9 month stint in Japan with ROC in the middle

[ambig88 0]

My wife and I are in the beginning stages of planning to move to Japan. I am a US born citizen, and my job will have me placed in Japan from April 2017 to January 2018. I can get documentation when the plans are firmed up from my place of employment for the firm dates of the stay, and we will maintain everything in the US (mortgage, cars, active bank accounts). The only item that worries me is that her conditional green card expires September of 2017. I keep getting conflicting reports that you can apply for ROC overseas, but it will be on hold until we return (which I'm OK with), and that you can't apply for ROC overseas. Which is correct? Can we submit the paper work while in Japan and have her application placed on hold? What about return? Should she apply for an i-131 to make re-entry easier? What would be the best way to handle this?

Edited November 4, 2016 by ambig88

[ambig88 0]

Hey, so I called up the USCIS and asked them about my situation, but the person didn't seem knowledgeable. At first she said I couldn't submit the i751 while in Japan, then she found documentation saying that there is no requirement to be in the US to submit the i751, but that we both would have to come back for her biometrics (which makes no sense to me and doesn't sound correct, it should just be my wife). Her returning to the US to do the biometrics isn't a big issue, but I wonder about how she can return to Japan if her GC is expired? Will she be issued an extension while her case is pending? Any advice would be appreciated. Thank you.

Edited November 4, 2016 by ambig88

[mindthegap 2,599]

If you apply for ROC with an overseas address they will put it on hold, so if as you say you are planning on maintaining your life and ties to the US, then file just as if you are in the US, with your US address. You are after all overseas for a temporary fixed period, with the intention to return.

A LPR accompanying a US citizen spouse overseas for business reasons of a temporary nature (ie, you fully intend to return, and you regard the US as your home and maintain significant ties) is perfectly ok and - contrary to some peoples scaremongering on here - does not somehow invalidate LPR status, or mean you have to abandon it. Your wife must have a continued uninterrupted intention to return during her time overseas for the temporary reason.

Your wife also needs to be aware of the time spent by her in one go outside of the country - anything under six months is fine, six - 12 months *should* cause no issues, and over twelve is a no-no. Absolute worst case scenario and you encounter an awkward officer at the point of re-entry into the US who insists she has abandoned her residency (unlikely), then she has the right of admittance for a hearing by an immigration judge.

Also remember that for future naturalization purposes, spending more than six months continuously out of the US will reset her naturalization clock.

A few weeks or less after you file, a receipt will come in the mail. This is the one year extension letter, and acts in conjunction with the expired card as proof of LPR status. I suggest you have a mail forwarding service or have someone that can send it to you, as it will be needed to board a flight back to the US and to enter the country. It is watermarked, so a scan will not suffice!

The biometrics appointment will come by mail shortly after the receipt, and the way you reschedule this if required is by mail, or possibly by attempting a walk in, but for you isn't really practical if you are in Japan!

You do not need to go to biometrics - only your wife does, and she will need to return to the US for it. They will only do overseas biometrics for ROC for spouses of US citizens overseas on official business (ie, military or consular staff).

Edited November 5, 2016 by mindthegap