didnt file I-751- living overseas 2 yrs

[happysmile 0]

Hi everyone,

We are so glad we found this forum (VJ). It's filled with valuable information, but we feel a little lost among so many terms and details, that were not sure what really applies to our specific situation...I'd be very grateful for your help to understand what we should do.

I'll do my best to explain myself but ill probably need help with some of the immigration terms.

My wife ( a US Citizen) and I ( from Mexico)got married in 2005 in the US. I had entered with a B1/B2 Visa (tourist). I overstayed for a year aprox and then we married. The relationship/marriage is completely legit. We have been together for almost 10yrs since we started dating. We have tons of photographic -documents that prove it. ie: photos of family parties, functions, vacations, etc

My wife was-is a student at the time with no income so we got a family friend to be my sponsor. We hired a local lawyer to help us file the documentation and accompany us to the interview. The interview took less than 20 minutes and I was granted a Temporary Green Card (2yrs).

We left to do volunteer work in South America for what was supposed to be just a few months and that's turned into an almost 2 and a half years stay. Our financial situation did not allow for me to return to the US sooner.

We have not filed the I-751 petition to remove conditions and my temporary Green Card expired in 2007.

My tourist Visa B1/B2 (10 yrs) expired this past August 2009.

so our questions are:

-We want to return back to the US and want to know what would be the best thing to do...?

-Is filing the I-751 still appropriate or we need to do something else?

-Will I be denied entry into the US because of this situation?

in terms of my Visa:

-Would I be denied a renewal of my tourist Visa B1/B2 if I went to the local embassy to renew it...(based on my previous history).

*I've had a tourist visa since childhood and traveled back and forth from the US to Mexico all my life (if that counts for anything..?)

-Is the B1/B2 the best Visa for me ? or is there a better option for me now due to the fact that Ive been married to a US citizen for some years.

I hope I explained my situation well. Please let me know if there are more details needed.

thanks in advance for your feedback and help..

[Dakine 26]

For one the tourist visa was history when you got your GC.

Your status without having applied to remove conditions on time means your GC is expired and no longer valid.

You need to submit the I-751 ASAP with a GOOD reason for being late.

Edited October 28, 2009 by Dakine

[visacheck 3]

For one the tourist visa was history when you got your GC.

Your status without having applied to remove conditions on time means your GC is expired and no longer valid.

You need to submit the I-751 ASAP with a GOOD reason for being late.

Does the OP lose his PR status for not filing I-751 on time? Or he just loses his access to the US coz his GC is expired?

[andaloco4u 0]

Hi:

Here is a very concise answer to your question. You are going to have to start back at Square 1.

The principal issue is that you have been outside of the United States for more than 1 year. A temporary green card holder who has not applied for a I-131 (Application for a Travel Document) and stays outside of the USA is assumed by US Immigration Law to have abandoned his residence in the US and no longer retains his permanent residence status.

I cite the following from the Department of State Website:

Returning Resident Alien

A permanent resident alien returning to the United States from a visit abroad of less than a year may apply for readmission by presenting an Alien Registration Receipt Card ("green card") to the immigration authorities at a port of entry. The one-year time limitation does not apply to the spouse or child of a member of the Armed Forces of the United States, or of a civilian employee of the U.S. Government stationed abroad pursuant to official orders. In this case, the spouse or child must present the card mentioned above, not have relinquished residence, and be preceding or accompanying the member or employee, or be following to join the member or employee in the United States within four months of the return of the member or employee.

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.

Travel documents required for entry into foreign countries come within the jurisdiction of the government concerned; information on such matters should be requested from the representatives of those countries in the United States. A Reentry Permit contains space for visas issued by consular representatives of other countries.

Permanent resident aliens who are unable to return to the United States within the travel validity period of the Alien Registration Receipt Card, or the Reentry Permit, may apply to the nearest U.S. consular office for a special immigrant Returning Resident (SB-1) visa. To qualify for such status aliens must show:--

That they were lawful permanent residents when they departed the United States. -- That when they departed they intended to return to the United States and have maintained this intent: -- That they are returning from a temporary visit abroad and, if the stay was protracted, that it was caused by reasons beyond their control and for which they were not responsible; and -- That they are eligible for the immigrant visa in all other respects.

Applicants who wish to apply for Returning Resident (SB-1) visas should contact the nearest consular office well in advance of their intended travel (at least three months in advance, if possible) to permit sufficient time for visa processing.

If the returning Resident (SB-1) visa is refused on the grounds that the alien has given up his residence in the United States, it may or may not be possible to obtain a nonimmigrant visa, depending on whether the applicant has established a residence abroad to which he will return. If the applicant wishing to return to the United States cannot submit convincing evidence of compelling ties abroad he may have to apply for an immigrant visa on the same basis by which he immigrated originally, if that is possible.

Probably it looks like you will have to file for a K-3 Visa.

andaloco4u

Hi everyone,

We are so glad we found this forum (VJ). It's filled with valuable information, but we feel a little lost among so many terms and details, that were not sure what really applies to our specific situation...I'd be very grateful for your help to understand what we should do.

