Expired Green card reapplication from overseas

[Rocio0010 5,579]

Nobody is ridiculing you. They are just telling you what your chances are based on the situation you posted. Whether you like them or not that’s a whole other story. You basically gave up your residency here. And you were in Canada, it’s not like you were on the other side of the world! And the pandemic did not start until the first quarter of 2020. So I don’t think the pandemic excuse will fly with them. 
That being said, I’ve seen stranger things happen with USCIS. All you can do for now is to file the I-751 with the supporting evidence and an explanation letter of why you’re filing late, and see what happens.  
You will need a check for $680, the I-751 form, a copy of front and back of your gc, and evidence of entering the marriage in good faith. Ideally covering the two years you’ve been married. 

[STO Overland 137]

2 hours ago, African Zealot said:

The questions you’re being asked by VJ members are a milder version of what you should expect from USCIS

I very much doubt it. If he makes it to an interview, he's in good shape.

[Rocio0010 5,579]

3 minutes ago, B52Boozer said:

I very much doubt it. If he makes it to an interview, he's in good shape.

Here’s the thing: the officers might ask themselves that question during the review process, and answer themselves. He needs a good explanation 

[STO Overland 137]

5 minutes ago, Rocio0010 said:

Here’s the thing: the officers might ask themselves that question during the review process, and answer themselves. He needs a good explanation 

Yes maybe, probably. If he makes it to interview, then he's almost there. If it's a straight denial then that will likely be given in response to his application and he wont even make interview.

 

I agree with the sentiment that he is not being ridiculed but we do enjoy the beat down on folks in this forum. As someone earlier in the thread said "We're not USCIS"....The OP asked for his options, Mike E gave the best response. Let's hope he comes back and tells us how he got on.  

 

Who needs a thick skin? It's the internet... 

[Crazy Cat 41,845]

13 hours ago, B52Boozer said:

Being ridiculed may be the wrong word but being "preached to" certainly comes to mind when I read through the entire thread.

 You forget that many other people also read these forums.....explaining the OP's situation, fully explaining what mistakes were made, and HOW OTHERS CAN AVOID the situation in the future provides a great deal of help to members and visitors who might read the thread later.....often months or years after the original question was asked.   Isn't that one purpose of these forums- to help others avoid delays and issues?

When I read a thread I often ask:

1.  What is the current issue?

2.  What caused the issue?

3.  What options are available to the OP?

4.  How can I (or others) avoid the issue? (What could the OP have done differently)

 

Just my 2 cents....😃

 

 

 

 

Edited February 8, 2022 by Crazy Cat

[STO Overland 137]

9 minutes ago, Crazy Cat said:

You forget that many other people also read these forums.....explaining the OP's situation, fully explaining what mistakes were made, and HOW OTHERS CAN AVOID the situation in the future provides a great deal of help to members and visitors who read the thread later.....often months or years after the original question was asked.   Isn't that one purpose of these forums- to help others avoid delays and issues?

 

No...I don't forget. I've been on this forum since L1 days and know whose advice I can trust. And there's no need to SHOUT. 

 

If the OP comes back with a success then this would make a good chapter for "Tales of the Green card"?

 

. 

Edited February 8, 2022 by B52Boozer

[Crazy Cat 41,845]

Just now, B52Boozer said:

No...I don't forget. I've been on this forum since L1 days and know whose advice I can trust. And there's no need to SHOUT. 

 

. 

LOL!!!!!!   It's called adding emphasis...I guess it worked.......

[Rocio0010 5,579]

22 minutes ago, Crazy Cat said:

How can I (or others) avoid the issue? (What could the OP have done differently)

Exactly. I am a huge fan of DIY, and this forum has helped me tremendously to be able to put a fairly decent (I think) ROC package, based on suggestions from here, and especially reading about denied cases and what their pitfalls were. 

It's not ridiculing. It's telling OP the truth. OP can -and will- do whatever they want.

[Vin&Rachel 7]

I actually just get the impression that the majority of people here are just more interested in being right, pointing out things that "should have been done" and are much less interested in solutions simply because they did things right with their journey. Which, people searching for this thread will likely only panic from because they themselves would have already made these mistakes as I have. Laughing and saying things like "You can't do anything"  isnt an answer that anybody retroactively use to any use.

