Husband Has 2-Year Job in Vietnam: Removal of Conditions Form I-751 + Reentry Permit Form I-131 Question

[dusty_jewels 6]

So my situation is just a little complicated, and I'm just wondering if I can get eyes on this to check if I've gotten the timeline right.

 

My American husband got a 2-year contract job in Vietnam. I am to move over to be with him but we underestimated how troublesome my 2 year conditional green card would be.

 

It expires March 10th 2025 but I plan to be in Vietnam with him already.

 

So the earliest I can apply for Removal of Conditions is December 10th 2024.

 

I believe I do not have to be in the US to file, but I need the actual filing receipt to reenter the US when my conditional green card expires.
 

I also believe I have to apply for a Reentry Permit because we plan to only visit family in the US once per year while my husband is working in Vietnam.

But I see that if I were to apply for the Reentry Permit now, it expires when my conditional green card expires, so there's no point. I need the whole 2 years it gives me.

 

I also see that for the Reentry Permit, I have to be physically present in the US for filing and my biometrics appt.
 

I believe this is the correct timeline where I can get everything approved safely, allowing me to stay in Vietnam for 2 years:
 

1. I fly off to Vietnam in August 2024

2. I get a family member in the US to send out my package for the Removal of Conditions on December 10th 2024 while I'm in Vietnam. I will have a physical address in the US.

3. I fly back to the US sometime in January 2025, under the 6 months red flag limit.

4. I should have gotten my Removal of Conditions filing receipt by then, and I can now safely apply for the 2 year Reentry Permit that should be now based on my pending 10 year green card right? I will also ask them to send the approved Permit to the US Embassy in Vietnam.

5. I wait for the Reentry Permit biometrics appointment.

6. I attend my biometrics appointment that's hopefully scheduled by March 2025.

7. I fly off to Vietnam.

8. I collect my Reentry Permit when it's approved at the US Embassy in Vietnam in late 2025 or early 2026.
    

It also takes 6-12 months for the Reentry Permit to be approved, so 4 questions:

 

1. Is my timeline correct?
2. If filed after I receive the receipt for Removal of Conditions, will my Reentry Permit be 2 years because it's based on my pending 10 year green card?
3. How risky is it to ask USCIS to send the approved Reentry Permit to the US Embassy in Vietnam?
4. Since it takes 9-12 months for the Reentry Permit to be approved, will the official filing receipt would suffice at immigration if we fly back to the US to visit family (in Dec 2025, I would have stayed about 9 mths in Vietnam)?

 

Would appreciate any thoughts. I can fly back to the US at any time if need be, it'll just be really troublesome.

Edited April 17 by dusty_jewels
Edit title

[Timona 4,207]

File re-entry NOW. Leave after biometrics, not before.

[dusty_jewels 6]

6 minutes ago, Timona said:

File re-entry NOW. Leave after biometrics, not before.

 

I'm confused with this one? According to usa.gov, they say:

 

"For conditional permanent residents, the re-entry permit is valid for two years after the date of issue. Or it is valid up until the date you must apply for removal of the conditions on your status, whichever date comes first."

 

I'm on the 2-year conditional green card right now. Won't the Reentry Permit be based on when it expires in March 10th 2025?

 

And I don't plan on leaving before biometrics after filing for the Reentry since I know I have to be in the US.

[Timona 4,207]

I know. But you're battling something you have no control of. Just take whatever they give you and call it a day. 

 

You have to leave. So, take what you can get.

[Redro 4,611]

9 hours ago, dusty_jewels said:

 

I also believe I have to apply for a Reentry Permit because we plan to only visit family in the US once per year while my husband is working in Vietnam.- Bad plan on a conditional green card/ extension. I would return to the U.S. every 5-6 months while your husband is based overseas. 

But I see that if I were to apply for the Reentry Permit now, it expires when my conditional green card expires, so there's no point. I need the whole 2 years it gives me.-That’s the first problem. Re-entry permit will likely not be issued before you have to apply for ROC. So, you’re wasting money. 

 

I believe this is the correct timeline where I can get everything approved safely, allowing me to stay in Vietnam for 2 years- -I wouldn’t plan on staying outside the US for more than 6 months at a time. 

 

Would appreciate any thoughts. I can fly back to the US at any time if need be, it'll just be really troublesome.- What will be more troublesome is being denied entry to the US because you stayed out too long. 

