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Will this work? - File I-751→ leave US→get NOA in the foreign county→enter us with expired GC and NOA

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Hello!

I always appreciate all helpful advices in VJ! I have a question about an oversea trip during the process of Green Card Renewal (removing condition on my 2 year Green Card.) I have read other posts and they were all helpful. But I did not see any situation that I am in and wondering if I could do this. Please let me know what you all think!

I have upcoming travel to Japan from US. Here is my back ground…

  • I am married to an American citizen, and I have conditional (2 years) Green Card expiring 3/7/15
  • I am planning go back to my country, Japan, to have a baby. The trip will be 12/25 – 3/20. My due date is 1/25/15.
  • My husband will visit to Japan 1/20 – 2/20.

I have learned….

  • I can file I-751 starting 12/7/14 (90 days before expiration date)
  • As long as I have NOA, I will be able to enter US without problem since the letter extends my Green Card for 1 year
  • It takes 2-4 weeks to receive NOA

My question is…. Will this process work???

  1. I file I-751 (12/7) before the trip then leave to Japan (12/25)
  2. My husband gets NOA from USCIS sometime in Dec or beginning of Jan
  3. He visits me in Japan. He brings the NOA with him and gives it to me. (1/20)
  4. I gave a birth (1/25)
  5. He goes bank to US (2/20)
  6. I go back to the US with my baby with expired Green Card and NOA (3/20)

Will I have any problem with this process? Also, what if we don’t get the NOA on time for some reason? Will I not be able to enter US?

Please help me and I appreciate any advice!

Thank you all!

Amy

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At some point you may be required to do biometrics. Based on your timeline, you most likely will be out of the country. If you fail to show up to your appointment, you could possibly be denied.

You could file a month or so before your GC expires, that way you'll be back in the country to continue with the process.

Edited by Newbie608

AOS from F-1(Married to USC
06.08.12 - AOS mailed
09.18.12 - Interview.....Approved!!

ROC- Divorce Waiver
05/09/14- I-751 packet mailed to CSC
05/12/14- NOA1 Receipt date
07/01/14- Biometrics Appt

08/11/14- RFE received

09/08/14- RFE response received by USCIS

09/22/14- 10yrs GC Approved!!

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Yes, I would have your package ready to go (signed!) and have your husband drop it in the mailbox when he gets back from his trip. The NOA should arrive soon after that and he can forward it to you via Priority Mail (which takes about 6-10 business days).

This is assuming you're comfortable with the risk that the NOA might get misplaced by USCIS. It doesn't happen often, but it does happen.


Day 0 - 2 May 2012 Mailed AOS package overnight delivery
Day 139 - 17 September 2012 Interview & APPROVED on the Spot!! :)
Day 145 - 23 September 2012 Received Green Card!

ROC - Eligible June 19 2014

Day 0 - 18 June 2014 Mailed ROC package via 2 day priority

Day 42 - 29 July 2014 Approval and Card Production Email

Day 49 - 5 August 2014 Received Green Card

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Probably worth noting that you would have to register your US/Japanese baby's birth abroad, which could take some time ... Although the baby would be able to acquire US citizenship through the US citizen parent, it's not a quick process. The baby may be denied entry to the U.S. since you would be entering with an intention to stay, unless you have a US passport for the kid, or other legal documentation proving the child is entitled to live in the U.S. too.

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thisamericanlife, that is a good point, and (not 100% sure, but) I believe both parents are required to be present for the passport application... I could be mistaken but that's something you should definitely check out. For the US, at least, you also need a letter from the father saying you can travel alone with the baby. That's easy to get, though.


Day 0 - 2 May 2012 Mailed AOS package overnight delivery
Day 139 - 17 September 2012 Interview & APPROVED on the Spot!! :)
Day 145 - 23 September 2012 Received Green Card!

ROC - Eligible June 19 2014

Day 0 - 18 June 2014 Mailed ROC package via 2 day priority

Day 42 - 29 July 2014 Approval and Card Production Email

Day 49 - 5 August 2014 Received Green Card

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It looks like it might be a messy process to get the child a passport, especially since the mother would not be a U.S. citizen at the time of birth. I'm not saying the child wouldn't be eligible for U.S. citizenship, but it will further complicate an already complicated scenario.

http://travel.state.gov/content/passports/english/abroad/events-and-records/birth.html

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Thank you guys for you advices! I totally missed Biometrics part. We will file it close to the expiration date. For baby's status, we will get both US and Japanese passports for our baby before leaving Japan. I will go to the consulate with my husband when he gets there so we can prove she is our baby and her dad is an American citizen. We can apply for SSN when we apply US passport, but it looks like SSN will take longer than passport. It is ok to enter US without SSN for baby as long as she has US passport right??


