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californiaBELLE

going abroad on military orders

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Filed: Timeline

hi everyone! i have a problem. i got my green card weeks ago, and im going to travel outside of the country. my husband is stationed in italy (airforce), and i have the approved command sponsorship. we will be staying in italy for 2 years. my question is, do i need to apply for re-entry permit? isnt bein on military orders and on base considered US soil? i am leaving on thursday so i really need your help. if anyone knows please let me know thank you

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hi everyone! i have a problem. i got my green card weeks ago, and im going to travel outside of the country. my husband is stationed in italy (airforce), and i have the approved command sponsorship. we will be staying in italy for 2 years. my question is, do i need to apply for re-entry permit? isnt bein on military orders and on base considered US soil? i am leaving on thursday so i really need your help. if anyone knows please let me know thank you

SInce you're on military orders with your husband, when you get to Italy see about getting expedited citizenship - naturalization based on 319(b) - there will be people on the base who can help you with this.


ROC 2009
Naturalization 2010

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Filed: Lift. Cond. (pnd) Country: Japan
Timeline

hi everyone! i have a problem. i got my green card weeks ago, and im going to travel outside of the country. my husband is stationed in italy (airforce), and i have the approved command sponsorship. we will be staying in italy for 2 years. my question is, do i need to apply for re-entry permit? isnt bein on military orders and on base considered US soil? i am leaving on thursday so i really need your help. if anyone knows please let me know thank you

Also you might want to check into the "re-entry permit":

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

I would call USCIS and explain the situation (about US husband in the military being stationed overseas accompanied) and ask if a "Travel Document" is necessary for you to not lose your LPR status.

Here's a link to the PDF titled "How Do I Get A Reentry Permit".

http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Resources-3rd%20level/How%20Do%20I%20Guides/B5en.pdf

Always error on the side of "it's necessary" until you're told it's not, and always ask for a reference, something published by the US Government if you're told it's not necessary due to military orders.

Hope this helps!

Mike


Relationship Timeline:

07/19/2003 - Met here in the US and just clicked

05/2004 through 08/2009 - many trips back and forth by both of us, phone calls, care packages, etc.

02/14/2008 - Engaged (she was here in the US for Valentines Day so I figured make it official :))

11/21/2009 - Married with a few friends and some family in attendence.

CR1 Timeline:

01/12/2010 - I-130 Packet Sent

<interviening stuff deleted as signature is finite in length>

08/30/2010 - Interview completed, visa granted.

08/31/2010 - Visa in hand!

09/07/2010 - Arriving Seattle.

09/17/2010 - Received SSN.

10/01/2010 - Received green card.

Removal of Conditions:

06/06/2012 - Mailed I-751

06/12/2012 - Got back I-751 as "too early"

06/13/2012 - Re-mailed I-751

06/18/2012 - NOA1

07/13/2012 - Biometrics Appointment letter received (scheduled for 08/06/2012)

08/06/2012 - Biometrics completed.

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Filed: Lift. Cond. (pnd) Country: Japan
Timeline

Also you might want to check into the "re-entry permit":

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

I would call USCIS and explain the situation (about US husband in the military being stationed overseas accompanied) and ask if a "Travel Document" is necessary for you to not lose your LPR status.

Here's a link to the PDF titled "How Do I Get A Reentry Permit".

http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Resources-3rd%20level/How%20Do%20I%20Guides/B5en.pdf

I should note that I just got done reading the PDF for the I-131 form and while it doesn't state that a re-entry permit is necessary for someone who is traveling overseas by order of the US Government, it does have a section on expiration dates for people who are traveling overseas by order of the US Government. So by inference, yes, a re-entry permit is necessary for you.

That said, the PDF also indicates that you can file the form electronically, however these should be noted:

I am a LPR and need to travel abroad. Can I file my Form I-131 to get a reentry permit while I am outside the United States?

No. You cannot file a Form I-131 to obtain a reentry permit unless you are physically present in the United States when you file the form. You should file your Form I-131 no fewer than 60 days before you intend to travel abroad.

If I file Form I-131 to get a reentry permit while I am in the United States, will USCIS deny the Form I-131 if I leave the United States while the form is still pending?

We recommend that you file Form I-131 while you are in the United States. However, you do not have to be in the United States for USCIS to approve your Form I-131 and issue a reentry permit to you if your biometrics have been obtained. You can indicate on your Form I-131 that you want USCIS to send your reentry permit to a U.S. Embassy, or consulate, or a DHS office overseas, so you can pick it up from one of those facilities.

If I file Form I-131 for a reentry permit while I am in the United States, can I submit my biometrics while I am outside the United States?