I would just go to Vietnam and come back every 6 months to keep the GC active TBH. Who even knows if the re-entry permit is valid for someone in the middle of ROC… and who even knows if USCIS recognizes re-entry permits for people who are removing conditions to REMAIN LPRs while they state they want to live OUTSIDE THE US for 2 years… 

I assume if called for an interview you and your husband will return to the US… 

ETA: Reentry permits take a long time to process and some ROCs are being approved in under 6 months so applying for one might be a waste of money in case the I131 for ROC filing does not cover the 10 yr GC when it is issued 

Edited April 17 by Redro

[dusty_jewels 6]

1 hour ago, Redro said:

I would just go to Vietnam and come back every 6 months to keep the GC active TBH. Who even knows if the re-entry permit is valid for someone in the middle of ROC… and who even knows if USCIS recognizes re-entry permits for people who are removing conditions to REMAIN LPRs while they state they want to live OUTSIDE THE US for 2 years… 

I assume if called for an interview you and your husband will return to the US… 

ETA: Reentry permits take a long time to process and some ROCs are being approved in under 6 months so applying for one might be a waste of money in case the I131 for ROC filing does not cover the 10 yr GC when it is issued 

 

Very helpful, thanks! More helpful than the immigration lawyer, but he confirmed that I can only apply for the Reentry Permit if my ROC is approved, which by that time we might just be back permanently in the US!

With coming back 4 times over 2 years, I know I'd be subject to questioning at immigration. Any idea how I can make that go smoothly? Prove ties to the US, etc?

In my defense, it was not my idea or intent. I intended to stay for years, I've already been here 3 years.

We're new to this and were both privileged in thinking my conditional green card wouldn't be an issue in terms of long-term travel.

Had we known this would be such an issue, we'd have gotten a job where we are instead.

[Redro 4,611]

1 hour ago, dusty_jewels said:

 

Very helpful, thanks! More helpful than the immigration lawyer, but he confirmed that I can only apply for the Reentry Permit if my ROC is approved, which by that time we might just be back permanently in the US!

With coming back 4 times over 2 years, I know I'd be subject to questioning at immigration. Any idea how I can make that go smoothly? Prove ties to the US, etc?

In my defense, it was not my idea or intent. I intended to stay for years, I've already been here 3 years.

We're new to this and were both privileged in thinking my conditional green card wouldn't be an issue in terms of long-term travel.

Had we known this would be such an issue, we'd have gotten a job where we are instead.

I believe you get pulled into secondary whenever you enter on the extension letter. I would just be honest about your situation (husband has an assignment for 2 years in Vietnam.) Then of course every other trip you’ll be coming back with your husband so that might make entry smoother? 
I did some extra googling and see that USCIS does tell ROC applicants to apply for I131 if they think they will be outside the country for more than 6 months/ a year… so I suppose you could apply for I131 just as added security… it sounds like a stressful situation to be in… You could also file the I407 and then re-apply for a GC when you decide to return to the US… but a 2 year timeline would most likely mean you need to submit a new I130 petition as soon as you arrive in Vietnam… is your husband sure it will only be 2 years or could it be extended? 

Edited April 17 by Redro

[OldUser 6,767]

12 minutes ago, Redro said:

I believe you get pulled into secondary whenever you enter on the extension letter.

I've never been pulled into a secondary as a LPR travelling on 2 year GC and extension letter. I had maybe 5 trips on it?

[dusty_jewels 6]

2 minutes ago, OldUser said:

I've never been pulled into a secondary as a LPR travelling on 2 year GC and extension letter. I had maybe 5 trips on it?

That's useful to know! I've been in secondary before and it wasn't good nor bad. They didn't allow me to inform my then-bf that I've been detained because I stayed 88 days in the US 17 months ago at that time.

[Redro 4,611]

6 minutes ago, OldUser said:

I've never been pulled into a secondary as a LPR travelling on 2 year GC and extension letter. I had maybe 5 trips on it?

That’s good to know! So @dusty_jewels might not have any issues traveling to and from Vietnam for the next two years? As long as they come back every 6 months or so? 

[dusty_jewels 6]

35 minutes ago, Redro said:

I believe you get pulled into secondary whenever you enter on the extension letter. I would just be honest about your situation (husband has an assignment for 2 years in Vietnam.) Then of course every other trip you’ll be coming back with your husband so that might make entry smoother? 
I did some extra googling and see that USCIS does tell ROC applicants to apply for I131 if they think they will be outside the country for more than 6 months/ a year… so I suppose you could apply for I131 just as added security… it sounds like a stressful situation to be in… You could also file the I407 and then re-apply for a GC when you decide to return to the US… but a 2 year timeline would most likely mean you need to submit a new I130 petition as soon as you arrive in Vietnam… is your husband sure it will only be 2 years or could it be extended? 

 

That's correct, I will be coming back twice a year and he will be coming back once a year.

Yes, the USCIS tells ROC applicants that, but I feel we get such a crappy deal due to the long processing times.

The Reentry Permit expires when my conditional green card expires anyway... I feel like it's as good as throwing money away if I apply right now, since it might not even get approved by the time my green card expires.

I think the best option is to come back every 5-6 months, and have documentation I have a bank account in the US, paid taxes on time and my marriage certificate.

I wish they didn't have the 90 day window thing, or I could just apply for ROC right now and might even be able to slip in that Reentry Permit.

