re-entry permit expiring and further options

[Vabsmith 47]

I am us citizen sponsor who got K visa for my now wife.

The wife then got her  two year green card through our marriage.

The wife applied for re-entry permit and we both left USA to live in our home country for certain reasons.

The re-entry permit expires in April 2024 and we may or may not come back to USA by then.

What are our options to enter the USA in future?

1. If we do manage to enter before April 2024 can we apply for her GC extension?

2. If we are unable to enter before April 2024 do I have to apply for a new GC for the wife? Does it have to counselor processing?

 

Thanks

 

 

[Dashinka 24,491]

Personally, I would do whatever possible to return before April 2024, and if necessary apply for another Re-entry permit.  When does her GC expire?  

Edited October 31, 2023 by Dashinka

[powerpuff 6,697]

***Topic moved from Bringing Family members (other than spouse) to the US forum to General Immigration discussion since the main question is about re entry permit***

[Vabsmith 47]

Thanks the GC expires at the same time as the extension that is in April 2024

Edited October 31, 2023 by Vabsmith

[Vabsmith 47]

3 hours ago, Dashinka said:

Personally, I would do whatever possible to return before April 2024, and if necessary apply for another Re-entry permit.  When does her GC expire?  

The GC expires in April 2024. But we want to understand what happens if for some reason we can not return ? What are the ways to apply for GC again?

[Dashinka 24,491]

3 minutes ago, Vabsmith said:

Thanks the GC expires at the same time as the extension that is in April 2024

OK, so you should still file the I751 regardless of if you make it back by April.  Your window should open sometime in January.  Unfortunately there is no online option for the I751.

 

Good Luck! 

[Vabsmith 47]

12 minutes ago, Dashinka said:

OK, so you should still file the I751 regardless of if you make it back by April.  Your window should open sometime in January.  Unfortunately there is no online option for the I751.

 

Good Luck! 

Well is the I751 filing possible while we are outside of the USA?  It would typically be followed by a bio metrics appointment right?

[Dashinka 24,491]

18 minutes ago, Vabsmith said:

Well is the I751 filing possible while we are outside of the USA?  It would typically be followed by a bio metrics appointment right?

Yes, biometrics would potentially be required (they may re-use earlier biometrics).  You can still send the I751 from outside to the lockbox based on the address you have in the US.  As I mentioned earlier, it would be best in your case to come back before the expiration of the 2yr GC and re-entry permit.  If you do not, and your CGC expires, you need an extension letter to re-enter the US.

[Vabsmith 47]

5 hours ago, Dashinka said:

.  If you do not, and your CGC expires, you need an extension letter to re-enter the US.

Is it just an extension letter or do we actually need the SB-1 visa?

[OldUser 6,636]

31 minutes ago, Vabsmith said:

Is it just an extension letter or do we actually need the SB-1 visa?

Valid extension letter, expired GC and valid passport.

 

The greater question is how you're gonna prove bonafide marriage living outside of the US. What evidence are you sending?

[Vabsmith 47]

 

7 minutes ago, OldUser said:

Valid extension letter, expired GC and valid passport.

 

The greater question is how you're gonna prove bonafide marriage living outside of the US. What evidence are you sending?

Great to know. How do we apply for extension letter? I would guess this still needs a visa interview type interview at the US consulate in my home country?

Well about the marriage- we have a two year old from the marriage ( us born ) and are all living together in our home country. I would think proving the bonafide marriage part would be straightforward.

 

[Dashinka 24,491]

25 minutes ago, Vabsmith said:

 

Great to know. How do we apply for extension letter? I would guess this still needs a visa interview type interview at the US consulate in my home country?

Well about the marriage- we have a two year old from the marriage ( us born ) and are all living together in our home country. I would think proving the bonafide marriage part would be straightforward.

 

The extension letter comes after the I751 is filed and accepted.  Extension letters currently are issued for 48 months, and that letter with the expired CGC provide proof of LPR status.  
 

Your other option, if you plan to remain outside of the US for a longer period, is to file an I407 which would formally give up your LPR status.  Then 18-24 months before you want to come back to the US permanently, your USC spouse can file a new I130 for a new GC which will be a 10 yr version.

 

Good Luck!

[OldUser 6,636]

50 minutes ago, Vabsmith said:

 

Great to know. How do we apply for extension letter? I would guess this still needs a visa interview type interview at the US consulate in my home country?

Well about the marriage- we have a two year old from the marriage ( us born ) and are all living together in our home country. I would think proving the bonafide marriage part would be straightforward.

 

Kid is one good evidence. But you need to prove other aspects of married life: living at the same address, financial comingling, joint tax filings. What do you have for those?

It seems like @Dashinka advice may work. If you don't know when you're coming back, it's easier to give up LPR and reapply when ready to move to the US.

[Stuff2447 32]

Filing the I-751 is not optional for your wife, if she plans on keeping her green card. She is expected to be in the United State for biometrics and to attend an interview, if required. You cannot request an interview in your county to remove conditions on her permanent residency. A green card is for permanent residency in the United States, and is not to be used as a tourist visa to come here once in a while.  The fact that she has been away the entire time of her conditional residency virtually guarantees that the interview will not be waived.  Be prepared to explain why you were away the entire time since she was granted conditional permanent residency.  If you do not intend to return, she can file an I-407 to give up her residency and start over once you intent to actually live in the United States. The better plan would have been to not even sponsor her until you were both ready to actually live here. 

[Vabsmith 47]

On 11/1/2023 at 1:25 AM, OldUser said:

Kid is one good evidence. But you need to prove other aspects of married life: living at the same address, financial comingling, joint tax filings. What do you have for those?

It seems like @Dashinka advice may work. If you don't know when you're coming back, it's easier to give up LPR and reapply when ready to move to the US.

Thanks Yes we live together and file taxes together. How easy difficult is the process to re-apply for LPR ? Is it about an year long process?