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Stone_rolling

Reentry permit (i-131) filing outside US

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Hi, currently I am outside of US. I left US on May 17.
I have once got a reentry permit and it expired a month ago, April.

I am going to apply for it again in August, but I will still be in Korea.

Here goes my plan.

- I sent my i-131 documents to my son, which is staying in US.

- My son mails it to USCIS for filing. (August)

- I come back to US for biometrics if its schedule is issued. (either August or September)

 

My question is, "Can I file for i-131 when I am physically not present in US? But to USCIS, I may look like I am physically there because my son will mail it in US. Will they check my presence, too?"

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Posted (edited)
7 minutes ago, Stone_rolling said:

Hi, currently I am outside of US. I left US on May 17.
I have once got a reentry permit and it expired a month ago, April.

I am going to apply for it again in August, but I will still be in Korea.

Here goes my plan.

- I sent my i-131 documents to my son, which is staying in US.

- My son mails it to USCIS for filing. (August)

- I come back to US for biometrics if its schedule is issued. (either August or September)

 

My question is, "Can I file for i-131 when I am physically not present in US? But to USCIS, I may look like I am physically there because my son will mail it in US. Will they check my presence, too?"

Your question is : Can I lie to USCIS and false claim that I still am in the US when I'm not. 

Edited by Roel

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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The I-131 instructions clearly state that you must be in the US when you apply for a re-entry permit.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Posted (edited)
6 minutes ago, Stone_rolling said:

Roel, I am not going to lie or claim anything.

I am just asking if it may work because I have ever seen such way of avoiding visiting US just for filing i-131.

https://www.uscis.gov/system/files_force/files/form/i-131instr.pdf

" If you are in the United States as a lawful permanent resident or conditional permanent resident, you may apply for a Reentry Permit. You must be physically present in the United States when you file the Reentry Permit application and complete the biometrics services requirement. "

 

The only way you could do attempt your plan would be to lie to USCIS.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Big risk, they Know if you are in the country or not. Back in the day, maybe not, but everything is electronic now. They can see entry, exit, just about anywhere you go ( other than a few countries that don't do well with the United States, but usually you don't want to go there). I think it isn't worth the risk. You said you were going to come back for biometrics anyway, so why not just come back and file? Not sure how long a reentry permit takes, but since you just got one, the second could be denied, and with your plan if it is denied, you are out of the country with no way to get back in. I think that will be the end of your US immigration journey.

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Loren, thanks a lot for your comments.

 

First, it usually takes 2~6 weeks to get the date of biometrics since the receipt of i-131.

But I cannot stay so long after the entrance to US for filing.

That is why I want to minimize trips for the whole process of i-131.

 

Second, I am not sure at all, but my second i-131 may not be denied because I have quite a good reason.

Besides, I will enter the US no later than 6 months since my last trip in May to make sure that my entrance can be admitted without any serious issue.

 

But following your comments, I had better change my plan as follows,

 

- File i-131 in Guam (much closer than the US continent)

- Back to Korea and wait/get the biometrics date

- Come back to California for biometrics

 

The above plan must be most effective for me under the current situation of mine.

 

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You're suppose to be living in the US and you barely want to visit. What's your reason for staying away so long? That's going to be important also. 


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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Roel, sure!

I have a corporation and a house in US.

I will come back to US as soon as I finish my work here in Asia.

Until then, I must spend much of my time out of US. However, I will maintain my LPR so that I can finally apply for naturalization.

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5 hours ago, Stone_rolling said:

- File i-131 in Guam (much closer than the US continent)

- Back to Korea and wait/get the biometrics date

- Come back to California for biometrics

This can work.

 

1 hour ago, Stone_rolling said:

Until then, I must spend much of my time out of US. However, I will maintain my LPR so that I can finally apply for naturalization.

Just note that continuous residence will be broken so the naturalization clock basically resets once you return.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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8 hours ago, geowrian said:

This can work.

 

Just note that continuous residence will be broken so the naturalization clock basically resets once you return.

I appreciate your comments.

 

Yes, I have to start again from scratch.

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