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Thank you guys for you advices! I totally missed Biometrics part. We will file it close to the expiration date. For baby's status, we will get both US and Japanese passports for our baby before leaving Japan. I will go to the consulate with my husband when he gets there so we can prove she is our baby and her dad is an American citizen. We can apply for SSN when we apply US passport, but it looks like SSN will take longer than passport. It is ok to enter US without SSN for baby as long as she has US passport right??

Yes, the baby could enter the US with a US passport. The child would not need a SSN to enter the country. Make sure the father takes his own US birth certificate and US passport to adequately prove he is a US citizen. Be prepared for every outcome. You may run into difficulties.

"A child born abroad to a U.S. citizen parent or parents may acquire U.S. citizenship at birth if certain statutory requirements are met. ... If the U.S. embassy or consulate determines that the child acquired U.S. citizenship at birth, a consular officer will approve the CRBA application and the Department of State will issue a CRBA, also called a Form FS-240, in the child’s name."

What you're doing seems really risky, to be honest ... You have to understand that while it may turn out absolutely fine, you also run the risk of jeopardizing both your residence status as well as your unborn child's should there be any complications.

I wouldn't do it myself, but kudos if you pull it off. Good luck!

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U.S. citizenship is conferred through the location of person’s birth, or through their parents citizenship status. If you were born in the United States, its territorial seas or Puerto Rico, Guam or the U.S. Virgin Islands, you are a U.S. citizen and your birth certificate is your proof of citizenship.

For persons born outside of those areas, your citizenship is conveyed at birth through your parents. Generally, although born abroad, you will be an U.S. citizen if:

  • Both parents are U.S. citizens at the time of your birth; and at least one of your parents lived in the United States at some point in their life.
  • One of your parents was a U.S. citizen when you born; that parent lived at least five (5) years in the United States before you were born; and at least two (2) of those years were after your citizen parent’s 14th birthday.

Take all the evidence you can!

I have read that some people have successfully brought back a baby born to a green card holder, but the wording indicated they were not a conditional resident and did not need to file the i-751 at that time, which is what complicates your situation.

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Yeah..... I know this is really risky.... we are not sure if we should do it. But there are a lot of plus side for doing this. My parents get to spend a lot of time with their first grandchild who they might not see for a long time once I go back to the US. I will get a lot of support from my family, and it's also cheaper doing this way than having a baby in the US in our current situation.

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Yeah..... I know this is really risky.... we are not sure if we should do it. But there are a lot of plus side for doing this. My parents get to spend a lot of time with their first grandchild who they might not see for a long time once I go back to the US. I will get a lot of support from my family, and it's also cheaper doing this way than having a baby in the US in our current situation.

Another question...!

Is there any way that I can file I-751 and get Biometrics at the US consulate in Japan?? Or does it have to be done by USCIS in the US?

1. I totally emphathize and understand. It's really unfortunate timing for you. I hope it works out for you, whichever route you go down.

2. No - I believe, unless you are on military orders, it has to be USCIS in the US. They make the appointment for you at the closest service center to your US home.

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Unless you are being induced, be aware babies don't necessarily arrive exactly on the due date. Some are early, some are late.


I can explain it to you. But I can't understand it for you.

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I noticed the 12/25 departure for a due date of 1/25... That seems to be risky no? Not sure of some airlines policies for boarding of pregnant women... And what if the baby is early?


10/14/2000 - Met Aboard a Cruise ship

06/14/2003 - Married Savona Italy

I-130

03/21/2009 - I-130 Mailed to Chicago lockbox

11-30-09: GOT GREEN CARD in mail!!!!!!

Citizenship Process;

1/11/2013: Mailed N400 to Dallas Texas

3/11/2013: interview.. Approved

4/4/2013. : Oath! Now a U.S. citizen!

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you are playing with "fire".,.,.,and you are going to get burned, forget this plan.,..,as you are going to surely fail!

Too many things aganist you, it is not even remotely possible this could go as you plan.,.,.,.,your plan will cause you great hardship, due to the reasons stated above!

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