dusty_jewels
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Everything posted by dusty_jewels
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Yes, I believe LPR and GC is the same for my situation right now. But I'm confused here. To answer your question, two immigration lawyers, plus when I asked this on VJ, no one disputed it, and it also says on https://www.usa.gov/travel-documents-foreign-citizens: "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 a conditional permanent resident. My green card expires in March 10th 2025. If I apply now, my re-entry permit expires then. I'm looking to apply for the reentry permit after my removal of conditions is received, which I cannot apply for now since it's not December 10th 2024 yet. I plan to apply for the removal of conditions around January 5th 2025 when I come back to the US. I believe I haven't misunderstood the lawyers and the usa.gov website regarding expiry of the re-entry permit for conditional perm. residents like me? Another VJ forum user told me. I believe you liked her comment on my last post. But yes, I agree that no one can predict that, I'll just cross my fingers for me to receive the biometrics re-use notice. I'll be staying till then. Thank you. I plan to stay until I get the biometrics notice. It's the interview that might be tricky for my husband, not me, as he's the one in Vietnam for work. I can fly into the US at any time and stay however long. So I guess, to answer my overall question, my husband might be needed back in the US next year for the interview, if scheduled?
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Hi, I just wanted to be entirely sure because I'm not in a straight-forward situation. So I can start applying for Removal of Conditions on my 2-year greencard on Dec 10th 2024, but I will be in Vietnam living with my American husband as he has a 2-year work contract there, so I also have to apply for my reentry permit. I can't apply for it now since it will expire with my 2-year greencard. I've decided to come back from Vietnam on January 5th 2025 to apply for everything, and by then I would have been away from the US for about 5 mths 2 weeks. My husband will not be flying back with me. I have been advised here on VJ to apply for the I-751, get the receipt/48 months extension and then apply for my reentry permit I-131. So questions: 1. Is my husband needed physically here in the US when I apply for both I-751 and I-131? From what I read, there is no need. We plan to fill out the I-751 form with his signature + the check for the fees over in Vietnam, and I bring all of that back to the US and send it to the USCIS. I have been told that biometrics should be re-used and that a physical interview isn't likely. I wasn't interviewed for my greencard. 2. I assume that I-131 is just me applying only, and biometrics will likely be re-used as well. 3. Also, is there any guide on VJ about the I-131? I couldn't find any, or is it very straight-forward? We will both be flying back in July 2025, so I assume if I need to be back in the US for anything, I can schedule it in July 2025. Appreciate any help!
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Hi, you've been so helpful in April and I just have 1 question if you have the time... you mentioned disclosing my Vietnam address... will it be OK if I didn't? I mentioned a physical address in NV while I stated my mailing address to be my MIL's permanent residence in CA. USCIS messed up somehow and sent me a letter to my NV physical address which was temporary and very rural. Had I not be there at the time, I would have never gotten that letter. Vietnamese mail gets lost very easily... especially addresses in English. I rather not indicate anywhere that I will be in Vietnam, just in case. Thank you SO much!
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Ah that should have been obvious... even more cultural differences because Singaporeans don't need to drive and so I can't drive. 😂 Great, I thought to expedite biometrics you have to have a really good reason but I'll put in that we have upcoming booked flights back to Vietnam. 👍 Thank you so much for everything, this was great and helped a LOT!
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This is amazing, and seriously, I'm guess you know this from observing current news and other people's success stories? HOW are you so up to speed? Magic! LOL yes we were scared out of our wits that credit cards might decline so we always wrote personal checks. So RIP to my poor husband's bank account because bless him, he's a teacher. Great, I already have a USCIS online account that I was monitoring diligently. 👍 So they actually will re-use my biometrics from 2 years ago? How interesting! Two last things, you said: Pardon my ignorance, but what is DL? And you said: I thought filing means mailing the forms in, do you mean that it's best to not file in Dec 2024 because I won't be in the US, but file everything when I'm actually back here so I can clarify if anything goes wrong? THANK YOU SO MUCH!
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WOW! This is incredible, how do you know this? What magic...?? Can I clarify this part here? All the research I've done imply that getting the I-751 filing receipt takes longer, and biometrics appointment for I-131 can take a few weeks. Do you know if the processing times have changed? You're saying biometrics reuse... is biometrics reuse actually possible and I DON'T have to go to a biometrics appointment? I was prepared to drive 1hr 44mins to the nearest ASC with my mom-in-law and do the biometrics appointment again when scheduled. Lastly, are you saying that showing the receipt of pending I-131 is good enough for the CBP, along with evidence of all the other ties to the US? THANK YOU very much in advance if you answer these questions!
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I'm sorry you had to do that and I understand. Over here, I'm thinking about having solid evidence regarding ties to the US as I believe they do totality of circumstances at CBP, and I'll consult the immigration lawyers if opening an LLC and paying corporate taxes is a strong tie. Thank you SO much for your helpful reply. I'll update!
