Vabsmith

If she does go back to USA now and file the I-751 to remove conditions, how long will that process typically might take to get her the 10 year green card?

Thanks very much. I was thinking the family based GC for unmarried daughter shall take 4 to 5 yeas but it looks like it takes much longer...

I was wondering if having a GC in the past is considered negatively while obtaining a student visa? also typically all student visa applicant's are of marrying age isn't... And we ( all her family) will be in India when she goes for her student visa interview... but yes your reminder helps me to think this through. Thanks

Myself USC, the wife and the step daughter both with conditional green card ( expires in April 24) are all currently staying together in India. We thought of an idea which I wanted get assessed here- The daughter wants to study in India for a few more years ( 2 to 3 yeas) she prefers to come to USA only after her undergrad is done in India. In this case can we execute the below plan?- 1. both the wife and the stepdaughter give up the GC by filing I-407 now 2. The stepdaughter applies for her student visa in 2 years 3. The wife applies for her new spouse sponsored GC and times it such that she gets it about the same time as and when the step daughter will got her student visa 4. We then all move to the USA in about 2 to3 years Does this look feasible? The motive is we will get to live all together in India and then in USA with this option.Also we have our 2 year old US born daughter who is half sister to the stepdaughter and the more they live together the better they can bond with each other. Thanks

Thanks you Dashinka and Nastra for those insights. I should have added a few more important details to my question. The daughter is already studying in India and her conditional green card will expire in about three months. She would need to study for another two years in India to finish her undergraduate. She did not apply for re-entry permit while leaving the USA as she was not sure of when she would come back to USA in future. At this point she thinks it might be better to give up the LPR and apply for a student visa when she is ready to do her further education in the USA. My question really is- Assuming the daughter gives up the LPR, and her mother ( my wife) applies for the daughter green card through family quota will that hinder the daughter's chances of obtaining a student visa or visitor visa in future?

Hello all, I am USC sponsor who brought my now wife and her daughter on K1 and K2 visa into the USA. They both got their two year conditional green card after our marriage. Now the daughter has turned 18 years old and wants to pursue her undergraduate studies from our home country. She plans to give up her conditional green card and apply for student visa at a later time when she is ready to do further studies in the USA. Is that possible? In another scenario if my wife applies for her daughter's green card then will the daughter still be eligible to apply for her student visa or even a visitor visa ? Thanks

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?

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?

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?

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?

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?

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?

Understood. So I-751 is only to get the 10 year GC and the eligibility for N-400 citizenship has a separate set of residency requirements. Time lived on re-entry permit out side of USA may not count towards the residency requirement ...

So if I understand it right. If we start living in USA today then the spouse has to fulfill three years of continuous stay in the USA as a requirement to be eligible for filing for citizenship.? So is the purpose of filing I-751 only to get another green card for a longer duration?

Thank you. So going back to scenario 1- If we both return back to USA before April 2024 ( that's when her 2 years GC expires) and start living in USA and file for I-751, would she be eligible to file for citizenship after living for one more year in USA that is say around April 2025?

"If you'rw getting LPR based on marriage that's over 2 years at the time of GC approval, it would be 10 year GC." Thank you ! that helps. So with the 10 year valid GC can she still apply for citizenship after living on green card for three years?

Thanks for you input. Plans change in life due to various reasons which is what happened in our case. What does the process of starting over LPR looks like? Would that new LPR also a conditional LPR ?

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?

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.

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

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

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?

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