Help - Search - Members - Calendar
Full Version: Pending green card since 1994??
VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > K-3 Spouse Visa General Discussion

jmigs
I dont know if anyone can help me with this, cause it doesnt seem to be very common but i figured i ask.

My parents in 1994 applied and were approved for their green card but then moved back to France (native country), because my father got transfered for work. The familly thought that since we never picked the green cards up that by now they would be null and void. However one of my sister went to apply for her working papers and during the interview the embassy brought this up saying that our green cards have been pending since 1994. However since she still has a running student visa she cant claim hers until her student visa has run out.
I am now married to an americain. he is living in the US because of school and i am here in france waiting for my K3 to do its magic. does anyone know if and how i can claim this green card? is it valid, how do i get it or anything about it. the embassy has been anything but helpful, and i have never herd of a situation like this...

if you have any information it would be very much appreciated!

Thank you
lucyrich
I've never heard of such a situation.

By "approved for their green card" do you mean you received LPR status but just didn't pick up the actual card? Or were there more steps involved before actually receiving LPR status?

If you did receive LPR status, the fact that you have lived outside of the US for all these years would almost certainly be taken to indicate you have abandoned your lawful permanent resident status. As further evidence of abandoning status, I'm guessing you haven't been filing US income taxes all these years (lawful permanent residents are required to do so as long as they maintain their LPR status, wherever in the world they may be located). If you've abandoned LPR status, you'll have to start over and get status again.

If you never completed the act of getting LPR status, I'm not sure what, if anything, could be done to complete the process. I would assume something would have expired by now and you would no longer be eligible to receive status based on paperwork that was so old, but as you point out, this is an unusual situation. I'm just guessing.
knowledge
QUOTE(lucyrich @ Aug 17 2006, 07:45 PM) *

I've never heard of such a situation.

By "approved for their green card" do you mean you received LPR status but just didn't pick up the actual card? Or were there more steps involved before actually receiving LPR status?

If you did receive LPR status, the fact that you have lived outside of the US for all these years would almost certainly be taken to indicate you have abandoned your lawful permanent resident status. As further evidence of abandoning status, I'm guessing you haven't been filing US income taxes all these years (lawful permanent residents are required to do so as long as they maintain their LPR status, wherever in the world they may be located). If you've abandoned LPR status, you'll have to start over and get status again.

If you never completed the act of getting LPR status, I'm not sure what, if anything, could be done to complete the process. I would assume something would have expired by now and you would no longer be eligible to receive status based on paperwork that was so old, but as you point out, this is an unusual situation. I'm just guessing.



Jm, im a bit confused, first you said "their" GC, then "ours"...i don't think their gc has anything to do wit you, if they did not apply for you the children...im a correct, or à côté du chemin...smile.gif
Risto
QUOTE(jmigs @ Aug 17 2006, 11:56 PM) *

I dont know if anyone can help me with this, cause it doesnt seem to be very common but i figured i ask.

My parents in 1994 applied and were approved for their green card but then moved back to France (native country), because my father got transfered for work. The familly thought that since we never picked the green cards up that by now they would be null and void. However one of my sister went to apply for her working papers and during the interview the embassy brought this up saying that our green cards have been pending since 1994. However since she still has a running student visa she cant claim hers until her student visa has run out.
I am now married to an americain. he is living in the US because of school and i am here in france waiting for my K3 to do its magic. does anyone know if and how i can claim this green card?


Only if you are under 21 and not married
jmigs
My sister is 23 years old and they told her about it. My parents said they filled for the hole family. this is a very strange situation.. so we are not getting our hopes up..

if you have any more insight that would be great! and thank you so much for all your help biggrin.gif
knowledge
QUOTE(jmigs @ Aug 18 2006, 02:14 AM) *

My sister is 23 years old and they told her about it. My parents said they filled for the hole family. this is a very strange situation.. so we are not getting our hopes up..

if you have any more insight that would be great! and thank you so much for all your help biggrin.gif



If they filled for the whole family, then you must see those papers. How can somebody fill such an important paper without informing the concerned person. I'll start from there.
meauxna
QUOTE(knowledge @ Aug 20 2006, 07:48 PM) *

How can somebody fill such an important paper without informing the concerned person.

If the concerned person is your minor child?

The parents filed for PR status for the family. The OP and her sister would have been children when it happened & wouldn't have been given copies of their paperwork. They *might* still have it now. I wonder if she has asked her parents?
knowledge
QUOTE(meauxna @ Aug 21 2006, 12:55 PM) *

QUOTE(knowledge @ Aug 20 2006, 07:48 PM) *

How can somebody fill such an important paper without informing the concerned person.

If the concerned person is your minor child?

The parents filed for PR status for the family. The OP and her sister would have been children when it happened & wouldn't have been given copies of their paperwork. They *might* still have it now. I wonder if she has asked her parents?



Yes thanks, this is what i wanted to say!...(just saw today this thread again)
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2008 Invision Power Services, Inc.