Staying out of country after Greencard exspiration.

[Craneman 2]

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.

[rika60607 215]

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.

[milimelo 4,194]

Moving to removal of conditions forum.

[Gary and Alla 3,694]

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.

[Brother Hesekiel 2,235]

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.

[Craneman 2]

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.

[angus28 7]

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

[Inky 1,110]

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.

[Darnell 8,478]

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