Filing I-751 while living outside the U.S.?

[lovegirl 0]

Hello All,

My husband has had his 2-year conditional resident green card(originally started as a K-1) and its getting close to the time to file to lift the conditions.But we have actually moved to the U.K., where he is from, in that time.

We were going to abandon the process all together because we aren't sure if we are coming back. But looking into it, if you dont file to lift conditions, you are sent a letter and expected to appear at a hearing...very Law and Order!!!

Anyways, I just am wondering if anyone has had this same situation or close to it? For starters, I am not sure which center i would need to use. Then , is it worth it to make the flights back for the biometrics and the interview? And we dont have very much evidence of the last year when we were living in the states. We lived with friends and didnt have any bills or tenancy in our names.

I was thinking if we ever decided to move back to the US we could just file for the K-3 or the Direct Consular filing. I havent fully looked into those options but i really need to weigh everything. I just dont know how they would view different/new applications since we have a history with the USCIS.

SO any advice or tips are greatly appreciated...

Thanks everyone,

Megan

[tweety 1]

For how long have you already resided outside the US and when do you intent to return?

From what you write it looks to me as if you have already abandoned your LPR status, thus you don't even qualify to file I751 removing of conditions.

I'm not sure what kind of letter you are talking about that is supposed to reach you from USCIS....

[lovegirl 0]

For how long have you already resided outside the US and when do you intent to return?

From what you write it looks to me as if you have already abandoned your LPR status, thus you don't even qualify to file I751 removing of conditions.

I'm not sure what kind of letter you are talking about that is supposed to reach you from USCIS....

Well, we have been outside of he US for four months, but i dont see why we wouldnt be eligible to remove conditions. His green card is still valid for 4 months, so in theory we need to file for the 751 in a month. I cant find conditions telling you what you can or can not do during the 2 year period of the inital green card.

The link to the USCIS page i am talking about is here:

http://www.uscis.gov/portal/site/uscis/men...d1a/?vgnextoid=

7b6d96981298d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1RCRD

And this is what it says

"What if I am Late in Applying to Remove the Conditions on Residence?

If you fail to properly file the Form I-751 (Petition to Remove the Conditions on Residence) within the 90-day period before your second anniversary as a conditional resident, your conditional resident status will automatically be terminated and the USCIS will order removal proceedings against you. You will receive a notice from the USCIS telling you that you have failed to remove the conditions, and you will also receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements (the USCIS is not responsible for proving that you did not comply with the requirements).

The Form I-751 can be filed after the 90-day period if you can prove in writing to the director of the Service Center that there was good cause for failing to file the petition on time. The director has the discretion to approve the petition and restore your permanent resident status."

So i am not really sure how that works either..

Thanks though!

[tweety 1]

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

taken from the above link:

"...Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

* Move to another country intending to live there permanently.

* Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

* Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

* Fail to file income tax returns while living outside of the US for any period.

* Declare yourself a “nonimmigrant” on your tax returns...."

[tweety 1]

With only 4 months outside the US you are not really at risk just yet of abandoning your status (unless you take the establishing residence overseas literal!)... should you however remain outside the US it will be inevitable that you will lose your status - an unexpired greencard will not help there either. Thus even if you should get a 10 year card, it won't allow you to stay out of the US for 9 years and then trying to return to the US hoping to still be a legal permanent resident - this is of course an extreme example.

On the letter part: I doubt USCIS sends letters abroad. You are already out of the country, so removal proceeding would be unnecessary.

I think, the part you mentioned only applies to those that reside in the US as conditional LPRs and then fail to file I751 within the 90 day window prior to greencard expiry.

Someone pls correct me if I should be wrong with any of my assumptions...

[lovegirl 0]

With only 4 months outside the US you are not really at risk just yet of abandoning your status (unless you take the establishing residence overseas literal!)... should you however remain outside the US it will be inevitable that you will lose your status - an unexpired greencard will not help there either. Thus even if you should get a 10 year card, it won't allow you to stay out of the US for 9 years and then trying to return to the US hoping to still be a legal permanent resident - this is of course an extreme example.

On the letter part: I doubt USCIS sends letters abroad. You are already out of the country, so removal proceeding would be unnecessary.

I think, the part you mentioned only applies to those that reside in the US as conditional LPRs and then fail to file I751 within the 90 day window prior to greencard expiry.

Someone pls correct me if I should be wrong with any of my assumptions...

THank You So Much...

I see what you mean. Their little hearing is because if you dont file to lift whilst in the US, they deport you. And my husband cant really be deported since he isnt in the country.

I guess i will just have to abandon it and if we decide to move back, go through another application. I dont think filing from over seas would work very well. But i really am thankful for your help.

[tweety 1]

one exception though:

if you would be stationed overseas on military orders!

But I don't take it you or you husband is in the US military and you were sent overseas on these orders?

[lovegirl 0]

You assume correctly!

[Jasman0717 8]

By moving it could be considered abandoning his LPR status.