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Logan5

Traveling abroad prior to I-751 eligibility

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Hey'all,

I find myself in a little bit of a pickle, and I think I am in need of some advise, please.

So, here is the situation: I was granted a conditional permanent residency (spouse) in May 2014. Naturally, it will expire in May 2016, and I cannot apply to have the conditions removed before February 2016.

As it is, me and my wife are moving to New Zealand in September. We were granted a 12-month Working Holiday Visa. We are also playing with the thought of spending some time in Taiwan, thereafter, since that is were my wife's family lives.

That said, I do not want to lose my permanent residency, as we intend to move back to the States, at some point.

As far as I can see, I cannot apply to have the conditions of my permanent residency removed while I am abroad, because it requires me to have my biometrics taken. Also, if I apply for a I-131, I am not sure if they will let me back in, since I not only was gone for 12-24 months, but my Green Card expired in between.

Could somebody verify that I can still re-enter the US with an expired Green Card if I have a granted I-131?

Or can I apply to have my conditions removed in a US Embassy abroad?

Or what do you think is my best option here?

Thanks so much for all your help!

Best,

René


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Well, if that is my only option, I guess I will consider it. Although it seems a tad bit unreasonable to fly 2x 14 hours, and pay approx. $1,700 air fare just to have them take a finger print that they have already taken about a dozen times, which btw never changes anyways. For that type of commitment, I might just apply for a new Green Card, once I have returned.

Edited by Logan5

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Well, if that is my only option, I guess I will consider it. Although it seems a tad bit unreasonable to fly 2x 14 hours, and pay approx. $1,700 air fare just to have them take a finger print that they have already taken about a dozen times, which btw never changes anyways. For that type of commitment, I might just apply for a new Green Card, once I have returned.

Well, you won't be able to just apply for a new green card once you have returned. You'd have to start doing that before you plan to move back, since the GC can take a year to get, and your expired GC will no longer be valid for living in the USA (an expired GC + a one-way ticket is a good reason to get put back on an airplane).

The biometrics thing is pretty annoying. They take much more detailed fingerprints at that appointment than they do previous to that, so I'm not sure there's a way around it. Some folks who have had fingerprints taken close to their RoC process have the re-printing waived (and I think you get printed for the I-131) so they may not want another set - but I know no way to guarantee this.

You can also reschedule biometrics appointments, but you have to do it by letter and folks often don't have enough time to do that before the appointment - although many offices allow "walk-ins" which mean that at soon as you have a biometric appointment, you can walk into the office any time before your appointment and have your prints taken.

Do you know when you intend to spend a year abroad? Perhaps you could make that more flexible and plan that for after you have started your renewal process (you can file anytime in the 90 days prior to expiry of your GC, and biometrics is typically done about 20-40 days from filing)?

Edited by lost_at_sea

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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moving our date of departure is out of the question. (un)fortunately, we are leaving on August 23, already. that's on me, I know. not very German of me I guess ;)

From the looks of it, I will het the I-131, and in 2/16 in the US Embassy in Auckland, I will try to get the conditions removed.


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From the looks of it, I will het the I-131, and in 2/16 in the US Embassy in Auckland, I will try to get the conditions removed.

You will still have to return to the USA for biometrics and interview, according to the

(4) Physical presence at time of filing. A

petition may be filed regardless of

whether the alien is physically present

in the United States. However, if the

alien is outside the United States at

the time of filing, he or she must return

to the United States, with his or

her spouse and dependent children, to

comply with the interview requirements

contained in the Act.

http://www.gpo.gov/fdsys/pkg/CFR-2012-title8-vol1/pdf/CFR-2012-title8-vol1-sec216-4.pdf

From: http://www.gpo.gov/fdsys/granule/CFR-2012-title8-vol1/CFR-2012-title8-vol1-sec216-4

Not sure if that's the most current version - their website is a mess, but I doubt it's changed.


* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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