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belgorod

Green card lost and expired while overseas...

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I have a complicated situation. My wife went to care for an ailing relative in Russia. She traveled with our son, born here in the U.S. (thus he is  an American citizen). She has been unable to think about returning until now, almost a year later. I've been visiting her and my son at every opportunity.

 

Her greencard expired in October of 2018, and it was lost in January. She is ready to come back now, and I am seeing my options: Filing an I-131A application for a travel document, or the SB-1 visa. I completed the I-131A form, but when I tried to pay the required fee online, the system told me they did not have a record of her Alien registration number, or anything else. The only proof she has that she was a LPR is the original IR visa in her passport.

 

Anyone have any opinions about my options? Should I just file for another immigrant visa using the I-130 form? Does the fact that her son (and mine) is an American citizen change this situation in any way?

 

Thanks in advance.

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Did she have a CR1 or an IR1?  How long were you married before the original visa was used for initial entry?  Did you guys have to remove conditions on her residency?


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Posted (edited)
39 minutes ago, belgorod said:

Does the fact that her son (and mine) is an American citizen change this situation in any way?

Only benefit to the child being a USC, is that the child can return to the US with you at any time.  Other than that, will not change her situation in any way.

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

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Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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26 minutes ago, NikLR said:

Did she have a CR1 or an IR1?  How long were you married before the original visa was used for initial entry?  Did you guys have to remove conditions on her residency?

She had a two year green card and we did not apply for removal of conditions before she left. Her original intention was to return after only a month, but that turned out to be impossible. We were married for 10 months before she arrived in America on an immigrant visa.

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30 minutes ago, NikLR said:

Did she have a CR1 or an IR1?  How long were you married before the original visa was used for initial entry?  Did you guys have to remove conditions on her residency?

It was CR 1, a two year green card. We did not apply for removal of conditions. I think that makes her ineligible for an SB-1 visa, yes?

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31 minutes ago, belgorod said:

It was CR 1, a two year green card. We did not apply for removal of conditions. I think that makes her ineligible for an SB-1 visa, yes?

I think you are going to have to apply for IR 1 again. 

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Can't apply for I-131 since she already left the US.   Could be able to apply for SB-1, otherwise it is I-130 time again.


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9 hours ago, belgorod said:

It was CR 1, a two year green card. We did not apply for removal of conditions. I think that makes her ineligible for an SB-1 visa, yes?

Your best bet money wise imo would be to start over because you didnt remove conditions.  Her a# is on the original visa and she can can call the USCIS to inquire on her status.  You could try for the SB1 but i think it will be denied so dont waste time or money.    At least this time she will get an IR1 visa so the 10 year card. 


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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18 hours ago, belgorod said:

I have a complicated situation. My wife went to care for an ailing relative in Russia. She traveled with our son, born here in the U.S. (thus he is  an American citizen). She has been unable to think about returning until now, almost a year later. I've been visiting her and my son at every opportunity.

 

Her greencard expired in October of 2018, and it was lost in January. She is ready to come back now, and I am seeing my options: Filing an I-131A application for a travel document, or the SB-1 visa. I completed the I-131A form, but when I tried to pay the required fee online, the system told me they did not have a record of her Alien registration number, or anything else. The only proof she has that she was a LPR is the original IR visa in her passport.

 

Anyone have any opinions about my options? Should I just file for another immigrant visa using the I-130 form? Does the fact that her son (and mine) is an American citizen change this situation in any way?

 

Thanks in advance.

I would call the embassy in Russia and explain your situation to them. Having an expired green card while overseas might (high chance might) cancel her permanent residence status. I don't know if the embassy will have some leniency towards her situation since it was a medical situation and she didn't have the intention to abandon her green card when she first traveled. The embassy will be able to tell you whether a return visa is the way to go or if you have to file again and restart. 

I have a feeling it will be the later but I could be wrong. 

 

Good luck. 

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Posted (edited)
13 minutes ago, BigDaddy28 said:

I would call the embassy in Russia and explain your situation to them. Having an expired green card while overseas might (high chance might) cancel her permanent residence status. I don't know if the embassy will have some leniency towards her situation since it was a medical situation and she didn't have the intention to abandon her green card when she first traveled. The embassy will be able to tell you whether a return visa is the way to go or if you have to file again and restart. 

I have a feeling it will be the later but I could be wrong. 

 

Good luck. 

Unless it was her or her son's medical issue where they physically were unable to leave, there's no reason why she couldn't come back or file for removal of conditions. I understand otherwise and if my parents or siblings were sick, I would not want to leave them either.  I sympathize and empathize with the emotional side.  However, the USCIS and DOS do not and their rules are more strict and hard.

There are two factors here; lack or removal of conditions AND an expired card.  

She's 8 months past the filing date for ROC and has been out of the USA for 1 year.  

 

Edited by NikLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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She could try to file an I-751 to remove conditions and use the extension letter to get a stamp?  I think that might be a long shot though since she's currently out of the country and has been for so long.  

 

If I were you, I would consult an attorney at this point, as you're not in DIY territory anymore.


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My assumption would be that the best bet would be an IR1, please let us know how things go.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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49 minutes ago, AstroCanada said:

She could try to file an I-751 to remove conditions and use the extension letter to get a stamp?  I think that might be a long shot though since she's currently out of the country and has been for so long.  

 

If I were you, I would consult an attorney at this point, as you're not in DIY territory anymore.

I don't think you can ROC from outside of the US.

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Posted (edited)
23 hours ago, belgorod said:

I have a complicated situation. My wife went to care for an ailing relative in Russia. She traveled with our son, born here in the U.S. (thus he is  an American citizen). She has been unable to think about returning until now, almost a year later. I've been visiting her and my son at every opportunity.

 

Her greencard expired in October of 2018, and it was lost in January. She is ready to come back now, and I am seeing my options: Filing an I-131A application for a travel document, or the SB-1 visa. I completed the I-131A form, but when I tried to pay the required fee online, the system told me they did not have a record of her Alien registration number, or anything else. The only proof she has that she was a LPR is the original IR visa in her passport.

 

Anyone have any opinions about my options? Should I just file for another immigrant visa using the I-130 form? Does the fact that her son (and mine) is an American citizen change this situation in any way?

 

Thanks in advance.

The travel document has to be applied for before the immigrant leaves and she has to be in the US to apply for it.  Requires biometrics.

She is a perfect candidate for SB1 however by not removing conditions I believe she has lost her status in the US.

 

Even if you had filed to remove conditions when required and received an extension letter she would definitely and easily qualify for SB1.

 

I am not aware of any choice you have but to file a new petition for a new PR card and start over.  I could be wrong.

 

Edited by Nitas_man

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