Jump to content
Sign in to follow this  
Craneman

Staying out of country after Greencard exspiration.

9 posts in this topic

Recommended Posts

Do not know if anyone one here can help but;

My wife, entered the U.S Oct 2008 married Nov 2008, reecieved her 2 year greencard April 4, 2009.

She went back to Brasil in September 2010 to visit. Her mother became ill and she stayed to take care of her mother.

She also contracted Dange fever and wound up staying for an extended period, she is still in Brasil and her 2 year greencard expired April 4, 2011.

Not knowing when she would be able to return we did not file for her AOS, 10 year Greencard.

My question is, do I file for her a new visa or is it still possible to file for her AOS, 10 year greencard.

Share this post


Link to post
Share on other sites

By AOS, did you mean ROC = removal of conditions from a 2 year GC to obtain 10 year GC?

I'd say file now with explanation (and ideally evidence) that your wife was gravely sick and thus unable to travel. They may take late filing if your excuse is compelling enough and you are within 60 days late.

Do not know if anyone one here can help but;

My wife, entered the U.S Oct 2008 married Nov 2008, reecieved her 2 year greencard April 4, 2009.

She went back to Brasil in September 2010 to visit. Her mother became ill and she stayed to take care of her mother.

She also contracted Dange fever and wound up staying for an extended period, she is still in Brasil and her 2 year greencard expired April 4, 2011.

Not knowing when she would be able to return we did not file for her AOS, 10 year Greencard.

My question is, do I file for her a new visa or is it still possible to file for her AOS, 10 year greencard.


CR-1 Timeline

March'07 NOA1 date, case transferred to CSC

June'07 NOA2 per USCIS website!

Waiver I-751 timeline

July'09 Check cashed.

Jan'10 10 year GC received.

Share this post


Link to post
Share on other sites

Moving to removal of conditions forum.


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

Share this post


Link to post
Share on other sites

Do not know if anyone one here can help but;

My wife, entered the U.S Oct 2008 married Nov 2008, reecieved her 2 year greencard April 4, 2009.

She went back to Brasil in September 2010 to visit. Her mother became ill and she stayed to take care of her mother.

She also contracted Dange fever and wound up staying for an extended period, she is still in Brasil and her 2 year greencard expired April 4, 2011.

Not knowing when she would be able to return we did not file for her AOS, 10 year Greencard.

My question is, do I file for her a new visa or is it still possible to file for her AOS, 10 year greencard.

File the I-751 but be aware she is going to have be here to do the biometrics about 1 month after you file it. If she does not do the biometrics the petition will be denied. when you file it, you will get an NOA1 extending her current green card for 1 year and she will be able to come back

You will always be able to file an IR-1 petition (I-130) if it comes to that, she is still your wife and is always eligible for an IR-1.


VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Share this post


Link to post
Share on other sites

If your wife is still in Brazil, as you stated, then she can't use her expired Green Card anymore to enter the United States. She will have to apply for a "Returning Resident Visa," the SB-1, and according to your description, she should have no problems to get it.


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

Share this post


Link to post
Share on other sites

File the I-751 but be aware she is going to have be here to do the biometrics about 1 month after you file it. If she does not do the biometrics the petition will be denied. when you file it, you will get an NOA1 extending her current green card for 1 year and she will be able to come back

You will always be able to file an IR-1 petition (I-130) if it comes to that, she is still your wife and is always eligible for an IR-1.

The approved I-751 will allow her to enter the U.S. But the aielines will not allow her to board the plane withoout a travel letter from the U.S. Consulate.

Working through our State Senator;

We have gotten her I-751 approved, her Biometrics were taken at the Rio Consulate and have been mailed to me.

I will send them directly to the supervior at the service center for processing.

Initially I was told that we could not submit an I-751 but would have to file an I-130.

Then was told to file the I-751 and she could use the approved I-751 to return, the airlines nixed this.

Then I was told she was to file for a travel letter which amounts to replacing a lost Green Card.

Then the Senators office called and said that they could do the fingerprints etc at the Rio consulate, which has been done.

Should recive her envelope with fingerprintts etc in the next couple days, to forward to the process center.

Hopefully will have her 10 year Green card in a couple weeks.

All of this not possible without the intervention of the Satae Senators office.

Started as a real catch 22.

Share this post


Link to post
Share on other sites

The approved I-751 will allow her to enter the U.S. But the aielines will not allow her to board the plane withoout a travel letter from the U.S. Consulate.

Working through our State Senator;

We have gotten her I-751 approved, her Biometrics were taken at the Rio Consulate and have been mailed to me.

I will send them directly to the supervior at the service center for processing.

I am sorry I am really perplexed now. The petition has been approved without your sending the Biometrics to the service center. Well, I do not understand, but, I am glad everything is working out well for you and your spouse.

Let us know when she enters the country

Fingers crossed for you, guys

Share this post


Link to post
Share on other sites

I am sorry I am really perplexed now. The petition has been approved without your sending the Biometrics to the service center. Well, I do not understand, but, I am glad everything is working out well for you and your spouse.

Let us know when she enters the country

Fingers crossed for you, guys

His post states that his wife had her biometrics taken and sent to him in the US then he mailed it to the service center. It was approved WITH the biometrics.


-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

Share this post


Link to post
Share on other sites

Cool - sounds like it's all sorted now, yes?


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 !

2mzcunl.gif

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×