view on the definition of "living" is that *if* she still has a residence in the US, she *could* be said to be "living" there (similar to the way that college students officially "live" with their parents, even if they're temporarily staying in a dorm), so jsnearline could be correct that she can file there. Obviously, of course, I'm not an immigration lawyer and don't know what one would advise.

And given how many things mailed by us to the UK, and from G's family/friends to us, have gone astray over the past three years, I wouldn't trust the international mail with my NOA-1 (an irreplaceable immigration document) if I were the immigrant (heck, I didn't trust them with mailing it from Dallas to here, but had no choice), which is why I said that *if* it were me, which of course it's not, I would make sure I was back in the US in time to enter on the unexpired green card and file my I-751 from here. Because what if I filed in March as soon as I was eligible, Vermont took two months to mail the NOA-1 (as they've been doing lately), another week to reach Virginia, then it would take another week to reach Europe even if my husband mailed it to me that day, which is a margin of only two weeks before the green card expires. And if it got lost on the way to Europe, I'd be SOL.

It's a bigger risk than *I* personally would be willing to take. What risk the OP feels comfortable with is, of course, up to her.

[diadromous mermaid 36]

3. There are a lot of things you didn't mention, but I *think* (don't know) that the only way you can file the I-751 while living in Germany is if your husband is also living and working in Germany (either for the military, US government, US company, etc.) at the time. In any case, jsnearline has a point--you could probably file using your US address.

Not true.

Which part isn't true? The instructions only say where to file if you live in the US or if your spouse is deployed overseas with the US military or government. And that if the latter is true, you must include a copy of the spouse's orders. There are no instructions on where to file if you are living outside the US for another reason, so I would assume that it's not possible.

My view on the definition of "living" is that *if* she still has a residence in the US, she *could* be said to be "living" there (similar to the way that college students officially "live" with their parents, even if they're temporarily staying in a dorm), so jsnearline could be correct that she can file there. Obviously, of course, I'm not an immigration lawyer and don't know what one would advise.

And given how many things mailed by us to the UK, and from G's family/friends to us, have gone astray over the past three years, I wouldn't trust the international mail with my NOA-1 (an irreplaceable immigration document) if I were the immigrant (heck, I didn't trust them with mailing it from Dallas to here, but had no choice), which is why I said that *if* it were me, which of course it's not, I would make sure I was back in the US in time to enter on the unexpired green card and file my I-751 from here. Because what if I filed in March as soon as I was eligible, Vermont took two months to mail the NOA-1 (as they've been doing lately), another week to reach Virginia, then it would take another week to reach Europe even if my husband mailed it to me that day, which is a margin of only two weeks before the green card expires. And if it got lost on the way to Europe, I'd be SOL.

It's a bigger risk than *I* personally would be willing to take. What risk the OP feels comfortable with is, of course, up to her.

hypnotiqwife's husband was once in the military in Germany. I don't see that he has been or is in active service overseas at this time. Perhaps I missed something.

Once again, if her visit to Germany is o0f a temporary nature (to give birth) then she is considered still to be "living" in the USA.

Do I Need to Be Physically Present in the United States at the Time of Filing?

The Form I-751 (Petition to Remove the Conditions on Residence) can be filed regardless of whether you are physically present in the United States at the time that you file. However you must return to the United States with your spouse and your children in order to comply with the interview requirement.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

[EsOrEnNa 0]

thank you sooooo much!! i got lots of info now..

btw.. hubby and i lived in VA since july 2004.. he is still there right now.. he comes to the birth in april and hopefully we (baby and i) can go back soon after that.. i dont wanna stay here for long cuz i am living with my parents again and that is just for a short time.. i wont be filing for taxes over here.. cuz i dont get any money from the state..etc..

ps.. hubby is not ín the army anymore.. he got out and moved back to the states.. and then i followed him..

should i contact the office where we filed for my GC or should i contact the office here in germany cuz i am here right now..?

thanks again

[EsOrEnNa 0]

'' yes i am still ''living in the US'' all my stuff is there.. LOL

but i had to change the address temporary.. for insurance reasons and cuz i needed to change my last name.. i still had my maiden name in my german ID and that expired.. so i had to change everything.. address and name.. but i have my VA address in my ''VA'' ID and in my german passport.. (i had to get a new one in 2005 cuz it expired.. and i lived in VA then..)

Edited December 29, 2006 by hpnotiqwife

[diadromous mermaid 36]

thank you sooooo much!! i got lots of info now..

btw.. hubby and i lived in VA since july 2004.. he is still there right now.. he comes to the birth in april and hopefully we (baby and i) can go back soon after that.. i dont wanna stay here for long cuz i am living with my parents again and that is just for a short time.. i wont be filing for taxes over here.. cuz i dont get any money from the state..etc..

ps.. hubby is not ín the army anymore.. he got out and moved back to the states.. and then i followed him..

should i contact the office where we filed for my GC or should i contact the office here in germany cuz i am here right now..?

thanks again

In this case, you would consult the I-751 form instructions for the office that has jurisdiction over your permanent resident state in the US (VA, if you are still residing there at the time the form is to be filed).

[diadromous mermaid 36]

'' yes i am still ''living in the US'' all my stuff is there.. LOL

but i had to change the address temporary.. for insurance reasons and cuz i needed to change my last name.. i still had my maiden name in my german ID and that expired.. so i had to change everything.. address and name.. but i have my VA address in my ''VA'' ID and in my german passport.. (i had to get a new one in 2005 cuz it expired.. and i lived in VA then..)

When you say you "had to change your address temporarily", do you mean in order to gain access to German Health benefits and made the address change there, or do you mean that you filed an AR-11 with USCIS and indicated that you are temporarily residing overseas?

[EsOrEnNa 0]

When you say you "had to change your address temporarily", do you mean in order to gain access to German Health benefits and made the address change there, or do you mean that you filed an AR-11 with USCIS and indicated that you are temporarily residing overseas?

yes thats why.. and to get a new ID..

[EsOrEnNa 0]

i didnt file a AR-11 yet.. i just did the address change last week..

[diadromous mermaid 36]

i didnt file a AR-11 yet.. i just did the address change last week..

You do not need to include temporary addresses as long as you maintain your present address as your permanent residence and continue to receive mail there.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

however, I am curious as to exactly what you were required to declare to access German health benefits. Are you registered as a permanent resident of Germany?

Edited December 29, 2006 by diadromous mermaid

[EsOrEnNa 0]

however, I am curious as to exactly what you were required to declare to access German health benefits. Are you registered as a permanent resident of Germany?

thats the reason why i had to change my VA address to the german one.. thats all they needed and german ID..