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birdyconfused

Conditional GC Expired; Want to apply again

By birdyconfused in IR-1 / CR-1 Spouse Visa Process & Procedures

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birdyconfused Explorer

birdyconfused   0

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Hi folks

My 2 yrs conditional GC expired sometime ago. During those two years I stayed outside USA most of the time and it expired while I was overseas.

We are now considering applying for my immigration again in few months time and I am hoping that by the time it is approved my current contract would be over so that I'd be able to move to USA along with my wife.

Someone told me that there could be complications as I had not filed I-407 to surrender my conditional GC. My question is, are there any complication that I may run into when filing I-130 again and going to subsequent process of obtaining IR-1?

Best Regards

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Deputy Purple Experienced

Deputy Purple   1,294

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You may have been "Deported in Absentia". If so then you'll need to prove when you left the US so that USCIS knows you aren't guilty of unlawful presence.


Must have info for bringing your Philippine wife/fiancee's child to the US



A Good Example of why to NEVER use a Fixer in the Philippines

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Brother Hesekiel Mentor

Brother Hesekiel   2,235

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Other than that, no, you just start over with one difference: this time you will get an unconditional Green Card, valid for 10 years right from the start.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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mustafa1232 Collaborator

mustafa1232   3

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Hi folks

My 2 yrs conditional GC expired sometime ago. During those two years I stayed outside USA most of the time and it expired while I was overseas.

We are now considering applying for my immigration again in few months time and I am hoping that by the time it is approved my current contract would be over so that I'd be able to move to USA along with my wife.

Someone told me that there could be complications as I had not filed I-407 to surrender my conditional GC. My question is, are there any complication that I may run into when filing I-130 again and going to subsequent process of obtaining IR-1?

Best Regards

hi birthyconfused yes you are right there is a complication when you apply again for i-130 when you apply i-130 you need lots of proof and evidence for example you need solid evidence to prove because during your ir1 interview consular officer ask you a lot of question to prove why you dont go to usa so iam stronlgly suggest you when you filed i-130 again write a letter to uscis in detail with evidence and proof that the reasons behind my whole story what ever it is that why iam not going to usa

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Darnell Grand Master

Darnell   8,478

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This is a great question for NVC and DoS and USCIS hotlines - they can check the current status of YER status, tell you if you were 'deported in abscentia' or not. Call them all on Tuesday, note the timezone difference, blah blah, etc etc, they should have some answers for you on yer current 'status'.

If you were 'deported in abscentia', you'll need to ask for some waiver when the I-130 is filed - I assume you two will file an I-130 petition to US Embassy London via the Direct Consular Filing Process, aye?

Good Luck ! Hope it all works out, and quickly !! Not filing that form won't kill you, if you claim either 'ignorance' or 'overwhelming family and work issues' when filing for the waiver, if in fact you were 'deported in abscentia'.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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birdyconfused Explorer

birdyconfused   0

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You may have been "Deported in Absentia". If so then you'll need to prove when you left the US so that USCIS knows you aren't guilty of unlawful presence.

Thanks Bob and others :)

hmmm at what stage of application I might have to prove this; At petition stage or at visa stage?

to whom do I have to prove it to some court or consular officer??

what sort of documents I might show?

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Deputy Purple Experienced

Deputy Purple   1,294

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Thanks Bob and others :)

hmmm at what stage of application I might have to prove this; At petition stage or at visa stage?

to whom do I have to prove it to some court or consular officer??

what sort of documents I might show?

IIRC, the way it will work is that you'll be denied at the Interview as inadmissible and then have to submit a waiver (I-212 I believe). If you want to be ahead of the game you can contact an Immigration Lawyer once you know that you were indeed Deported in Absentia and try to have the deportation reversed by the time you get to the Interview stage.


Must have info for bringing your Philippine wife/fiancee's child to the US



A Good Example of why to NEVER use a Fixer in the Philippines

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birdyconfused Explorer

birdyconfused   0

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IIRC, the way it will work is that you'll be denied at the Interview as inadmissible and then have to submit a waiver (I-212 I believe). If you want to be ahead of the game you can contact an Immigration Lawyer once you know that you were indeed Deported in Absentia and try to have the deportation reversed by the time you get to the Interview stage.

thanks again

Are you suggesting that there would be no trouble at the I-130 petition stage (if there was any order of Deported in Absentia)?

Second, could this waiver be taken without having a lawyer to represent me?

Thanks

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Deputy Purple Experienced

Deputy Purple   1,294

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thanks again

Are you suggesting that there would be no trouble at the I-130 petition stage (if there was any order of Deported in Absentia)?

Second, could this waiver be taken without having a lawyer to represent me?

Thanks

At the I-130 petition all that is assessed is the petitioner's eligibility to petition the beneficiary which includes there being a petition-able relationship.

The Interview is the actual Visa Application where the beneficiaries admissibility is determined.

Yes, you are able to prepare a waiver letter yourself. I would recommend immigrate2.us as they are focused on waivers.

But, the first thing you need to do is call today and find-out if there is a Deportation to overcome. If not I would ask them about sending proof of your departure now as to prevent it from happening in the meantime.


Must have info for bringing your Philippine wife/fiancee's child to the US



A Good Example of why to NEVER use a Fixer in the Philippines

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Darnell Grand Master

Darnell   8,478

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hey ! Happy Federal Holiday Over !!!

What did NVC, USCSI and DoS Hotlines say ?

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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birdyconfused Explorer

birdyconfused   0

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At the I-130 petition all that is assessed is the petitioner's eligibility to petition the beneficiary which includes there being a petition-able relationship.

The Interview is the actual Visa Application where the beneficiaries admissibility is determined.

Thanks Bob that pretty much puts things in perspective.

Yes, you are able to prepare a waiver letter yourself. I would recommend immigrate2.us as they are focused on waivers.

Is it a site that you mentioned? well I tried the url doesn't work. Could you please post it again with rights spells if it's wrong.

Regards

hey ! Happy Federal Holiday Over !!!

What did NVC, USCSI and DoS Hotlines say ?

No I haven't called them yet. I will definitely post it if I find out anything. Thanks for you help though :)

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