re-entry permit expiring and further options

[Vabsmith 47]

On 11/1/2023 at 12:20 AM, OldUser said:

Valid extension letter, expired GC and valid passport.

 

 

Thank you OldUser! How do we apply for extension letter ? Apply for I-751 and apply for extension letter simultaneously? Is there a form number for applying for the extension letter?

[Vabsmith 47]

On 11/1/2023 at 1:02 AM, Dashinka said:

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. 

 

 

 

I should have read this more clearly earlier. So it sounds like if my wife applies for I-751 , in order for her to receive the extension letter her application has to be accepted and she has to be physically present in USA to do the biometrics....? is this correct?

[OldUser 6,636]

4 minutes ago, Vabsmith said:

Thank you OldUser! How do we apply for extension letter ? Apply for I-751 and apply for extension letter simultaneously? Is there a form number for applying for the extension letter?

When you apply for I-751 you get extension letter automatically within 4-6 weeks.

[Vabsmith 47]

36 minutes ago, OldUser said:

When you apply for I-751 you get extension letter automatically within 4-6 weeks.

thank you! But will she have to be there for the biometrics after filing I-751 or can I reschedule the birometrics  when we are physically back in the USA?

[Dashinka 24,490]

6 hours ago, Vabsmith said:

 

Thank you for the insight. Very useful. We certainly want to come back to live in the USA in two more years from today. Would filing a I-751 and traveling on the receipt of I-751 work? What happens to the bio metrics needed after I-751 is filed if we are not there physically?

Many people travel using an expired 2yr GC and the extension letter, but the person filing the I751 needs to be in the US for the biometrics appointment if required. 

 

Given your situation, it might be cheaper in the long run to file the I407 (no fee), and then file a new I130 now since you plan to repatriate in 2 years (what @Lil bear suggested).  This would allow you to forget the I751 filing (will receive a 10 yr GC with a new I130 filing), and no need to make multiple trips back to the US to maintain LPR status.  You can delay the new spousal visa at the NVC stage until you are closer to the point you plan to return.  Overall, it seems this would be less worry, and you can look at the N400 after that.

 

Good Luck!

4 hours ago, Vabsmith said:

On 10/31/2023 at 3:32 PM, Dashinka said:

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. 

 

 

 

I should have read this more clearly earlier. So it sounds like if my wife applies for I-751 , in order for her to receive the extension letter her application has to be accepted and she has to be physically present in USA to do the biometrics....? is this correct?

Yes

[Vabsmith 47]

16 hours ago, Dashinka said:

 You can delay the new spousal visa at the NVC stage until you are closer to the point you plan to return. 

Thanks Dashinka! What does it mean by delaying the spousal visa at the NVC stage?

Also once the wife gives us the GC, is there any other visa she can use to visit ( not live permanently but just visit)  USA other than filing for a fresh GC?

[OldUser 6,636]

38 minutes ago, Vabsmith said:

Thanks Dashinka! What does it mean by delaying the spousal visa at the NVC stage?

Also once the wife gives us the GC, is there any other visa she can use to visit ( not live permanently but just visit)  USA other than filing for a fresh GC?

Tourist visa. But you gotta realize that it may be denied, it's not guaranteed.

[Vabsmith 47]

1 minute ago, OldUser said:

Tourist visa. But you gotta realize that it may be denied, it's not guaranteed.

Thank you! Understood.

Do you know about being able to delay the fresh green card process at the NVC stage. What does that mean and how to do it?

[OldUser 6,636]

1 minute ago, Vabsmith said:

Thank you! Understood.

Do you know about being able to delay the fresh green card process at the NVC stage. What does that mean and how to do it?

I'm not an expert in this field. My understanding is, you'd file I-130, it would get approved. But you won't file DS-260 until your spouse is ready to move to the US.

[Vabsmith 47]

On 11/24/2023 at 7:28 PM, Lil bear said:

After being married already for over 2 years.. If you need to apply for another  GC through an immigrant visa .. btw this is not an uncommon situation.. then the spouse will get an unconditional GC.  Current processing is 18-24 months. You can both the residing outside the US at the time of filing the I130.  For the next stage, NVC..  You.. the petitioner..  need to either be resident back in the US, or have compelling evidence showing intent to domicile together in the US.. also unless you have an overseas job now that will continue in the US, you will need joint sooner too need the financial requirements 

Thank you @Lil bear For the new GC, at the NVC stage  what can be considered as a compelling reason to domicile together in the USA? Can it be schooling of our child in USA? I might have to look for another job in USA at that time ; so having the job offer letter from USA might help? If we decide to   look for job after we move to USA then in that case we will need a sponsor to meet the financial requirements? Do I understand this right?

[Lil bear 4,197]

2 minutes ago, Vabsmith said:

Thank you @Lil bear For the new GC, at the NVC stage  what can be considered as a compelling reason to domicile together in the USA? Can it be schooling of our child in USA? I might have to look for another job in USA at that time ; so having the job offer letter from USA might help? If we decide to   look for job after we move to USA then in that case we will need a sponsor to meet the financial requirements? Do I understand this right?

Yes correct. Some consulates require the petitioner to be domicile in the US prior to the beneficiary's  interview. Others accept intent to domicile .. job offer, school enrolment, lease agreement  etc   Be ready to use a joint sponsor.  

[Dashinka 24,490]

5 hours ago, Vabsmith said:

Thank you! Understood.

Do you know about being able to delay the fresh green card process at the NVC stage. What does that mean and how to do it?

So the spousal visa goes through three stages before it is issued.  The first stage is the I130 which is processed by USCIS.  Once the I130 is approved, it is sent to NVC which is the Department of State clearing house that sends the petition along with the supporting documents to the proper consulate.  At the NVC stage you, as the petitioner, is expected to upload supporting documents such as the affidavit of support, there is no deadline for these documents to be submitted, so a petitioner and beneficiary can let the petition stay in a form of stasis at this stage and it will stay that way as long as you do something like logging into the account at least once every 12 months.  This is what I mean by delaying a new petition at the NVC stage until you are close to being ready to repatriate.  Once you are within say six months, you upload the required documents to NVC, fill out the DS260, and let the petition proceed to the third stage which is the consulate stage where the interview will be scheduled for your spouse to actually get the spousal visa, in this case, an IR1.

 

I hope that makes sense.  I am not totally certain what exactly needs to be done every 12 months at the NVC stage, maybe @Crazy Cat can weigh in.

 

Good Luck!