I came here for potential options for my problem, a couple of people have done that to whom I am thankful, but the rest have not. Instead I've come to the conclusion that I simply shouldn't ask questions here unless I'm already doing everything correctly. Yes, congrats, you have your visas and residency because you did everything right, if you've just come to the thread to tell me what ive done wrong without any solutions or paths to rectify the problem then you're frankly not helping me, or anyone else that is searching this.

[Crazy Cat 41,845]

35 minutes ago, Vin&Rachel said:

if you've just come to the thread to tell me what ive done wrong without any solutions or paths to rectify the problem then you're frankly not helping me,

"An ounce of prevention is worth a pound of cure".....  Sometimes, comments are also intended to help explain, to others who might read the thread later,  how a situation arose, and how it can be prevented in the future.  We, all, have made mistakes.  Hopefully, our questions and subsequent comments can help us as well as others in the future.  We are all free to give advice.......and we are all free to ignore said advice. 

Edited February 8, 2022 by Crazy Cat

[Rocio0010 5,579]

23 minutes ago, Vin&Rachel said:

likely only panic from because they themselves would have already made these mistakes as I have

Yet "panic" can be a good fuel for making things right, if used wisely. Maybe others in your same situation see your thread as "oh, it worked for him, let's see what he did" if you do something and update here, which is a very productive thing to do.

 

25 minutes ago, Vin&Rachel said:

"You can't do anything" 

Nobody told you that. At least five people gave you a solution, myself included. Solutions provided ranged from filing an I-751 with an explanation letter and see what happens, to giving up your GC through I-407 and refiling an I-130. Again, just because it's not the solution YOU wanted, it does not mean you weren't given one. Not being mean, but the "oh, poor me" attitude is not going to help you!

 

29 minutes ago, Vin&Rachel said:

a couple of people have done that to whom I am thankful,

WAY more than a couple people have given you very sound, thorough suggestions.

 

29 minutes ago, Vin&Rachel said:

I've come to the conclusion that I simply shouldn't ask questions here unless I'm already doing everything correctly.

Nope, that's not what VJ is for. You can ask questions if you made a mistake or if you're in a pickle, and people will produce suggestions. Again, just because they are not the type of suggestions you wanted, that does not mean no answers were provided. Seriously, what were you expecting? Us to tell you "Yeah, no biggie, just refile and everything will be alright?". Well, first, it is not on us to decide because we are not USCIS. Second, from our experience here and just by reading the policy manuals and the instructions themselves (and from attending the AOS interview, where they tell you after approval that you'll have to remove conditions), it can be a big deal if you file so late without a reasonable excuse. 

That being said, I have seen here a couple of cases where they filed late. I clearly remember one about somebody that filed about a year late, but she was pregnant and also her mother died close to the time of filing. Everyone chimed in, gave her suggestions, and she is now a USC. However, it is a different situation because a) of the circumstances, and b) because she actually never left the US. Factor B is a big factor for you. How big it is we don't know, that is why we are telling you to try.

35 minutes ago, Vin&Rachel said:

you did everything right

Heck no!!! I would say most of us (at least I know I did) made some mistakes, we got RFEs and some delays. We are neither perfect nor do we claim being so.

 

36 minutes ago, Vin&Rachel said:

if you've just come to the thread to tell me what ive done wrong without any solutions or paths to rectify the problem then you're frankly not helping me, or anyone else that is searching this.

Again, we have given you many, many solutions. If you think that none of them help, I would take all those suggestions and talk to an immigration attorney and see what they say.

Good luck.

[igoyougoduke 1,656]

4 hours ago, B52Boozer said:

No...I don't forget. I've been on this forum since L1 days and know whose advice I can trust. And there's no need to SHOUT. 

 

If the OP comes back with a success then this would make a good chapter for "Tales of the Green card"?

 

. 

i think that is like engine failure on plane and it landing on river hudson... 

[SalishSea 17,828]

3 hours ago, Crazy Cat said:

We are all free to give advice.......and we are all free to ignore said advice. 

And free to hire lawyers who are highly paid to sort out immigration debacles.

[Lemonslice 4,840]

Hypothetical, but plausible question:

 

"What if OP reenter the US by land (from testimony around me that has been done), do they then file for ROC, or a new adjustment of status?"

Edited February 8, 2022 by Lemonslice

[Rocio0010 5,579]

15 minutes ago, Lemonslice said:

do they then file for ROC, or a new adjustment of status?"

As I stated earlier, I would first file for ROC. If denied, file for AOS