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Logan5

Working Holiday in New Zealand while GC conditions removed

By Logan5 in Working & Traveling During US Immigration

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Logan5 Rookie

Logan5   1

Posted
Filed: AOS (apr) Country: Germany
 Timeline
Posted (edited)

Hi everybody,

I would need some advice on the following issue:

I am a German citizen with a valid Green Card which I obtained via marriage to a US Citizen on 5/21/2014. I spent 15 months and two days in the US (got a job, etc.) until my wife and I decided to temporarily leave the country to go travel in the Southern Hemisphere (Fiji, Australia, New Zealand, ...). We wanted to spend the majority of our time in New Zealand for which we both obtained a 12-month Working Holiday Visa. We are currently in New Zealand.

My Green Card will expire on 5/21/2016 and I fully intend to apply for having the conditions removed, by late February 2016 (90-day window). I did not apply for the I-131 because we never intended to stay outside the US for more than 12 months.

We are maintaining our bank accounts, credit cards, US mailing address, SSN, and Netflix account (for what it's worth), and we will file taxes in the US come 2016. We are planning to visit friends and family for Thanksgiving this year in the US (return ticket because we are still traveling).

We do not currently pay rent, own a car, or have domestic health insurance in the US. I also don't have a US driver's license or own any property in the US. We also have not bought a car in New Zealand, so far haven't done any work either, and the visa, as mentioned above, is only valid for 12 months and does not allow for residency of any type.

So far, so good.

My questions are:

1) When I fly into the US sometime in March/April next year to get my biometrics taken, will I have trouble with the immigration officer? I will have been outside of the US for quite some time of course (more than 7 months in the last 12 months that is, with a 1 to 2 week interruption for Thanksgiving) and I have read, depending on the port of entry & mood of the immigration officer that they could accuse me of having abandoned my intent to permanently reside in the US. Of course, I would bring my "supporting evidence of ties to the US" with me when returning to the US, but will that be enough (see above)?

2) Also, after that, we would want to keep traveling outside the US until our New Zealand visa expires. So, speaking the truth, in March/April 2016, I don't have the intention to stay in the US, at least not for another couple months. Will this be an issue with the immigration officer if I am only temporarily returning to have my biometrics taken? Should I purchase a one-way ticket?

3) Finally, if we do not visit the US over Thanksgiving, will this effect the outcome of any of the above questions?

Thanks for helping me out here. I am quite puzzled by the system. I understand that an I-131 is helpful when staying outside the US for more than 12 months, but for anything between 6 and 12 months, it seems there is not much you can do...

Edited by Logan5

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TBoneTX Grand Master

TBoneTX   43,048

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Several off-topic posts have been removed. Stick to the issue, please.

VJ Moderation

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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  • 1 month later...
Sean and Kristina Enthusiast

Sean and Kristina   24

Posted
Filed: Citizen (apr) Country: New Zealand
 Timeline
Posted

Did anyone ever answer this question? I want to follow the topic. Hopefully someone new can provide some insight.

I wrote a full detailed account of our AOS process, timeline, AP use, and interview on my blog. You can read it here.

Read our experience clearing immigration with an expired green card and extension letter here.

F-1 AOS Journey

Spoiler

10/05/15 - Mailed AOS Package (I-130, I-485, I-864, I-693, I-131, I-765, G-325As, G-1145)

10/07/15 - AOS Package delivered to Chicago Lockbox

10/14/15 - Received four NOA1s via e-mail & text notifications that USCIS received our case. Routed to National Benefits Center for processing

10/15/15 - Checks cashed

10/19/15 - Received four hard copies of NOA1s in the mail

10/23/15 - Received biometrics appointment in the mail. Scheduled for 11/03

10/26/15 - Failed early walk-in attempt for biometrics at Boston location

11/03/15 - Biometrics appointment in Boston

11/10/15 - AOS case status changed to "Ready to be scheduled for interview"

12/21/15 - EAD/AP approved

12/24/15 - EAD/AP mailed

12/30/15 - EAD/AP delivered

03/17/16 - Interview scheduled for April 20th

04/20/16 - AOS Inteview - Boston, MA - APPROVED!

