removing the condition status in my GC

[kathony 0]

Hi to everyone here!

I am married to an american citizen and had my conditional GC year 2010 i did flew and resided to the U.S for straight 2 years and it was an awesome feeling bcoz I am with my husband. but unfortunately bcoz my GC is conditional and only good for 2years we decided I need to go back to my country before my GC expired and also I dont wanna stay there and have a bad record so I went back to my country even though i didnt want to go back... we failed to file the application for removing the condition status in my GC within the given 90days bcoz of financial problem. I flew back to the Philippines last 22 october 2012 that was like 9-10 days before my GC expires. and then last may 2013 we finally send out our application for removing the conditional status in my GC and my husband did received a letter stating that they returning the application back to us due to not sending the exact fee amount coz my husband send a money order for the application fees exceeding only a dollar so my husband send it back to the service center with the exact amount and after that we didnt received anything back from them yet until now..so we're thinking it is a good thing bcoz this only means that we did send out the right application and the exact amount...Now ive been out of the U.S for 11months now and was wondering if should I apply for a transportation letter for me to be able to go back to the united states with an expired visa since my I-751 application is being processed now...Please anyone there who could help me what to do I need your help....Thank you in advance....I really need to go back to be with my husband....Please anyone!

[AnotherLostSoul 167]

I am not sure I understand you correctly. But usually when one files for ROC they get an extension letter that extends their permanent resident status by an additional year (since they don't know how long your ROC process will take). So, if your husband gets it over the mail, he could mail it to you to your home country and you can go with that back to the United States holding it in your hand, along with your expired green card. But maybe my answer is incorrect...I don't fully understand what is your point. Sorry about that. All the best!

[milimelo 4,494]

If husband sent the right amount the second time he should've received a Notice of Action (I-797C) saying they accepted the petition. That notice would've extended your green card for another year. Now given that you sent this over 6 months after the expiration of your green card, they may have taken the money and denied the application. Have your husband check on that.

Last resort - husband will have to send a new I-130 for you and you have to go the immigrant visa route again. Good news - it will be a 10-yr green card upon arrival to the US so no ROC to worry about.

[Cheezees 1,514]

I am not sure what your question is. So, did you leave the country for almost a year and did you apply for permanent residency during the time you were not even present in the US? If the answer to both is yes, then I can see them denying your case since you do not even meet the physical presence standards for residency.

If I understand you correctly, both you and your husband have not taken your green card renewal seriously. Moving to another country, filing months late, and not submitting the proper fee all show that you are really unprepared and have not taken a good look at the requirements.

Perhaps your husband will have to refile for another 2 year green card for you. Please keep in mind that the condition does not mean that after 2 years, you need to leave the US. It means you file the necessary paperwork in the 90 day period.

[newacct 688]

Perhaps your husband will have to refile for another 2 year green card for you.

Well, if they file for a new green card now, they will get the non-conditional one.

Edited September 8, 2013 by newacct

[Cheezees 1,514]

You are right. Since they are married for more than 2 years, it will be the 10 year green card.

[kathony 0]

Thank you to everyone who did response and gave their advice... here's the thing me and my husband got married year 2008 and then we filed for GC good for 2years(conditional status) I received my visa year 2010 and flew to the US that same year... while in US I got my LPR card(conditonal) and yes unfortunately we did failed to file the I-751 (Petition to Remove Conditional Status of my Greencard) during that 90 day period (financial problems) couldnt afford it that time so when it was already passed that window period and my GC(conditional) is about to expire( 31 october 2012) and afraid of having a bad record to the immigration system and the possibility to be deported I decided to go back to my home country (22 october 2012) before my GC get expires... last May this year(2013) we filed the I-751 and got it back around June due to not sending the right amount( unexact amount) then my husband send it right back to the USCIS with the right and exact amount and we still havent recieved any NOA or receipt from them... was wondering what's taking it so long for them to send a letter stating that they received and accepted the application/petition.... now my situation is bcoz i flew back to my country and iv been back here for 11months now is there any possible an easy way I can go back to the US? What should I do to go back stateside? Should I file for a Transportation letter for me to go back to the US with an expired visa? I know I shouldve'nt left US,,, I honestly didnt want to but at the same time my family back here needs me too... Please anyone out there that knows what i should do to be able to go back to be with my husband............ THANK YOU IN ADVANCE ....GOD BLESS each and everyone..!

[Asia 2,498]

But you were told already that you can't ROC from outside of the US.

