outside US long periods with ROC pending

[Redro 4,611]

37 minutes ago, marcolan said:

I was upset because they keep saying “u have a broke finger but u can type here?”  And that “I said i would be out for months and now im saying 1 year….”  Im very confused about everything and people making fun of the situation…. My post , I mean my question is only if USCIS will deny my case because Im gonna stay overseas for most of 2022…. Its a simple question… because I havent found a situation like this… I ve been looking for answers for days

im not asking about CBP or what is going to happen when I land in the US… I know the risks

im just curious to know if they gonna deny me ONLY because im overseass, if that happened before?

I'll ask you this question. What reason does the IO have to approve you when 1.) you aren't living in the US 2.) You don't have a job here 3.) You don't have a home here 4.) You are no longer married to a US citizen. 

You'll need to prove to them that the US is your home and your marriage was bonafide. 

Denial to me sounds likely. But, I am not a fortune teller, no one here is. 

I hope you have a speedy recovery and I hope you can find your way back to the US, get a job and find doctors who can help you. 

 

 

[marcolan 2]

30 minutes ago, Kor2USA said:

I'll ask you this question. What reason does the IO have to approve you when 1.) you aren't living in the US 2.) You don't have a job here 3.) You don't have a home here 4.) You are no longer married to a US citizen. 

You'll need to prove to them that the US is your home and your marriage was bonafide. 

Denial to me sounds likely. But, I am not a fortune teller, no one here is. 

I hope you have a speedy recovery and I hope you can find your way back to the US, get a job and find doctors who can help you. 

 

 

Yeah. I know its complicated and yes I agree with what u are saying….

 

do u think they would send me a RFE to ask “why im not in the US”? or They would just deny it? Or they would schedule an interview???  Do u have any idea?

[Allaboutwaiting 2,503]

7 minutes ago, marcolan said:

Yeah. I know its complicated and yes I agree with what u are saying….

 

do u think they would send me a RFE to ask “why im not in the US”? or They would just deny it? Or they would schedule an interview???  Do u have any idea?

An RFE will be sent if they consider you did not send enough evidence with your initial application.

You will be interviewed as is the case with divorce waiver applications.

Edited January 31, 2022 by Allaboutwaiting

[marcolan 2]

32 minutes ago, Allaboutwaiting said:

An RFE will be sent if they consider you did not send enough evidence with your initial application.

You will be interviewed as is the case with divorce waiver applications.

So do u think they not gonna deny me automatically coz im overseas? I mean, deny me without a interview

Edited January 31, 2022 by marcolan

[African Zealot 1,456]

21 minutes ago, marcolan said:

So do u think they not gonna deny me automatically coz im overseas? I mean, deny me without a interview

Nobody here is a fortune teller so nobody is going to tell you definitively what is going to happen. They can do virtually anything they want however it is more likely than not that they bring you in for an interview.
 

They will not typically deny you outright, worst case they issue you a NOIS and you will have an opportunity to make your case. However you stand a risk of being denied at the interview because your ties to the USA are tenuous and the longer you are away the more tenuous they become.

 

You seem very concerned about being denied, but you don’t seem committed to doing what it takes to prevent that, ie staying in the USA.

Edited January 31, 2022 by African Zealot

[Allaboutwaiting 2,503]

12 minutes ago, marcolan said:

So do u think they not gonna deny me automatically coz im overseas? I mean, deny me without a interview

No, that's not a reason for denial. 

[marcolan 2]

26 minutes ago, African Zealot said:

Nobody here is a fortune teller so nobody is going to tell you definitively what is going to happen. They can do virtually anything they want however it is more likely than not that they bring you in for an interview.
 

They will not typically deny you outright, worst case they issue you a NOIS and you will have an opportunity to make your case. However you stand a risk of being denied at the interview because your ties to the USA are tenuous and the longer you are away the more tenuous they become.

 

You seem very concerned about being denied, but you don’t seem committed to doing what it takes to prevent that, ie staying in the USA.

But the only thing that I can do to avoid that would be go to the US now and stay , and thats not an option for me right now…

.

but if I have the chance to have an interview I think I ll have the opportunity to show them why I was overseas… coz I know its looking like I gave up my life in the US, but reality is not like that….and I know u all trying to help me and I know the best advice is to GO to the US now and stay but unfortunately I cant do that right now…. 

since I could not find nobody with a situation similar to mine I guess Im gonna have to wait and see what happens…

I ll keep u guys update!