04/25/16 - Approval notice received in the mail

04/26/16 - Green card mailed

04/29/16 - Green card delivered

 

ROC

Spoiler

02/20/18 - Mailed I-751 Package

02/23/18 - I-751 delivered to CSC

02/28/18 - Check cashed

03/02/18 - NOA1 received in the mail

05/12/18 - Notice that previous biometrics will be reused

08/24/18 - Received 18 month extension letter (courtesy copy)

10/22/18 - Received the "revised notice" with the correct 18 month extension letter--on green paper this time.

02/27/19 - Card mailed notification via Case Tracker mobile app

03/01/19 - Both approval letter and new green card delivered

 

N-400

Spoiler

03/02/19 - Filed N-400 online

03/02/19 - NOA1 via online portal

03/09/19 - Biometrics scheduled

03/12/19 - Biometrics appointment appeared in Documents tab in online USCIS account

03/13/19 - Successful early walk-in for biometrics 

11/13/19 - Interview

Seizetheglobe.com

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Boiler Grand Master

Boiler   43,429

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Did anyone ever answer this question? I want to follow the topic. Hopefully someone new can provide some insight.

Yes

Sadly they were deleted.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Sean and Kristina Enthusiast

Sean and Kristina   24

Posted
Filed: Citizen (apr) Country: New Zealand
 Timeline
Posted

Well, that's disappointing. I'm in a situation where my husband may need to work abroad after he graduates from school and is a LPR. Boiler, did you answer previously? Can the OP shed some light on the answers he received? I'm open to messages as well.

I wrote a full detailed account of our AOS process, timeline, AP use, and interview on my blog. You can read it here.

Read our experience clearing immigration with an expired green card and extension letter here.

F-1 AOS Journey

Spoiler

10/05/15 - Mailed AOS Package (I-130, I-485, I-864, I-693, I-131, I-765, G-325As, G-1145)

10/07/15 - AOS Package delivered to Chicago Lockbox

10/14/15 - Received four NOA1s via e-mail & text notifications that USCIS received our case. Routed to National Benefits Center for processing

10/15/15 - Checks cashed

10/19/15 - Received four hard copies of NOA1s in the mail

10/23/15 - Received biometrics appointment in the mail. Scheduled for 11/03

10/26/15 - Failed early walk-in attempt for biometrics at Boston location

11/03/15 - Biometrics appointment in Boston

11/10/15 - AOS case status changed to "Ready to be scheduled for interview"

12/21/15 - EAD/AP approved

12/24/15 - EAD/AP mailed

12/30/15 - EAD/AP delivered

03/17/16 - Interview scheduled for April 20th

04/20/16 - AOS Inteview - Boston, MA - APPROVED!

04/25/16 - Approval notice received in the mail

04/26/16 - Green card mailed

04/29/16 - Green card delivered

 

ROC

Spoiler

02/20/18 - Mailed I-751 Package

02/23/18 - I-751 delivered to CSC

02/28/18 - Check cashed

03/02/18 - NOA1 received in the mail

05/12/18 - Notice that previous biometrics will be reused

08/24/18 - Received 18 month extension letter (courtesy copy)

10/22/18 - Received the "revised notice" with the correct 18 month extension letter--on green paper this time.

02/27/19 - Card mailed notification via Case Tracker mobile app

03/01/19 - Both approval letter and new green card delivered

 

N-400

Spoiler

03/02/19 - Filed N-400 online

03/02/19 - NOA1 via online portal

03/09/19 - Biometrics scheduled

03/12/19 - Biometrics appointment appeared in Documents tab in online USCIS account

03/13/19 - Successful early walk-in for biometrics 

11/13/19 - Interview

Seizetheglobe.com

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Boiler Grand Master

Boiler   43,429

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Tricky as you do not want to waste your time just to get it deleted.

I will say it is very fact dependent and maintaining PR status is not well understood by those who post on this site or for that matter most Immigration Lawyers.

If you seek legal advice make sure it is from someone who has at least tried a few abandonment cases.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

Well, that's disappointing. I'm in a situation where my husband may need to work abroad after he graduates from school and is a LPR. Boiler, did you answer previously? Can the OP shed some light on the answers he received? I'm open to messages as well.

Get a Re-Entry Permit and maintain a US resident.

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