Greencard after the marriage

[channie14 1]

I have married my US citizen husband and had my first Greencard issued which was valid for two years. My Greencard expires October 25 and I need to put in my renewal docs to receive my ten year Greencard. My question is; i returned to my home country of Australia in February to spend extended time with my family. I was due to return to the US in 4 weeks but my father has passed away suddenly and under the circumstances I'm just not ready to leave my family yet. Can I apply to renew the Greencard while I'm in my home country or I have to be on the US to do that? Any info is appreciated. Thank you.

[Penguin_ie 5,986]

**** Moving from K1 to Removal of Conditions forum ******

You can send the paperwork from abroad, but you will need to be in the USA for biometrics and in case they ask for an interview.

[arken 4,197]

Since you said you were given 2 year GC, I believe you will not be applying for renewal of your current green card but for the removal of conditions on your green card to get the permanent residence status (green card with 10 years validity) which means you have to provide lots of documents proving that you are maintaining good marital relationship with your husband and you two are living together most of the time. You can provide a reason of your stay in Australia (your father's death ) in your application, but not sure if the USCIS officer sees the same way (the necessity of staying for more than 6 months) since it's been already 6 months you are out of US.

I would suggest you come back and apply from US while you are with your husband so that you will have lots of evidence to remove the condition on your GC. If USCIS asks for your biometrics and interview, you have to be in US anyway.

[Russ&Caro 1,548]

Condolences on the loss of your father. I wish you peace during your grieving and hope you have no problems with this immigration process.

[Darnell 8,478]

i suggest you apply soon but have your husband meticulously go over the list that your using, gleaned from VJ, about what to submit.

your location not matter.

your time outside of the USA, otoh, does.

[SweetDelish 38]

Not all information is clear here, sorry Channie if I'm overstepping and offering too much info, I'm coincidentally about to apply for my ROC too so I'm in here browsing.

Your husband, has visited you in Australia during your stay, right? you also had another baby (with your husband) while you were in Australia. right? That can be used, as evidence of maintaining a marriage while out of the country, and perhaps a ticket home, so thats not too much of a concern assuming thats sufficient evidence, but yes, being in the US for your biometrics, is necessary, that would take a month or so I imagine.

ETA - condolences, about your Dad, I'm so very sorry, but I'm glad you got to spend time with him before he passed.

Edited July 28, 2015 by SweetDelish

[Darnell 8,478]

RoC mostly about co-mingling of finances, proof of - so bear that in mind when you prepare the list to give over to your husband.