No. When you file your Form I-131 to obtain a reentry permit, USCIS will notify you when to appear at a designated Application Support Center (ASC) to obtain your biometrics. You must provide your biometrics at the ASC while you are in the United States. If you leave the United States before you provide your biometrics, USCIS may deny your application.

This means you may need to delay your departure and join your husband overseas if you don't want to do as mimimelo suggested and try for an expedited US citizenship while overseas with your husband.

Mike


Relationship Timeline:

07/19/2003 - Met here in the US and just clicked

05/2004 through 08/2009 - many trips back and forth by both of us, phone calls, care packages, etc.

02/14/2008 - Engaged (she was here in the US for Valentines Day so I figured make it official :))

11/21/2009 - Married with a few friends and some family in attendence.

CR1 Timeline:

01/12/2010 - I-130 Packet Sent

<interviening stuff deleted as signature is finite in length>

08/30/2010 - Interview completed, visa granted.

08/31/2010 - Visa in hand!

09/07/2010 - Arriving Seattle.

09/17/2010 - Received SSN.

10/01/2010 - Received green card.

Removal of Conditions:

06/06/2012 - Mailed I-751

06/12/2012 - Got back I-751 as "too early"

06/13/2012 - Re-mailed I-751

06/18/2012 - NOA1

07/13/2012 - Biometrics Appointment letter received (scheduled for 08/06/2012)

08/06/2012 - Biometrics completed.

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Filed: Timeline

I should note that I just got done reading the PDF for the I-131 form and while it doesn't state that a re-entry permit is necessary for someone who is traveling overseas by order of the US Government, it does have a section on expiration dates for people who are traveling overseas by order of the US Government. So by inference, yes, a re-entry permit is necessary for you.

That said, the PDF also indicates that you can file the form electronically, however these should be noted:

I am a LPR and need to travel abroad. Can I file my Form I-131 to get a reentry permit while I am outside the United States?

No. You cannot file a Form I-131 to obtain a reentry permit unless you are physically present in the United States when you file the form. You should file your Form I-131 no fewer than 60 days before you intend to travel abroad.

If I file Form I-131 to get a reentry permit while I am in the United States, will USCIS deny the Form I-131 if I leave the United States while the form is still pending?

We recommend that you file Form I-131 while you are in the United States. However, you do not have to be in the United States for USCIS to approve your Form I-131 and issue a reentry permit to you if your biometrics have been obtained. You can indicate on your Form I-131 that you want USCIS to send your reentry permit to a U.S. Embassy, or consulate, or a DHS office overseas, so you can pick it up from one of those facilities.

If I file Form I-131 for a reentry permit while I am in the United States, can I submit my biometrics while I am outside the United States?

No. When you file your Form I-131 to obtain a reentry permit, USCIS will notify you when to appear at a designated Application Support Center (ASC) to obtain your biometrics. You must provide your biometrics at the ASC while you are in the United States. If you leave the United States before you provide your biometrics, USCIS may deny your application.

This means you may need to delay your departure and join your husband overseas if you don't want to do as mimimelo suggested and try for an expedited US citizenship while overseas with your husband.

Mike

HI MIKE! I called the USCIS and i was able to talk to an immigration officer. He told me that I don't need the re-entry permit since I am travelling abroad on military orders. He just told me to always bring copy of my husband's orders all the time. But thank you for replying!

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Filed: Lift. Cond. (pnd) Country: Japan
Timeline

HI MIKE! I called the USCIS and i was able to talk to an immigration officer. He told me that I don't need the re-entry permit since I am travelling abroad on military orders. He just told me to always bring copy of my husband's orders all the time. But thank you for replying!

Excellent, so my initial advise of calling USCIS was the right advice. Glad that it's that easy! <grin>

Good luck and have fun over there! I understand the food and wine is great there in Italy, would love to go some time myself.

And tell your husband that I said "Semper Fi" from a US Marine veteran.

Mike


Relationship Timeline:

07/19/2003 - Met here in the US and just clicked

05/2004 through 08/2009 - many trips back and forth by both of us, phone calls, care packages, etc.

02/14/2008 - Engaged (she was here in the US for Valentines Day so I figured make it official :))

11/21/2009 - Married with a few friends and some family in attendence.

CR1 Timeline:

01/12/2010 - I-130 Packet Sent

<interviening stuff deleted as signature is finite in length>

08/30/2010 - Interview completed, visa granted.

08/31/2010 - Visa in hand!

09/07/2010 - Arriving Seattle.

09/17/2010 - Received SSN.

10/01/2010 - Received green card.

Removal of Conditions:

06/06/2012 - Mailed I-751

06/12/2012 - Got back I-751 as "too early"

06/13/2012 - Re-mailed I-751

06/18/2012 - NOA1

07/13/2012 - Biometrics Appointment letter received (scheduled for 08/06/2012)

08/06/2012 - Biometrics completed.

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