[newacct 688]

But you were told already that you can't ROC from outside of the US.

Where does it say that you can't do ROC outside the U.S.?

[Navyk 78]

Where does it say that you can't do ROC outside the U.S.?

I-751 has provision to file from outside US for those who reside oversees pursuant to military or Government order.

[ALJERENCE32549 0]

I-751 has provision to file from outside US for those who reside oversees pursuant to military or Government order.

That is ONLY when she's doing some military stuff or the government giving her some order to go there in the Philippines. As what i read on her message, she go back to the Philippines due to lack of financial support. American Embassy is so strict regarding this matter, and your reason is invalid too. For me, it is very wrong move my dear. I guess you need to start all over again,.. (correct me if i'm wrong).

[BigDaddy28 228]

Thank you to everyone who did response and gave their advice... here's the thing me and my husband got married year 2008 and then we filed for GC good for 2years(conditional status) I received my visa year 2010 and flew to the US that same year... while in US I got my LPR card(conditonal) and yes unfortunately we did failed to file the I-751 (Petition to Remove Conditional Status of my Greencard) during that 90 day period (financial problems) couldnt afford it that time so when it was already passed that window period and my GC(conditional) is about to expire( 31 october 2012) and afraid of having a bad record to the immigration system and the possibility to be deported I decided to go back to my home country (22 october 2012) before my GC get expires... last May this year(2013) we filed the I-751 and got it back around June due to not sending the right amount( unexact amount) then my husband send it right back to the USCIS with the right and exact amount and we still havent recieved any NOA or receipt from them... was wondering what's taking it so long for them to send a letter stating that they received and accepted the application/petition.... now my situation is bcoz i flew back to my country and iv been back here for 11months now is there any possible an easy way I can go back to the US? What should I do to go back stateside? Should I file for a Transportation letter for me to go back to the US with an expired visa? I know I shouldve'nt left US,,, I honestly didnt want to but at the same time my family back here needs me too... Please anyone out there that knows what i should do to be able to go back to be with my husband............ THANK YOU IN ADVANCE ....GOD BLESS each and everyone..!

I don't know if they will accept your ROC application, but if you filed last may you shouldve recieved an extension letter and a biometric letter by now. I would ask your husband to call 1800 number and ask what's going on, go to USCIS office, call congressman, and maybe ask a lawyer. (not all of them whichever you feel helps the most)

But you might have to start all over again from scratch, apply for AOS again (not sure but possible)

[christeen 966]

At this point, I believe you will have to apply for the IR1 spousal visa, not AOS as I unfortunatly, think that ship has already sailed... You should have your hubby call and check, but I think they have accepted your application and will deny based on the fact you are not in country, too much time elapsed between expiration anf filing so it will be assumed that you abandoned your 2 year GC when you went back home. But have him make a infopass appt or call and find out if you need to start over...

[VanessaTony 3,567]

Your ROC will be denied because "not having enough money" is not a valid reason to file late. There is a fee waiver that you could have filed. If you haven't heard by now, then I wouldn't expect to hear at all. You haven't done biometrics or anything.

The only way for you to return is for your husband to file an I-130 for you to get an IR-1 visa.

[kathony 0]

hello i would like to ask for your help and opinion/suggestions what's the best thing i need to do to be able to fly back to the US... like i have said before we filed for I-751(first attempt) and we did received a letter stating that we need to resend the appropriate fees and so we did (that's around JUne) afterwards we didn't received anything back from them (USCIS) now we decided to pay another $590 for the I-751 ($505 and then $85 for biometrics fee) we send that application I-751 (2nd attempt) of this month September 10,2013 and we also attached that form they called e-Notification (G-1145) that once they have accepted the package/application they will gonna send me an email that display the receipt number (which I badly need right now) and i read on that form that it'll only took 24 hours for them to send me an email and/or text msgs with the receipt number but until now I havent gotten anything yet... I really dont know what to do now Im getting crazy insane overthinking this stuff just bcoz I really really need to go back to be with my husband specially now that he need me so bad as well... Please tell me what to do? Actually I am only waiting for that receipt number from the USCIS or any letter just for them confirming that they have recieved the application and it is being process now coz once i have that I can go ahead apply for that transportation letter and once the transportation letter is approved i can go ahead and fly back to the states. meaning to say that confirmation/receipt number from the uscis and confirmation of my return ticket to the states is the only thing i need as 2 of my requirements for that transportation letter.... Thank you in advance and please your help will be truly and greatly appreciated.....