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katchoo12

Had to go back in Canada to take care of my dying brother

By katchoo12 in Removing Conditions on Residency General Discussion

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katchoo12 Enthusiast

katchoo12   8

Posted
Filed: K-1 Visa Country: Canada
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Posted

I have to file for ROC in June

I left the US on May 21st 2015 to take care of my brother who is dying of cancer. I have no intention to move back here in Canada, I filed my taxes and I am on a personnal leave of absence from my job.

I will go back to my husband in Maine as soon as this is over.

Do I have to include an affidavit explaining why I am here ? If so, will it affect my ROC ?

Should I go to the consulate in Montreal and explain ?

Any help will be more than welcome

Thanks

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Cheezees Mentor

Cheezees   1,514

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
Posted (edited)

I am so sorry about your situation.

Do you have any idea how long you will be out of the country? I know this is a tough and terrible time to do an estimation. Does your 90-day window open in June? If it does, I would delay the application for a month or two and see how things go. As long as your green card is unexpired and you've met the "legal presence" requirement, you should have no problems. Again, I am so sorry.

Edited by Cheezees

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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Boiler Grand Master

Boiler   45,468

Posted
Filed: K-1 Visa Country: Wales
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How long do you expect to be gone for?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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katchoo12 Enthusiast

katchoo12   8

Posted
Filed: K-1 Visa Country: Canada
 Timeline
  • Author
Posted

I am so sorry about your situation.

Do you have any idea how long you will be out of the country? I know this is a tough and terrible time to do an estimation. Does your 90-day window open in June? If it does, I would delay the application for a month or two and see how things go. As long as your green card is unexpired and you've met the "legal presence" requirement, you should have no problems. Again, I am so sorry.

thank you for your reply

I don't really know how long...maybe a month or so but maybe more since I am in charge of the after,,,

My 90 days open on June 17th (green card expires on Sept 17th).

I am just worried about when I will cross the border back to the USA and not having the extension letter since the border officer are not super nice and knowlegeable...

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tocca2015 Contributor

tocca2015   24

Posted
Filed: Citizen (apr) Country: Canada
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Posted

I would have your husband file the ROC normally, send you the paperwork so you can sign it and then mail it back to him for him to mail it from the USA ( I understand it MUST be mailed from within the USA). After, once he receives the extension letter, he can mail it to you? It's a lot of mailing but easier that way and you don't have to worry about crossing the border and dealing with rude CBP officers...Midn you, some are mine but as you said, others arent... I dont think the ROC requires that you state you are in Canada right now. You are allowed to travel for 3-4 months and I think up to 6 months without having to tell anyone. When you file (or if you file) for citizenship, it may affect when you are able to apply but that's down the line so I wouldn't worry about it...

Just take care of your brother and have your husband mail you the extension letter...I wish you the best! Sorry about your brother...I'm dealing with a similar situation so more sympathetic, I could not be. I know it's so hard. *HUGS*


I would have your husband file the ROC normally, send you the paperwork so you can sign it and then mail it back to him for him to mail it from the USA ( I understand it MUST be mailed from within the USA). After, once he receives the extension letter, he can mail it to you? It's a lot of mailing but easier that way and you don't have to worry about crossing the border and dealing with rude CBP officers...Midn you, some are mine but as you said, others arent... I dont think the ROC requires that you state you are in Canada right now. You are allowed to travel for 3-4 months and I think up to 6 months without having to tell anyone. When you file (or if you file) for citizenship, it may affect when you are able to apply but that's down the line so I wouldn't worry about it...

Just take care of your brother and have your husband mail you the extension letter...I wish you the best! Sorry about your brother...I'm dealing with a similar situation so more sympathetic, I could not be. I know it's so hard. *HUGS*

N400

Oct 23, 2014: NOA 1

Yellow letter date: October 27, 2014

Biometrics: November 7, 2014

In line for interview: November 10, 2014

Interview scheduled! (email notification): March 23, 2014

Interview letter received: March 25th

Interview: April 24th

In line for Oath: April 27th

Oath: June 23rd

Proud to be an American!

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katchoo12 Enthusiast

katchoo12   8

Posted
Filed: K-1 Visa Country: Canada
 Timeline
  • Author
Posted

I would have your husband file the ROC normally, send you the paperwork so you can sign it and then mail it back to him for him to mail it from the USA ( I understand it MUST be mailed from within the USA). After, once he receives the extension letter, he can mail it to you? It's a lot of mailing but easier that way and you don't have to worry about crossing the border and dealing with rude CBP officers...Midn you, some are mine but as you said, others arent... I dont think the ROC requires that you state you are in Canada right now. You are allowed to travel for 3-4 months and I think up to 6 months without having to tell anyone. When you file (or if you file) for citizenship, it may affect when you are able to apply but that's down the line so I wouldn't worry about it...

Just take care of your brother and have your husband mail you the extension letter...I wish you the best! Sorry about your brother...I'm dealing with a similar situation so more sympathetic, I could not be. I know it's so hard. *HUGS*

I would have your husband file the ROC normally, send you the paperwork so you can sign it and then mail it back to him for him to mail it from the USA ( I understand it MUST be mailed from within the USA). After, once he receives the extension letter, he can mail it to you? It's a lot of mailing but easier that way and you don't have to worry about crossing the border and dealing with rude CBP officers...Midn you, some are mine but as you said, others arent... I dont think the ROC requires that you state you are in Canada right now. You are allowed to travel for 3-4 months and I think up to 6 months without having to tell anyone. When you file (or if you file) for citizenship, it may affect when you are able to apply but that's down the line so I wouldn't worry about it...

Just take care of your brother and have your husband mail you the extension letter...I wish you the best! Sorry about your brother...I'm dealing with a similar situation so more sympathetic, I could not be. I know it's so hard. *HUGS*

Thank you so much for your reply.

That is exactly what I will do, so much easier and I will be able to focus on being with my brother.

I wish you the best and I sympathize with your situation, HUGS back !

Take care

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