Filing from abroad

[Jasmin 1]

Hello fellow VJers,

I need help in the following matter:

I received my greencard in October of 2007 and lived in the states from November 2007 until September 2008 (with an occasional month or so back in Germany for vacation). In September 2008 me and my husband went back to Germany where for now (at least 3 years) we will be living due to professional reasons. However, we do not want to give up my greencard because we want to keep that option open if we decide to move back to the states.

The 90-day period to lift conditions on my 2-year greencard is coming up to receive the 10-year one.

Now my question: Is it possible to file the I-751 from Germany? Is it a problem that we have been out of the States since September and are planning to be living abroad for a while? What kind of options do we have?

Please help, we don’t really know where to start.

[milimelo 4,500]

ROC from abroad - Only if your husband is in the military and you were deployed with him.

ANother option, if your husband is working for an American company, is to get expedited citizenship.

[Bobby+Umit 161]

Hello fellow VJers,

I need help in the following matter:

I received my greencard in October of 2007 and lived in the states from November 2007 until September 2008 (with an occasional month or so back in Germany for vacation). In September 2008 me and my husband went back to Germany where for now (at least 3 years) we will be living due to professional reasons. However, we do not want to give up my greencard because we want to keep that option open if we decide to move back to the states.

The 90-day period to lift conditions on my 2-year greencard is coming up to receive the 10-year one.

Now my question: Is it possible to file the I-751 from Germany? Is it a problem that we have been out of the States since September and are planning to be living abroad for a while? What kind of options do we have?

Please help, we don’t really know where to start.

Did you file for a re-entry permit before leaving in Sept 08 since you left with the intention of being away for 3 years?

A permanent resident alien who intends to remain abroad for more than a year should, at least 30 days prior to the proposed date of departure, apply while in the United States to the U.S. Citizenship and Immigration Services (USCIS) in the Department of Homeland Security for Reentry Permit. The permit is valid for two years and may not be extended. If such a permit is obtained the alien may use this card to reenter the United States within the period of validity. Every alien applying for readmission must satisfy the immigration authorities that he or she is eligible in all respects for admission.

A Reentry Permit does not preserve residence for naturalization purposes. An application for preservation of residence must be filed with USCIS prior to departure from the United States. Further information may be obtained from the USCIS office having jurisdiction over the alien''s place of residence in the United States.

Source: Returning Resident Alien

[Jasmin 1]

No, my husband does not work for the military or a US company.

No, we didn't file fore a re-entry permit for me because when we left the US in September of 2008, we didn't know we were going to be out of the country for this long. We plan on going back this summer for vacation, though. Maybe we could apply for a re-entry permit for me then?

Yet that doesn't solve the problem of removing conditions, right?

[jasminelily 1]

No, my husband does not work for the military or a US company.

No, we didn't file fore a re-entry permit for me because when we left the US in September of 2008, we didn't know we were going to be out of the country for this long. We plan on going back this summer for vacation, though. Maybe we could apply for a re-entry permit for me then?

Yet that doesn't solve the problem of removing conditions, right?

Sorry to tell you the truth, if your husband doesn't work for the military or a US company, then there's no other way for you to be able to file abroad.

[Jasmin 1]

But does that mean you have to be present in the US during the whole I-751 process, or does the I-751 just have to be mailed from within the US?

[jasminelily 1]

But does that mean you have to be present in the US during the whole I-751 process, or does the I-751 just have to be mailed from within the US?

Biometrics appointment has to be done in US.

Btw, you will have a hard time explaining the long time that you're away from US because they are asking for addresses in past and current on the form. If they see that you're not currently residing in US and didn't have a re-entry permit, you will in bigger trouble than you think.

[TayRivers 4]

You may have already abandoned your Greencard status, You would need to keep a residence in the US and be activly living here to maintain that status.

You will not be able to lift conditions unless you can show evidence of a on-going marriage within the USA and be able to send all the evidence of your life together in the USA covering the time from greencard approval to date of application along with your application to lift condition.

