Temporarily overseas when filing i751

[CallumBarker 0]

Hi all,

So the time has come to toile the i751, but both me and my wife are temporarily overseas- she's working in the U.K. and I'm studying for a year (started in September). We will be returning as soon as her year's placement is over, and we've maintained bank accounts, filed our taxes in the US etc. The address that USCIS have on file for us is my mother's US address, as that is where we were staying prior to moving overseas and where all of our US correspondence is sent. My question is- when preparing the i751 should I attach a cover letter saying that we are temporarily overseas and willing to return for biometrics etc. or should I just put down our US mailing address and leave it at that? By the time we file we'll have been outside of the country for 3 months, my GC expires after 5 months away, if that helps.

Thanks for any help!

[f f 725]

I think it might be a tough sell to uscis that your still living in the us with you going to school and your wife working in the uk. is it at least for a company she worked for in the us prior to working in the uk?

your biometrics will be in the us so plan on returning for that. also consider what will be said by your grandmother if they decide to do a home inspection.

just throwing it out there but if you are going to be there for a year you can surrender your greencard then apply for a spousal visa at the same time. it takes about a year to complete and you won't have to show proof of residence, health insurance, or pay taxes that year.

good luck

[CallumBarker 0]

My wife directly transferred over here, same job and company as in the US. The biometrics/ interview aren't a problem, I'm just wondering if I should attach a cover letter explaining that we're temporarily overseas or just leave it as it is on the application with our US address etc. Ive considered reapplying for my green card upon return but I think this might be the better course of action (for now)

[CallumBarker 0]

Anybody?

[CallumBarker 0]

Final bump.

[mindthegap 2,599]

I would strongly suggest that you put the US address. If you put an overseas address it will not be actioned, and you cannot do biometrics overseas unless there due to official business (military, or a consulate position for example).

Contrary to the oft touted hyperbole on here by some, you are allowed to be overseas for extended periods - as long as it is deemed to be temporary in nature, you still regard the US as your home, and maintain significant ties to your life here, such as bank accounts, valid drivers licenses, property (even if rented out) USC voter registration, family, and tax returns.

Accompanying your spouse or for study are both good reasons, and accompanying your spouse is a pretty good sign of it being a bona-fide marriage (which is all the the I-751 process is concerned about).

Just be careful of the total time out of the country, particularly the six month mark (with regards to your current status, and also the resetting the citizenship clock) and speak to a decent immigration attorney if you aren't sure. You also will not be able to come back without the physical extension letter + your expired card. The letter is watermarked so will need to be sent on to you - a photocopy or scan will usually not suffice.

Edited December 9, 2016 by mindthegap