Filing I-751 from overseas

[Moonlight_Angel 0]

hello folks, I hope someone can help me here ... need some advise about filing for removal of conditions while stationed overseas...

Since my Conditional Green Card is expiring in October, I would like to file the I-751.

My husband is in the Military and we are currently stationed in Germany.

I found out that i can still file for the removal of conditions, this is a quote from the instructions in I-751:

NOTE: If you or your spouse are currently serving with or employed by the U.S. Government, either in a civilian or military capacity and assigned outside the United States, mail your petition to the USCIS Service Center having jurisdiction over your residence of record in the United States. Include acopy of the U.S. Government orders assigning you and your spouse abroad.

But at the same time, I called USCIS to ask how exactly to proceed in this case, and where to send my paperwork, since I didnt really know/understand what they mean by my "home of record". I am a German Citizen and I got my Permanent Resident Card because I moved to the United States with my husband 2 years ago, on military orders, but now we are back in germany.

The Lady however said that I have to file at the US Consulate here in Germany. which is contradicting to what the form sais. she said that i have to file in germany because i have no physical adress stateside. even though we are here on military orders.

At the same time their website (uscis frankfurt suboffice) sais that they only offer limited service there and the I-751 does not seem to be something they deal with there.

Did anyone go through this process before, and tell me what i need to do?

where do I need to file?

And also, what happens if i need to come to an interview...will i have to travel to the states just for that?

I would be thankful for any advice

[Kath 0]

hi there

there is a military hotline that uscis has set up for military families about applications..you could give them a call to see if they can help you

military hotline

if you cant get through see if someone here in the states can enquire for you...

good luck

kath

[diadromous mermaid 36]

hello folks, I hope someone can help me here ... need some advise about filing for removal of conditions while stationed overseas...

Since my Conditional Green Card is expiring in October, I would like to file the I-751.

My husband is in the Military and we are currently stationed in Germany.

I found out that i can still file for the removal of conditions, this is a quote from the instructions in I-751:

NOTE: If you or your spouse are currently serving with or employed by the U.S. Government, either in a civilian or military capacity and assigned outside the United States, mail your petition to the USCIS Service Center having jurisdiction over your residence of record in the United States. Include acopy of the U.S. Government orders assigning you and your spouse abroad.

But at the same time, I called USCIS to ask how exactly to proceed in this case, and where to send my paperwork, since I didnt really know/understand what they mean by my "home of record". I am a German Citizen and I got my Permanent Resident Card because I moved to the United States with my husband 2 years ago, on military orders, but now we are back in germany.

The Lady however said that I have to file at the US Consulate here in Germany. which is contradicting to what the form sais. she said that i have to file in germany because i have no physical adress stateside. even though we are here on military orders.

At the same time their website (uscis frankfurt suboffice) sais that they only offer limited service there and the I-751 does not seem to be something they deal with there.

Did anyone go through this process before, and tell me what i need to do?

where do I need to file?

And also, what happens if i need to come to an interview...will i have to travel to the states just for that?

I would be thankful for any advice

Prior to your arrival in the US 2 years ago, your husband was serving and stationed in Germany?

[Moonlight_Angel 0]

yes, he was stationed in Germany and that was where I had originally filed for my Conditional Greencard, too.

However, it seems they do not deal with removal of conditions.

I think the Information I got from the Lady at USCIS about filing in frankfurt was wrong. I am almost positive I do need to send my paperwork to a service center in the states, I am just unsure of which one.

I dont know what they mean by my "home of record"

It was the military hotline I had called, by the way.

Edited August 22, 2007 by Moonlight_Angel

[jodee 30]

YOU do need to file with a centre stateside. I live in Germany too because my hubby is on Military orders, and did all my Removal paperwork from here. I used my in-laws address and my "home of record" in the states is the closest service centre to that address.

Yes, if you get called for interview, you will need to travel back to the states. When you and hubby originally filed paperwork, a US address would of had to of been listed somewhere on the paperwork, even if he was military overseas...

Jodee

[diadromous mermaid 36]

yes, he was stationed in Germany and that was where I had originally filed for my Conditional Greencard, too.

However, it seems they do not deal with removal of conditions.

I think the Information I got from the Lady at USCIS about filing in frankfurt was wrong. I am almost positive I do need to send my paperwork to a service center in the states, I am just unsure of which one.

I dont know what they mean by my "home of record"

It was the military hotline I had called, by the way.

"Home of Record" should not be confused with legal residence. "Home of Record" is the address a military member had upon entry into the Service. It does not change. "Home of Record" and legal residence may be the same address, and usually are, when a person enters military service. It can remain so even though the person or his/her relatives no longer live at that location, as long as the military member has not established a residence elsewhere after entering on active duty. If a military member changes legal residence after entering on active duty, he/she may not revert to claiming the "Home of Record" as legal residence without re-establishing physical presence and intent to remain in or return to that state.

Family members of active duty military personnel may each have a different legal residence. A spouse does not automatically assume the legal residence of the active duty member upon marriage. The spouse must meet the physical presence and intent to remain or return criteria. Minors typically assume the legal residence of either parent, and when they become 18, they also have the option of establishing their own legal residence which can be different from either parent, assuming they have met the guidelines of physical presence and intent to remain or return.

These are general guidelines for determining your legal residency for voting purposes. Consult your legal or JAG officer for specifics.

From http://www.fvap.gov/laws/legal.html

http://robins.jag.af.mil/Handouts/LA/leg_res.htm

[Moonlight_Angel 0]

yeah i think i confused something here, the form is talking about "residence of record", not "home of record".

I assume my "residence of record" would be the (first and only) place I lived in the US after I originally filed for my Green Card?

I dont remember what stateside address i provided when I originally filed (i did DCF in Germany after we came down on orders)...whether I had already known and put down the adress we were going to be living at in the states, or if I used my in-laws adress

[Stefanie 1]

We are living in Germany too and I just filed my I-751. We filed at the Nebraska Service Center because we used to live in Washington State before and Nebraska deals with that state. Since you don't know anymore which state or address you put down, just send it to Nebraska anyways because in the instructions it says "if you live elsewhere in the USA mail your petition to: USCIS Nebraska Service Center". I'd say APO addresses would count as "elsewhere".

Don't provide any stateside address though. Just use your APO address when you file and write MILITARY ORDERS on top of the form. As far as I know there won't be an interview. They will just mail you the green card. You also need to get a finger print card that you can get at the Security Office that is usually in the same building as finance, housing whatever. Where do you live in Germany? Oh and you are German too.

Stefanie