Returning to Germany while AOS pending

[nane1104 146]

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!!!

[diadromous mermaid 36]

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.

[nane1104 146]

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.

Edited March 13, 2008 by nane1104

[pushbrk 12,134]

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.

[nane1104 146]

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!!

[eau_xplain 2]

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!

[nane1104 146]

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!!!

[eau_xplain 2]

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

[Ngoc-Anh 1]

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!

[pushbrk 12,134]

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!!

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.

[nane1104 146]

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 #######.

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

[pushbrk 12,134]

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 #######.

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.

[truffles 2]

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

[nane1104 146]

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.)

[Otto 83]

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!!!

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.)