[alimar 0]

If you didnt apply for a reentry permit, I doubt you can reentry to the states now since you overstayed outside. Like a LPR you can not stay outside of the states more than 6 months.

I guess your best option is to hire a lawyer. Good luck!!!

[Bobby+Umit 161]

No, my husband does not work for the military or a US company.

No, we didn't file fore a re-entry permit for me because when we left the US in September of 2008, we didn't know we were going to be out of the country for this long. We plan on going back this summer for vacation, though. Maybe we could apply for a re-entry permit for me then?

Yet that doesn't solve the problem of removing conditions, right?

Since you over six months, you will have to go to the US consulate to get a re-entry permit. (your pass 6 months). They may even give you a 2 year re-entry permit, but you were suppose to file for that prior to depature from the US.

They may give you a tough time at the consulate or the POE in the US when you come back.

With the I-751 - that will be an issue. I suggest you talk to the consulate people when you try the above!

[lucyrich 20]

It might be easier to abandon the current green card, and apply for a new marriage-based visa if and when you want to return to the US. The new visa could be applied for via DCF, so the two of you probably wouldn't have to spend any time apart. And since your marriage would be more than two years old at the time you got the new visa, you wouldn't have to go through the removal of conditions process.

I'm not necessarily saying that's what you should do, but it's an option you might want to consider, and it may be the easiest route. Good luck.

[JERIII 8]

No, my husband does not work for the military or a US company.

No, we didn't file fore a re-entry permit for me because when we left the US in September of 2008, we didn't know we were going to be out of the country for this long. We plan on going back this summer for vacation, though. Maybe we could apply for a re-entry permit for me then?

Yet that doesn't solve the problem of removing conditions, right?

Since you over six months, you will have to go to the US consulate to get a re-entry permit. (your pass 6 months). They may even give you a 2 year re-entry permit, but you were suppose to file for that prior to depature from the US.

They may give you a tough time at the consulate or the POE in the US when you come back.

With the I-751 - that will be an issue. I suggest you talk to the consulate people when you try the above!

Now I'm confused - aren't LPRs allowed to remain outside the US for a year before they need a reentry permit? (Isn't that what you

quoted above?)

As to the I-751, I think you need to talk to a lawyer.

[rika60607 215]

No no no no no!

don't listen to these people!

I have spent 7 months in France and came back to US on conditional GC. You will only be in trouble if you are absent from the US for more than 1 year without re-entry permit. You should not be in trouble at the POE (although you are subject to inspection if coming back after 6-11 months of absence), and if you are worried - just travel together with your US spouse, that will be better.

It is true that you must maintain residence in the US. You need to be able to show intention of coming back. So spending a few weeks in the US on vacation is a good idea. Also a good idea to keep US bank accounts open and used, and property in the US, if you can. If you can rent a cheap apartment, do it, if not, ask friends or family to use their address as your mailing address.

Do apply for the 2 year permit to depart from the US. There is a requirement on it that you stay in the US until it's granted, so you want to look up the rules on this.

Don't give up your card! Getting it back is pain!

[Italian_in_NYC 259]

If I'm not wrong, a re-entry permit has to be obtained in the US before leaving the country.

Anyways, the easiest way by far is to surrender the green card and apply for a new one when returning to the US, if you ever decide to do so.

A re-entry permit would be useless anyways if you intend to stay out of the US for 3 years.

Edited April 24, 2009 by Italian_in_NYC

[rika60607 215]

No it would not be.

She would be out of the US for two years,

then come back for a couple of weeks and be out of the US for another year.

They would want to travel anyway, to see their relatives and friends!

How is she supposed to be able to do that if she surrenders the GC?

If I'm not wrong, a re-entry permit has to be obtained in the US before leaving the country.

Anyways, the easiest way by far is to surrender the green card and apply for a new one when returning to the US, if you ever decide to do so.

A re-entry permit would be useless anyways if you intend to stay out of the US for 3 years.