Edited April 17 by dusty_jewels

[JKLSemicolon 414]

If you do plan on filing for removal of conditions, I would apply for the re-entry permit ASAP as if nothing else it serves as evidence that you intend to maintain permanent residency in spite of prolonged periods out of the country (which may be hard to justify and/or will create a large gap in evidence during the ROC process).
 

A possible alternative would be to go to Vietnam, surrender the GC via I-407, have your husband petition for you again via I-130, delaying as needed at the NVC stage until ready to return to the US under the IR-1 category and receive a 10-year GC without the logistical complications of ROC. The obvious downside to that would be not being able to visit the US after surrendering the GC, which could possibly be remedied by applying for a B visa before filing a new I-130. The B visa is not guaranteed but you’d have a better chance after the I-407.

 

Edit: the specific timing of when to surrender the GC via the I-407 would also be a factor when it comes to the possibility of travel to the US.

 

There are pros and cons to each approach and you would have to compare costs, etc. but I think it’s at least worth laying out all of your options.

Edited April 17 by JKLSemicolon

[dusty_jewels 6]

24 minutes ago, JKLSemicolon said:

If you do plan on filing for removal of conditions, I would apply for the re-entry permit ASAP as if nothing else it serves as evidence that you intend to maintain permanent residency in spite of prolonged periods out of the country (which may be hard to justify and/or will create a large gap in evidence during the ROC process).
 

A possible alternative would be to go to Vietnam, surrender the GC via I-407, have your husband petition for you again via I-130, delaying as needed at the NVC stage until ready to return to the US under the IR-1 category and receive a 10-year GC without the logistical complications of ROC. The obvious downside to that would be not being able to visit the US after surrendering the GC, which could possibly be remedied by applying for a B visa before filing a new I-130. The B visa is not guaranteed but you’d have a better chance after the I-407.

 

There are pros and cons to each approach and you would have to compare costs, etc. but I think it’s at least worth laying out all of your options.

 

Thank you very much! Great alternative, thank you very much for that.

 

Of course, I would rather not give up the green card after all the pain we went through and money we paid to do it. 

 

When you say apply for the Reentry Permit ASAP, do you mean right now or when I come back in January 2025 (I would have already filed for ROC in Dec 2024 and gotten the filing receipt) before my conditional green card expires? There will be a 5-mth absence but I was planning to stay in the US for a month or so to make sure I do my biometrics because I leave again for Vietnam.

 

Thank you!

Edited April 17 by dusty_jewels

[JKLSemicolon 414]

42 minutes ago, dusty_jewels said:

 

Thank you very much! Great alternative, thank you very much for that.

 

Of course, I would rather not give up the green card after all the pain we went through and money we paid to do it. 

 

When you say apply for the Reentry Permit ASAP, do you mean right now or when I come back in January 2025 (I would have already filed for ROC in Dec 2024 and gotten the filing receipt) before my conditional green card expires? There will be a 5-mth absence but I was planning to stay in the US for a month or so to make sure I do my biometrics because I leave again for Vietnam.

 

Thank you!

Your leaving in August is due to your husband’s taking a job in Vietnam and your essentially moving out of the country with him, correct? I am saying that given that, it makes sense to apply for the re-entry permit and complete biometrics before then, even if you do return at some point a few months after that. To me is less about ensuring you are able to re-enter the US on any given trip and more about justifying the (presumable) lack of evidence of a life together in the US after a certain point during the conditional residency period.

 

Do give the I-407 route some serious consideration. If you search this forum you will find others who have gone that route and depending on the specifics, may be a better fit.

 

Whatever you choose, put yourself in the shoes of someone adjudicating your case and think about the questions that they might have given your situation and how you can overcome that with quality evidence.

[dusty_jewels 6]

1 hour ago, JKLSemicolon said:

Your leaving in August is due to your husband’s taking a job in Vietnam and your essentially moving out of the country with him, correct? I am saying that given that, it makes sense to apply for the re-entry permit and complete biometrics before then, even if you do return at some point a few months after that. To me is less about ensuring you are able to re-enter the US on any given trip and more about justifying the (presumable) lack of evidence of a life together in the US after a certain point during the conditional residency period.

 

Do give the I-407 route some serious consideration. If you search this forum you will find others who have gone that route and depending on the specifics, may be a better fit.

 

Whatever you choose, put yourself in the shoes of someone adjudicating your case and think about the questions that they might have given your situation and how you can overcome that with quality evidence.

 

Thank you! This is really tricky. I've been told I can't reapply for the Reentry Permit once I am pending ROC and my 2 year green card has expired. But that would make sense as to the intent of staying in the US.

I had no idea the green card would be so black and white with such long processing times and little room for flexibility. Coming from Singapore, I've obviously been too privileged.

I'm prepared to now add my name to our car, open a bank account and very possibly open a functioning LLC to prove intent of staying. I was going to do it anyway but was just lazy on the 2 year green card.

Will also consult with lawyers. Thank you so much!