Returning to Germany while AOS pending

[jodee 30]

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!!

Edited March 14, 2008 by jodee

[nane1104 146]

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!

[jodee 30]

Your most welcome!!