I asked a similar question before in another forum but I still don't really have an answer, that I can live with. So I hope, someone can clear things for me.

This is my situation:

AOS pending since 12/2006
AP expires 08/2008
moving back to Germany due to husbands military orders.

My question:

What options do I have, if my greencard is not getting approved before I leave?

My congressman is involved, my case is under review. I recieved a letter from USCIS that it will take up to 60 days until I might hear from them again about the result of this review. This is way too long if they still want to transfer my case to a local office and interview me.

My congressman informed me that the info that he got was, that a military move is not reason enough to get my case expedited like it would be if he deployed.

So, what are my options? I was thinking about staying in the US longer, but who knows, how long that will be? Plus, I am pregnant and won't be able to fly from a certain time on in pregnancy and then neither with a newborn, so I need to leave with my husband.

Any ideas or thoughts?? I really appreciate every answer, this whole situation greencard/move/pregnancy is extremely stressful for me and I desperatly need some good thoughts about what I can do if the worst happens.

Thank you!!!

Staying behind until you receive approval confirmation would be the best bet. However, even if you were to receive the green card, you still have to make sure you do not appear to USCIS to have abandoned permanent residence by living abroad.

The problem with staying behind is...if they will finally invite me for an interview, most likely my husband won't be able to attend. Most likely he will have to deploy shortly after we get to Germany.
Plus, if I have to stay behind, I'd probably have to have the baby in the US and I would be ALL alone. In Germany, at least my family would be around.
I don't think I would abandon my permanent residence to USCIS because I would be on my husbands orders and that counts as living in the US.

If you live abroad because of your husband's military orders, USCIS treats this the same as living in the US. You would want documetation of his orders anytime you wish to travel to the US, during the time you live abroad.

What exactly does this mean? That I don't need AP, I travel with a copy of his orders instead because that's the only reason why I left the US? Does USCIS accept APO adresses, because while living abroad, we won't have a stateside mailing address...or would it be okay to change my address to a friends US address and have her forward me the mail?

It would make sense if I was being treated overseas as if I lived in the US because I think it would be unfair if we would get punished for serving the US being in the military. But what is fair these days? lol

Thanks for all comments so far, please keep the thoughts and ideas coming!!

Perhaps you can look for posts of a VJ member named jodee. She came in on a K1 visa but they moved to Germany because of her husband's military orders while her AOS was still pending. Based on her timeline, she had to come back to the country for her AOS interview. She will be able to give you the answers you seek as she's been in that situation before.

Good luck!

Thank you! I have sent her a message, I hope, she can share her experiences with me!

Sorry if I am so persistant on this, but I really need to find out, what my options are soon!!! We are about to sell our house, my husband will be gone for 4 weeks between now and June and it is just a lot of stress to get everything settled and done.

Thanks for all the help!!!

You're welcome! and good luck on the move!!

You should be fine to go with your husband as long as you file the change of adress with USCIS because staying abroad the US under military orders is considered as if you are still in the US. But to be sure I would get an appointment and talk to the people.

Good luck!

No. Don't read anything else into what I wrote. You still need AP but the orders will confirm to the CBP officer that your stay abroad should be disregarded as to maintaining permanent residence. It has nothing to do with the need for advanced parole. You do need that.

So let's say I apply for a new AP before I leave, that would cover my first year overseas...if I don't have the greencard by then. How do I get mail from USCIS in Germany? Do they accept APO adresses? Germany postal addresses? How about my interview? If I don't have a statesside homeaddress, where would my "local" office be at? THe embassy in Frankfurt, Germany? New Orleans, because my last us residence was in Louisiana?

Not trying to look demanding, but I think that would be some big BS if they would have me fly in from Germany for an interview! I know that has happened before, but still, that's crap.

Oh well, I guess there is nothing I can do about how things go...

I don't know. I'm only addressing the issue of maintaining permanent residence, not the rest of your issues.

My understanding is military bases in foreign countries are generally classed as being at home ( the us bases in Germany in my experience actually use dollars on base and literarly home from home kind of conveniences - )

Is it possible for your husband to talk to his superior or maybe you have what we use to call a "famllies officer" the branch that deal with allotted quarters etc? maybe they can throw some light on this as this situation must come up a few times ?

Good luck ! I loved my time in Germany

Thanks, everybody!

I now that our time n Germany would not count against me as in my residence requirements. I have the problem that I don't know how it will work out, once I am in Germany.
Ok, I will have AP to reenter the US if have to, BUT: As far as coming back for an interview, that will be really difficult, depending on when it will be:
a) I am pregnant and I won't be able to fly anymore from a certain time on
b)my husband will deploy sooner or later and then he won't be able to be there for the interview.

Those aremy two main problems I will have, if I don't get my greencard before I leave.

THat's why I was asking what my options areto either get things speed up or what I can do once in Germany. (Specially regarding the address issue: We will only have an APO address and a german mailing address.)

