Filing I-751, but leaving the country for an extended time

[FoundNanning 0]

We will file an I-751 for my wife in the next 10 days. However, in July, we will be leaving for an extended trip to her home country (China). There should be plenty of time to receive/do the Biometrics, but not likely enough time for the process to complete. My questions:

1) Since we will not be in the country, how will we know if/when a Refusal/RFE/or Acceptance is sent?

2) If an interview is scheduled (how would we find out?) , can it be held in China? If not, can it be delayed till we come back?

3) Although unlikely, if we were out of the country more than a year (past the time of the 1 year extension for the filed I-751), what would the process be? Is she REQUIRED to come back from to the US before the 1 year extension is up to complete the process?

TIA!!!

[Hypnos 6,576]

1) Have your mail checked by a relative or trusted friend, to open mail from USCIS on your behalf and send you the contents.

2) As above, you'll receive a letter informing you.

3) If your LPR wife remains outside of the US for more than a year then her residency is automatically considered abandoned. If you believe there's a chance you will be remaining outside the US for over a year then you should apply for a re-entry permit now, using an I-131. This allows a green card holder to remain outside the US for between one and two years without automatically abandoning their residency.

You should note that a green card is for someone who wishes to live in the US. If your wife isn't living in the US, then she is no longer eligible for a green card. Upon re-entry (even with a re-entry permit) she may be required to show proof to CBP that she hasn't abandoned her residency. This proof could be: showing she's continued to pay her federal income taxes, that she has maintained a residence, that she has maintained insurance policies and bank accounts, etc.

[milimelo 4,486]

3) If your LPR wife remains outside of the US for more than a year then her residency is automatically considered abandoned. If you believe there's a chance you will be remaining outside the US for over a year then you should apply for a re-entry permit now, using an I-131. This allows a green card holder to remain outside the US for between one and two years without automatically abandoning their residency.

You should note that a green card is for someone who wishes to live in the US. If your wife isn't living in the US, then she is no longer eligible for a green card. Upon re-entry (even with a re-entry permit) she may be required to show proof to CBP that she hasn't abandoned her residency. This proof could be: showing she's continued to pay her federal income taxes, that she has maintained a residence, that she has maintained insurance policies and bank accounts, etc.

No point filing for I-131 - they'll only issue it up to the expiration date of the green card as it's a conditional one and not a 10-yr one. The 10-yr one would get the 2 yr re-entry permit.

[Hypnos 6,576]

Ah quite right, that's noted in the I-131 instructions.

I wonder if the OP files an I-751, receives the extension letter, then applies, would they then receive the full 2 years on a re-entry permit? The instructions seem a little ambiguous on this point:

"A Reentry Permit issued to a conditional resident is valid for 2 years from the date of issuance, or to the date the conditional resident must apply for the removal of conditions on his or her status, whichever date comes first."

Edited April 27, 2014 by Hypnos

[AnotherLostSoul 167]

The description seems funny to me as to me it is the same thing basically. When one applies for a conditional resident it is valid for two years only due to the "condition" set on it. So when it says "or to the date the conditional resident must apply for the removal of conditions on his or her status" is that two year basically. So when it says "whichever date comes first" is funny as it is, as none of them comes first...both of them comes at the same time...unless the "date of issuance" does not mean the date of issuance of the conditional green card itself...if it doesn't mean that it is then a little ambiguous to me as well instead of funny....interesting...

"A Reentry Permit issued to a conditional resident is valid for 2 years from the date of issuance, or to the date the conditional resident must apply for the removal of conditions on his or her status, whichever date comes first."

[FoundNanning 0]

Two Hypotheticals then. Our I-751 will either 1) Require more info (a RFI), and/or have an interview request or 2) Be approved.

1) If we are out of the country, and a RFI or request for interview is sent, can we delay sending the info (if it's not readily available outside the US) and/or delay the interview until we come back (as long as it is not longer than a year?

2) If it's approved, what happens? D they just send a new permanent Green Card? Could a friend just forward it to us then, or is there something we need to do that necessitates our presence in the US after it is approved?

[FoundNanning 0]

One more q! Is the 1 year extension you get (after we file the I-751) 1 year from the filing date of the I-751, or 1 additional year after the original green cards expiration?

[Hypnos 6,576]

1) You're typically given 87 days to respond to an RFE once it's issued. If you fail to respond to the RFE by the deadline, or your response is inadequate, then it's an automatic denial from there. You can reschedule an interview, but I imagine there's an upper limit both on the amount of times you can do it, and the amount of time you can put it off for before they would just issue a denial.

2) If the I-751 is approved without an interview then the 10 year unconditional green card will just appear in the mail.

3) I believe the extension is one year from the date of their receipt of the filing, but I am not 100% on that.

Edited April 29, 2014 by Hypnos