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THANK YOU so much for such a thoughtful reply. You are right, actually it might be so much easier to just change the interview venue to Singapore if I decide to give up the green card. You are also very very right about no success stores. I can't even find a success story where someone came back twice every year and were still allowed in... they don't say and no one updates! So I don't know. And I don't think anyone truly knows (well, not the ones who successfully came back anyway, but they aren't saying anything.) What I do know is that there are success stories of people who came back to the US after 2 years away without the Reentry Permit and were let in... heh... maybe that's the solution (probably won't do that.) All of this really would be so much simpler if I had already applied for the ROC or got the 10 year green card. Sigh. But alas, I had to have the conditional one. What I believe I can also do is prove as many ties to the US as possible, especially if I set up an LLC and pay corporate taxes, at CBP. Another option would be me staying 3 months at a time when I return to the US, ensuring that I stay in the US 6 mths or 50% out of the year while also proving those ties. I'll have to consult immigration lawyers and ask for success stories. I'll update!
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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!
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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!
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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.
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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.
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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.
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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: I fly off to Vietnam in August 2024 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. I fly back to the US sometime in January 2025, under the 6 months red flag limit. 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. I wait for the Reentry Permit biometrics appointment. I attend my biometrics appointment that's hopefully scheduled by March 2025. I fly off to Vietnam. 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: Is my timeline correct? 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? How risky is it to ask USCIS to send the approved Reentry Permit to the US Embassy in Vietnam? 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.
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No interview?
dusty_jewels replied to Petersaad1's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Yes, I was approved for both I-485 on March 11th and then two days later the I-130 on March 13th (should be the other way around but I'm not complaining) without any interview. Just to confirm that this is not a consulate interview, I'm already in the US. I'm really pleased with this! I do wonder why they are doing this though. Maybe just for the straight-forward cases from countries without high immigration/marriage fraud? -
If it's OK, I'd love to chime in about my experience. Recently got approved for the green card after more than a year (to be fair I did get 2 RFEs that delayed the process lol.) My husband and I have been together for 7 years, I'm Singaporean, he's American. Figuring out how to be together weirdly hasn't been a big factor because we spent a lot of our relationship in different countries where I was allowed to stay for 3 months, go back home, and come back again for another 3 months. He's a teacher who teaches English in different countries, and money wasn't too much of an issue for me (lots of savings from 6-figure job.) However the pandemic changed many things, we were apart for 16 months and truly done with not being together. What I did in 2021 was come to the USA on ESTA, stayed for about 2 months, and then we spent 3 months in Costa Rica while he was interviewing for a job. He got a good job while we were there, and then I came back to the US. During my first time coming to the US after more than 1 year, I got withheld and taken to the secondary inspection room (they didn't let me use my phone but I managed to sneak a text to inform my then-boyfriend about it) and questioned. I had to show them my bank account, which is a very big deal, as everyone knows, because they want to know you have the means to not leech off them. The reason why I was questioned was because in 2019, I had extended my stay in the US to almost 3 months instead of my intended 2.5 mths. Even though the ESTA allows that, immigration doesn't like that. So when I came back from Costa Rica, I very well knew I might not get back in, and I warned my then-fiancé and soon-to-be-in-laws. I had the flight out of the US printed out + my job ties to my home country. However, the officer refused to look at those, he didn't care, he just questioned me again about my intentions on staying. He let me in after. My point is, if I were you, I'd prioritize time and finances, even if you're financially OK now. There can be a lot of unexpected costs and I would prioritize stability over anything else. As in, I'd go and stay about 2.5-2.8 months in the US, get married on paper and start the process of sending in the I-130, Petition for Alien Relative. This is not an easy process because it's all your financial documents, proof of relationship, affidavits.... man.... it took 2 months for me to gather all of that and I had a lawyer. Then you have to make sure you fill in the form EXACTLY or they will send a RFE to resubmit. Then, go to UK/Italy like you planned, and start consular processing for the green card. I believe this is still how it works, anyone feel free to correct me. Then he can visit, or come over for Christmas like you planned. He can then visit you again in UK/France March 2024... and then you'll both settle in Australia for a bit. By then things should have proceeded smoothly with the green card (as in, from what I know.) If you're talking about engagement now, there's not much difference between getting married on paper now vs next year except time, so I'd go ahead and do that and plan the wedding ceremony for later. For us, it was both a personal and practical choice, it just killed two birds with one stone. COVID already delayed us 2 years... for us long-distance folks, proper planning will help a lot because later you have to deal with things like social security, taxes, insurance, etc. Also, there were unexpected health problems with us and with family... you just want to be able to handle all of that. I'm very grateful to my past self that I've managed to avoid unnecessary hold ups and relationship problems due to financial stress. USCIS waived the interview, and I'm very grateful for that. Right now, we're living in a very nice apartment complex in Las Vegas, with great neighbors, and I can properly be on my husband's medical insurance. My father-in-law recently had a series of strokes and we can go deal with that instead of worrying about the green card. And yes, I would say that you being from the UK helps, it's more like Filippino passports that the USCIS pays more attention to.