I-751 while living in France

[lisabird 0]

Hi everyone,

 

I am a US citizen and we obtained the conditional green card for my husband back in January 2018.

At the time we were both living in France and still are (civilian, not military or anything like that). We were hoping to get a job in the US, but it hasn't happened.

We've been traveling back to the US every 6 months for vacation (sometimes just vacation, sometimes vacation & interviews).

My husband has also traveled back twice on his own for onsite interviews.

I know we are not in a good position right now for the green card renewal because we are still in France.

I'm still hoping that the fact he has genuinely searched for a job and gotten 4-5 onsite interviews will demonstrate our willingness to move there (which is real, just not without a job :( )

He works in the IT sector, so odds are that eventually he will find a job, we just don't know how much time it will take...

We both have bank accounts in the US and active credit cards.

Any advice on explanations & attachments we should make for our case to be stronger?

 

Also, I've started looking at what we need to do for I-751 to be ready for October when the 90-day period starts running.

The instructions say that for permanent residents living overseas ("Those who reside overseas pursuant to military or government orders, including conditional resident dependents residing overseas") need to attach a FD-258 form and that " The fingerprint cards must be prepared by a U.S. Embassy or U.S. Consulate, USCIS Office, or U.S. military installation" . The French US embassy website says they don't fingerprint anymore and redirects me towards Fingerprints Paris website.

It's not really clear to me whether we are expected to attach the FD-258 form, since we reside overseas, but not on military duty. And if so, if going through this entity is admissible.

Worst case scenario, we don't mind traveling to the US for the bio and/or couple interview.

 

Any help would be greatly appreciated!

[Georgia16 2,858]

What process did you guys go through to get a GC not living here?

Did you just stay here long enough for the GC to come in the mail?

 

I think you will be in big trouble for ROC not living here and haven't done for almost 2 years from getting the card.

 

Visits is not enough to keep status.

[lisabird 0]

We filed from overseas. We have both an address in France and in the US (we have a relative there). 

We file our taxes every year.

[Georgia16 2,858]

6 minutes ago, lisabird said:

We filed from overseas. We have both an address in France and in the US (we have a relative there). 

We file our taxes every year.

That is nice and good you do file your taxes but unfortunately that is not enough to keep status here. 

 

You (Green card) holder have to live here and be here more then out of country. (Unless you are moved by military or government)

 

Just filing with the address you have here will bite you guys in the butt later as Green card holder is NOT living there. It would be a clear lie to the USCIS stating anything else.  

 

Looking for jobs here will not cut it.

 

Why not give up the GC and then apply for a IR-1 when you guys are ready to move? It would be a 10- year GC giving at that point. 

Edited August 25, 2019 by Georgia16

[Nitas_man 3,100]

I think you’re heading for a train wreck if you try to pull this off without physically living in the US.  

We hit this point, blew off the green card, and got a new one later.

 

Did he at least apply for a travel document?  

https://i94.cbp.dhs.gov/I94/#/history-search

 

Search this by passport number.  If you can see how much he’s been in and out don’t you think they can?

 

Edited August 25, 2019 by Nitas_man

[lisabird 0]

Hi guys,

 

Thanks a lot for your quick replies!

We don't plan on lying...

The thing is...we do want to move to the US...and it's a vicious circle because for employment they won't consider you if you don't have a green card.

Given what you two told me, it seems like we should just give it up. If there's 0% chance of getting the GC, there's no use in spending more than $700 over that

 

Any other opinions?

[Daphne . 1,888]

1 hour ago, lisabird said:

Hi guys,

 

Thanks a lot for your quick replies!

We don't plan on lying...

The thing is...we do want to move to the US...and it's a vicious circle because for employment they won't consider you if you don't have a green card.

Given what you two told me, it seems like we should just give it up. If there's 0% chance of getting the GC, there's no use in spending more than $700 over that

 

Any other opinions?

So you are the USC,correct? And the reason for you both not living in the US is because your foreign spouse is having trouble finding a job because he will not be hired without a green card,? But he has a greencard, so I don't understand?

  

Would your chances of a job be better? Why not start off with a job for you so at least you can start living in the US again because I do agree with other posters that he probably has not met the residency requirements..

[N-o-l-a 7,168]

So, he can get a job working retail in the US while he waits for an IT job.  It is rather silly that you didn't just do that in the first place.

[Lemonslice 4,886]

Unemployment rates are very, very, low right now. He should/could rent a room in a larger city and he WILL find work.  If you do not want to live in the US, then you might want to give up the permanent residency for now and save yourself the paperwork.

[Boiler 45,670]

What are you doing in France, just hanging out to see what happens?