2 year conditional and Re Entry ?

[ttpru1 0]

HI There -

 

a little background - my husband is from NZ, and I am from the States. We got married last year and my husband got his 2 year conditional. a few months ago, we found out his mother was sick- so we flew back to NZ and we are realizing that it may be a longer road to recovery than we initially thought. My question is about the Re-Entry permit - If we plan on staying with her while she recovers and that goes beyond a year, will his green card be deemed abandoned? Is there a way to apply for the Re Entry permit retroactively? 

 

I assume if there is a doctors note (mothers cancer diagnosis) we might be able to? I can't seem to find any information on this.

 

Thank You
 

[Boiler 43,859]

Well you do not apply retroactively but yes you can apply when you come home.

 

On what basis will you be staying in NZ?

[HRQX 4,145]

18 minutes ago, ttpru1 said:

Is there a way to apply for the Re Entry permit retroactively?

He must be physically present in the US when he files the I-131: https://www.uscis.gov/sites/default/files/USCIS/Resources/B5en.pdf He can immediately leave after filing the form and then return for biometrics (and then later again if they schedule an interview).

[ttpru1 0]

4 minutes ago, HRQX said:

He must be physically present in the US when he files the I-131: https://www.uscis.gov/sites/default/files/USCIS/Resources/B5en.pdf He can immediately leave after filing the form and then return for biometrics (and then later again if they schedule an interview).

Sorry if this is a dumb question... but we did file an I-131 when we were doing adjustment of status... so we need to do it again to get the re entry permit?

[ttpru1 0]

10 minutes ago, Boiler said:

Well you do not apply retroactively but yes you can apply when you come home.

 

On what basis will you be staying in NZ?

That's the issue, we are in NZ with his mother. He is still going back periodically for work a few weeks at a time. but ideally it would be nice to be able to stay with his mom until she is better (might be a year and a half - who knows)

[geowrian 22,336]

19 minutes ago, ttpru1 said:

Sorry if this is a dumb question... but we did file an I-131 when we were doing adjustment of status... so we need to do it again to get the re entry permit?

Yes. That was an I-131 for AP. Now you need an I-131 for a re-entry permit. It's a different document (and isn't free).

[ttpru1 0]

33 minutes ago, geowrian said:

Yes. That was an I-131 for AP. Now you need an I-131 for a re-entry permit. It's a different document (and isn't free).

Ah, thank you!