Complicated Case

[Indo_mommy 0]

Hi,

Haven't post here in ages, some of you (I doubt very many tho') would probably remember that my husband and I moved to Asia in 2008 at the time I had my Conditional GC.

When we were just a couple of months short before applying for Removal of Conditions, my husband literally lost his job in China due to the whole economic crisis. We decided then to returned to my home country of Indonesia and we couldn't apply for the removal conditions.

Now that my husband had got a good job here even got his permanent resident too I'm wondering what to do next as far as my status to the US? I just called the USCIS office and talked to a lady who told me that we could do the whole process all over again by applying for I-130 (or the DCF?) and explained the situation was beyond our control that we can't apply for removal of conditions. We're planning to live here awhile so we're in no rush to apply for the I-130. However, if lets say we are to visit the US for vacation, can I just apply for a tourist visa or that would be a problem?

Sorry if I posted this question in the wrong section, like I said it's a pretty complicated case we have here.

Thanks!

[Dan J 277]

Hi,

Haven't post here in ages, some of you (I doubt very many tho') would probably remember that my husband and I moved to Asia in 2008 at the time I had my Conditional GC.

When we were just a couple of months short before applying for Removal of Conditions, my husband literally lost his job in China due to the whole economic crisis. We decided then to returned to my home country of Indonesia and we couldn't apply for the removal conditions.

Now that my husband had got a good job here even got his permanent resident too I'm wondering what to do next as far as my status to the US? I just called the USCIS office and talked to a lady who told me that we could do the whole process all over again by applying for I-130 (or the DCF?) and explained the situation was beyond our control that we can't apply for removal of conditions. We're planning to live here awhile so we're in no rush to apply for the I-130. However, if lets say we are to visit the US for vacation, can I just apply for a tourist visa or that would be a problem?

Sorry if I posted this question in the wrong section, like I said it's a pretty complicated case we have here.

Thanks!

If you are planning to continue to reside outside of the US, you will probably loose PR status, if you haven't already. You can loose it if your permanent address is considered to be outside of the US. If all you are going to do is visit, you would apply for a tourist visa. I'm not really sure how previously having PR status will complicate that process. It will no doubt come into consideration.

[Indo_mommy 0]

If you are planning to continue to reside outside of the US, you will probably loose PR status, if you haven't already. You can loose it if your permanent address is considered to be outside of the US. If all you are going to do is visit, you would apply for a tourist visa. I'm not really sure how previously having PR status will complicate that process. It will no doubt come into consideration.

Thank you for your reply. Yes, we're planning on staying in Jakarta indefinitely so I know chances are I won't be able to keep my status in the US. Will probably have to call the US Embassy here and ask, if I can pass the sometimes-not-so-friendly-Indo-staff LOL. Thanks again!

[Rongko 0]

Hi, just want to share a bit.

My dad used to have GC , and then he voluntarily gave up his GC because he resides permanently in Indonesia and can't visit the US every 6 months. Every now and then , he came to the US with tourist visa with no problem. Not sure if any question about PR was asked, but one thing for sure, he was always able to obtain one.

[Darnell 8,478]

when / if you two are ready to move back to USA, file a I-130 via DCF in Jakarta at the USEM there. You'll be granted an IR-1 (10 year card ) then.

For now, to jump back and forth with tourist visa, you should be ok - just file at Jakarta - make sure the IO knows you have strong ties to return to Indonesia.

Good Luck !

[Indo_mommy 0]

Hi, just want to share a bit.

My dad used to have GC , and then he voluntarily gave up his GC because he resides permanently in Indonesia and can't visit the US every 6 months. Every now and then , he came to the US with tourist visa with no problem. Not sure if any question about PR was asked, but one thing for sure, he was always able to obtain one.

Thanks for sharing your dad's experience. I hope they won't give me a hard time if and when I do apply for a tourist visa.

[Indo_mommy 0]

when / if you two are ready to move back to USA, file a I-130 via DCF in Jakarta at the USEM there. You'll be granted an IR-1 (10 year card ) then.

For now, to jump back and forth with tourist visa, you should be ok - just file at Jakarta - make sure the IO knows you have strong ties to return to Indonesia.

Good Luck !

That's what I heard too that we can apply for DCF. Do you know if I have to turn in the expired GC? I still carried it with me since it reminded me of so many things LOL.

Thanks for your answer and I wish you luck for you CR1 journey