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Filed: K-1 Visa Country: India
Timeline
Posted

Hello, first post here and it is quite urgent.

 

My wife is Indian and we have been out of the country for 8 months now traveling. She told me numerous times that she was good and had 12 months. 


Today we just looked an saw that her i797 form stated that the conditions of her residency expired one year from 1/28/2016 which is an extension from her GC that expired on 2/13/16. Basically she has missed getting backing into the country by 1/28/17 we were told by UCSIS.

 

Does anyone know what we can do? 

Posted (edited)

No the letter is valid until 1 year from green card expiration. 

 

How do you know you havent gotten an RFE? Or been told you have an interview? Or been approved or denied ROC?

 Spending more than 6 months outside the USA as an LPR can risk reentry.  As an LPR your wife should spend more time in the USA than out of it during a year

Edited by NikLR
Spelling

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Filed: K-1 Visa Country: India
Timeline
Posted

Two different UCSIS representatives in the past hours have told us that the date is based on the 1/28 on the letter. They also said her new GC should be coming to our US address in the next 15-30 days. We don't really know what to do at this point. 

 

She did not get a re-entry permit. All mail from UCSIS is being monitored from my folks house and they keep getting letters that say "our request" is being handled and to keep waiting. I understand you saying we should not be doing this and that, but we already have and have to go on from here.

 

Posted (edited)

If she was out of the country for over 6 months and without a re-entry permit, they may revoke her LPR status at POE. LPR status is for a legal permanent resident. Being out of the country for so long is generally deemed an abandonment of residence. A re-entry permit can be obtained for this type of situation to allow for an extended overseas stay without giving up permanent residence.

 

I'm not trying to scare you, but I do want to make you aware that when she tries to go through POE, she may be turned away due to this.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted

Perhaps she can apply for a "returning resident permit"? 

https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

 

I know you don't want to hear any "shoulda coulda woulda" but... if you're a permanent resident, you should really do your research in what you can and cannot do. There's lots of rules, and you are responsible for following them.

Posted

Uscis misinformation line.  Its up to the CBP officer upon entry.  I suggest getting home.  I would have booked a ticket asap. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

 
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