I'll do my best to explain myself but ill probably need help with some of the immigration terms.

My wife ( a US Citizen) and I ( from Mexico)got married in 2005 in the US. I had entered with a B1/B2 Visa (tourist). I overstayed for a year aprox and then we married. The relationship/marriage is completely legit. We have been together for almost 10yrs since we started dating. We have tons of photographic -documents that prove it. ie: photos of family parties, functions, vacations, etc

My wife was-is a student at the time with no income so we got a family friend to be my sponsor. We hired a local lawyer to help us file the documentation and accompany us to the interview. The interview took less than 20 minutes and I was granted a Temporary Green Card (2yrs).

We left to do volunteer work in South America for what was supposed to be just a few months and that's turned into an almost 2 and a half years stay. Our financial situation did not allow for me to return to the US sooner.

We have not filed the I-751 petition to remove conditions and my temporary Green Card expired in 2007.

My tourist Visa B1/B2 (10 yrs) expired this past August 2009.

so our questions are:

-We want to return back to the US and want to know what would be the best thing to do...?

-Is filing the I-751 still appropriate or we need to do something else?

-Will I be denied entry into the US because of this situation?

in terms of my Visa:

-Would I be denied a renewal of my tourist Visa B1/B2 if I went to the local embassy to renew it...(based on my previous history).

*I've had a tourist visa since childhood and traveled back and forth from the US to Mexico all my life (if that counts for anything..?)

-Is the B1/B2 the best Visa for me ? or is there a better option for me now due to the fact that Ive been married to a US citizen for some years.

I hope I explained my situation well. Please let me know if there are more details needed.

thanks in advance for your feedback and help..

[happysmile 0]

For one the tourist visa was history when you got your GC.

Your status without having applied to remove conditions on time means your GC is expired and no longer valid.

You need to submit the I-751 ASAP with a GOOD reason for being late.

Hi Dakine,

thanks so much for your response

I am aware my GC has expired (ie: working purposes) but would it be still a valid document to allow me to re-enter the US?

If we file the I-751 asap what would be next? Meaning I file following all the required documentation (cover letter with GOOD explanations, forms, biometrics, check, etc) and then what follows??

-would I get a receipt/notice from the USCIS? Would that allow me to re-enter the US while the process is taking place?

I know that a my recently expired B1/B2 (tourist) Visa is a different type of document but would I still be able to apply for its renewel in the meantime?

[milimelo 5,029]

If you apply for I-751 it will be denied, you haven't resided in the US. Don't waste your money.

You're back to square one - file I-130 via DCF wherever you live now and you'll get the IR-1 visa - 10-year GC. You will need to probably secure a co-sponsor and file tax returns for previous years.

Look in the DCF forum for more info.

[happysmile 0]

If you apply for I-751 it will be denied, you haven't resided in the US. Don't waste your money.

You're back to square one - file I-130 via DCF wherever you live now and you'll get the IR-1 visa - 10-year GC. You will need to probably secure a co-sponsor and file tax returns for previous years.

Look in the DCF forum for more info.

milimelo thanks so much for your response

We where unsure as well about applying for the I-751...

anyone elses input on whether we should discard the I-751 option would be valuable....

Is applying for a I-130 via DCF our safest bet guys?

Is there anyhting that we can do to NOT start at square 1 again?

all input welcome!

[Dakine 26]

For one the tourist visa was history when you got your GC.

Your status without having applied to remove conditions on time means your GC is expired and no longer valid.

You need to submit the I-751 ASAP with a GOOD reason for being late.

Hi Dakine,

thanks so much for your response

I am aware my GC has expired (ie: working purposes) but would it be still a valid document to allow me to re-enter the US?

If we file the I-751 asap what would be next? Meaning I file following all the required documentation (cover letter with GOOD explanations, forms, biometrics, check, etc) and then what follows??

-would I get a receipt/notice from the USCIS? Would that allow me to re-enter the US while the process is taking place?

I know that a my recently expired B1/B2 (tourist) Visa is a different type of document but would I still be able to apply for its renewel in the meantime?

Sorry but I'm not qualified to give advice this important.

i suggest a lawyer.

Edited November 3, 2009 by Dakine

[Chica Yeyé 41]

The I-751 is not an option for you, since you are no longer a permanent resident.

You have to begin with the I-130 again, and get a new visa then greencard.

Good luck.

[Brother Hesekiel 2,236]

Applying for ROC via I-751 *very* late has oftentimes been done successfully, when accompanied by a letter explaining the reason for the late submission. However, in your case the extended absence from the US is seen as an abandonment of your residency. I would therefore apply for an SB-1 and see if they'll grant it. If not, you're starting over, this time, however, with a 10-year green card.

[happysmile 0]

Applying for ROC via I-751 *very* late has oftentimes been done successfully, when accompanied by a letter explaining the reason for the late submission. However, in your case the extended absence from the US is seen as an abandonment of your residency. I would therefore apply for an SB-1 and see if they'll grant it. If not, you're starting over, this time, however, with a 10-year green card.

Hi Just Bob,

Just sent you a PM.