First of all, it's ridiculous that you've been waiting since 2006

* According to the instructions (for the I-131) - it can be sent to a foreign address (I presume APO also) if requested when AP is applied for. See section 1-Re-Entry Permit on instructions.

Someone correct me if I'm wrong but U.S. Military bases abroad are considered US soil and being stationed on one is the same/similar to living in the US... (I know that's vague, but am pretty certain you're not abandoning any visa process by being stationed on one.)

I sent this to Nane in reply to a PM, but thought it might benefit others as well.

Ok,..here's my story, and what I did.


We got married in February 04, in California. My hubby got orders to Germany a few days before we got married. So, a few days after we married in February 2004, we filed AOS and EAD. We filed the AP as a precaution, after me doing some research on March 11 because we were leaving the US on March 18. We did an infopass appt both times, and were able to walk-in to file paperwork in Los Angeles. My EAD and AP was approved the same days they were lodged. And my AOS was pending when we left the US, but becasue I had the AP, and my husbands military orders, it was safe to travel overseas.

Living overseas on a military base is considered "us soil", and so will not adversely affect you when it comes to lifting conditions or citizenship.

Anyways, Like I said I lodged the AOS in March 2004 and was pending when I left. I got a letter in June 2004 to attend an interview in Los Angeles in July 2004 . I had to fly from Germany to Los Angeles. I showed my AP paperwork, my military ID, and a copy of the military orders, along with a copy of the AOS interview letter, and was allowed in at the customs desk no problems. My husband was deployed to Iraq 2 weeks after we got to Germany. I simply got a letter from my husbands rear detachment command, along with his deployment orders to show where he was, and why he could not attend. I was able to attend the interview on my own.

Bear in mind, back when I did this, interviews were still the norm, most AOS applications now are approved without interview. That changed a few months after I had my interview. It was to initially relieve backlog of the applications, but the trend seems to of continued. Interviews now for AOS are rare unless there are "anomolies", or things that dont gel, in your application, But if it is a straight forward application, you should be approved without interview.

Even though military applications dont get expedited unless deployment is imminent and you have proof of this, I can see you having no problems going through your AOS.

MAIL DOES GO TO APO ADDRESSES.

Anyways, I was approved at interview for AOS, if you could call it an interview. I was called to a desk at the back of the waiting room and was told, all looks good, hope your husband is staying safe, your approved.That was my interview!. I didn't even make it inside a door. It lasted 3 minutes. The officer stamped my passport with a i-551, which is proof of AOS approval, and conditional resident status. Gave me a paper that indicated the date I needed to lodge the I-751 on, and said, all the best to you and your hubby.

My card arrived in the mail 4 weeks later.

When it came time to lift conditions, I also did this from Germany. I was eligible to do this in April 2006, but procrastinated a little, and didnt file til June 2006, and got a letter in the mail saying approved in July 2006 and my status extended letter for a year in August 2006. When I lodged my application, I was advised that I did not need to have fingerprints (biometrics) done. So after the approval letter, I sat back and waited for my card to arrive. In November 2006, after no card arriving, I called the USCIS, as I was planning to travel to the US in December, and my 2yr card was expired. I was able to speak with an immigration officer. I was advised that my card had not been produced because their was no fingerprints on file. I was stunned and explained that I was advised they were not required, I even gave the previous Immigration officers name that provided that info.

The immigration officer said I could just get them done on base, and send them in. I said, I was travelling to the states in December. The immigration officer said that would be perfect, make an INFOPASS appt , and go into my local office stateside to get my biometrics done.

So, I travelled back to the states with my now expired 2 yr green card, a copy of my approval letter, that extends your status for a year, my military ID, and military orders once again, and had no problems once again getting into the country. I attended my local USCIS office on my appt date. They simply took "one" fingerprint, my index finger, and stamped my passport with another I-551.

I then went home to Germany and waited for my card. It arrived a few weeks later.

Also bare in mind I-751 procedures have also changed since I lodged it. They do specify now in the application, that if you are military and overseas, to get a full set of fingerprints done, and send them in with your application.

So thats my story in a nutshell.

If you have any other questions, dont hesitate to ask.

Jodee

p.s..also, when you come to Germany, you will be given a SOFA card. (status of forces agreement ). It allows you unrestricted entry and exit from Germany. it si done when you inprocess over here.

ALSO ADDED: I would do the AP as a precaution, "just in case" you do get called up for interview. You might see it as a waste of money, but I saw it as peace of mind, knowing I could get back into the states if i needed to. So go aheaad, and get another one.

Also just read your previous posts in this thread,..you will have to go back to your local stateside office for interview. It would not be done in frankfurt!!

Jodee, thank you so so much for this reply, you have answered pretty much all questions I had!!! I am still hoping to get approved after this review is done, but if not, I feel much much better about the whole situation now.
If it was like this, I'd even wait a little longer until I am eligable for my unconditional greencard, which would be in August 08.

I will post as soon as I know something, but thank you all so much for aswering my questions so patiently!

Your most welcome!!