 

sorry about my english 

and yes, I dont wanna be denied, I wanna life in the US forever, Im studying a lot to be able to work in my field in the US

Edited January 31, 2022 by marcolan

[Redro 4,611]

8 hours ago, marcolan said:

But the only thing that I can do to avoid that would be go to the US now and stay , and thats not an option for me right now…

.

but if I have the chance to have an interview I think I ll have the opportunity to show them why I was overseas… coz I know its looking like I gave up my life in the US, but reality is not like that….and I know u all trying to help me and I know the best advice is to GO to the US now and stay but unfortunately I cant do that right now…. 

since I could not find nobody with a situation similar to mine I guess Im gonna have to wait and see what happens…

I ll keep u guys update!

 

sorry about my english 

and yes, I dont wanna be denied, I wanna life in the US forever, Im studying a lot to be able to work in my field in the US

You probably want to hire a lawyer to prep you for the interview. 

As your situation stands I don't see how you'll convince a IO you actually reside in the US when you have no ties there. 

If living in the US really is your dream/ intention you should find a way to move back, make money and receive medical treatment.

Good luck for the future, and please come back to give us an update after your interview. I think your first hand experience will be very useful to others if they find themselves in a similar situation. 

Edited January 31, 2022 by Kor2USA

[Moe428 129]

If OP is planning to visit every 5 months then I don't see what the issue is.  There are tons of people that have done that and have eventually gone on to get citizenship.  

 

As for the people judging the OP for typing with a broken finger, don't you guys have anything better to do than pass on judgements on other people's lives while sitting at home?

[Rocio0010 5,616]

3 minutes ago, Moe428 said:

There are tons of people that have done that and have eventually gone on to get citizenship.  

Are these people also divorced and with little to no ties to the USA?

[Moe428 129]

5 minutes ago, Rocio0010 said:

Are these people also divorced and with little to no ties to the USA?

No to the former, yes to the latter.  Not sure how being divorced and doing a divorce waiver RoC makes a difference in this case.

 

OP should have some documentation for the injury, but suggesting the case is doomed is overblowing it.

Edited January 31, 2022 by Moe428

[Rocio0010 5,616]

7 minutes ago, Moe428 said:

No to the former, yes to the latter.

So, you're saying that people with little to no ties to the US get easily approved? Well, that's a new one for me.

[Moe428 129]

7 minutes ago, Rocio0010 said:

So, you're saying that people with little to no ties to the US get easily approved? Well, that's a new one for me.

I wouldn't say easily approved.  They did get RFE asking for proof they resumed their life in the US (since you need to live 60% of the last 3/5 years in the US).  But it wasn't much of an issue in the end.

 

Edited January 31, 2022 by Moe428

[Mike E 11,742]

3 hours ago, Moe428 said:

If OP is planning to visit every 5 months then I don't see what the issue is.  There are tons of people that have done that and have eventually gone on to get citizenship.

In absence of a re-entry permit, the more iterations of “visit every 5 months cycle” the greater the likelihood of CBP processing the LPR as an arriving alien.  
 

Statistically I think you are correct that most skate by without repercussions. 
 

Ethically I won’t bless a tactic that  could lead to a notice to appear or provoke CBP into (illegally) coercing an LPR into signing I-407 or illegally detaining an LPR processed as an arriving alien for alleged abandonment of status. 
 

OP has legal and practical path ways to preserve LPR status without drama.   

[marcolan 2]

3 hours ago, Moe428 said:

I wouldn't say easily approved.  They did get RFE asking for proof they resumed their life in the US (since you need to live 60% of the last 3/5 years in the US).  But it wasn't much of an issue in the end.

 

So I talked to a lawyer today, And its scary coz not even the lawyer know what to say lol other than “if u case be denied while u overseas u not gonna be allowed back in the country”

 

well, I decided 1-  go to the US and apply for a reentry permit, Im gonna wait like 60 days and go, I dont know if a reentry permit can really help me , but I think its worth trying.

 

2- or I will just go back ( for good ) before the 6 month mark

 

its really overwhelming and not gonna be good for my health but unfortunately I think thats what I need to do since I want my future in the US 😕