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pogi1952

Living In The Philippines And Conditional Green Card Has Expired

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I originally petitioned my wife to the states on a K1 visa. We were married in 2014 in NY state. She was issued her SSN and Conditional Green Card. I retired in 2016 and we decided to return to the Philippines since we had a home there. Her Conditional Green Card Expired In July 2017. We are seriously considering returning to the states but not sure how to handle extending the green card or if it can be extended at all. We need some help with any options we can pursue. Thanks.:(

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3 minutes ago, pogi1952 said:

I originally petitioned my wife to the states on a K1 visa. We were married in 2014 in NY state. She was issued her SSN and Conditional Green Card. I retired in 2016 and we decided to return to the Philippines since we had a home there. Her Conditional Green Card Expired In July 2017. We are seriously considering returning to the states but not sure how to handle extending the green card or if it can be extended at all. We need some help with any options we can pursue. Thanks.:(

You honestly can't do anything now since it's expired. You guys should had a thought about that before you let it expire. 

If you choose to LIVE in the US again then you will have to file for a IR-1 visa. But I wouldn't do it unless you actually plan on living there. If you just want her to travel back and forth go for a tourist visa but make sure you will have strong evidence that she will return back to the Pinas.

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Normally, an expired green card doesn't mean your LPR status is actually terminated...you just don't have proof of it still being valid. However, failing to file for ROC to get the 10 year green card before it expired terminates your LPR status (although it may take USCIS some time to notice this...they're never fast). You cannot just get a new green card or extend the validity...you need to go through ROC, and failing to do so on time requires a strong reason why.

 

Honestly, your best bet would be to relinquish/abandon your current green card first, then be re-petitioned if you want to live in the US. If you aren't actually living in the US, then you need to get a tourist visa to visit.

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

 

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