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Paskaval

Returning to the US after conditional green card expired

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Filed: Other Country: France
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I'm very confused about the right process to be able to return to the US.

Here is the situation :

I married an american citizen in 2018 following the K1 process. I got a conditional green card in March 2019. My wife and I lived in the US for more than 2 years. We had to come back to France last february (before my green card expired in March 2021) in order to work several months to get retired, that was impossible staying in the US. I didn't know exactly how long I had to work. Today all is ok, I am retired and have a pension. We want to go back to live in the US. In theory I'm eligible to get a 10 year green card since we are married, I never overstayed in the US, and we came back to France for good reasons. But I don't find any application matching this case and I couldn't get information very clear from the ambassy.

Anny advice ? Thanks 

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Filed: F-1 Visa Country: Kenya
Timeline

Have you filed for ROC?


Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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Did you file an i-751?

I am guessing no. 

 

Option 1: as your 2yr card has expired, then you need to do file an i-751 ASAP, and you MUST put in a request to excuse the late filing otherwise it will be rejected.

You also need a US address to file

Once you have done that, and it is accepted, you will get an extension letter (sent to the US address) which will have to be forwarded to you, enabling you to travel to the US. 

As your card has expired, and you have no extension, you cannot currently travel to the US without doing that. 

You could try to get a boarding foil from the embassy, but as you haven't filed an i-751, I would imagine such an application would be rejected. 

 

 

 

option 2: you file an i-407 to formally relinquish your prior permanent resident status (before a judge does so for failure to file for removal of conditions), and then file a fresh I-130 and the whole immigrant visa process again, as the spouse of a US citizen. This time, as you will have been married for more than two years,  you will get an IR-1 & a ten year card right of the bat without having to ever go through the removal of conditions process in future.

 

 

Edited by mindthegap

CR1 / DCF (London): 2012 / 2013 (4.5 months from I-130 petition to visa in hand)

I-751 #1- May 2015 [Denied]

 

Early May 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS. No opportunity given to review & refute allegations  - contrary to USCIS policy.

 

I-751 #2 - Oct 2017 [Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

 

 N-400 - Feb 2018 [Denied] 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

 

I-751 Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

March 2021: Service Motion request sent overnight to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors.

 

I-290B - April 2021 [Withdrawn]

April 2021: I-290B motion to re-open ($675) filed 

 

I-751 #3 - June 2021 [Pending]

June 2021: I-751 #3 (27lbs) & another $680 sent to USCIS via FedEx ($300+..thanks) .... IT'S GROUNDHOG DAY

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

 

 

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Filed: AOS (apr) Country: New Zealand
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2 minutes ago, mindthegap said:

Option 1: as your 2yr card has expired, then you need to do file an i-751 ASAP, and you MUST put in a request to excuse the late filing otherwise it will be rejected.

So USCIS will accept late filings just from a request?  Then why are there even deadlines?

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1 hour ago, Paskaval said:

I'm very confused about the right process to be able to return to the US.

Here is the situation :

I married an american citizen in 2018 following the K1 process. I got a conditional green card in March 2019. My wife and I lived in the US for more than 2 years. We had to come back to France last february (before my green card expired in March 2021) in order to work several months to get retired, that was impossible staying in the US. I didn't know exactly how long I had to work. Today all is ok, I am retired and have a pension. We want to go back to live in the US. In theory I'm eligible to get a 10 year green card since we are married, I never overstayed in the US, and we came back to France for good reasons. But I don't find any application matching this case and I couldn't get information very clear from the ambassy.

Anny advice ? Thanks 

Embassies do not deal with I-751 Removal of Conditions, which is the form you should have filed before your GC expired. Normally, late I-751 filings are accepted if you provide a letter of explanation. However, I-751 applicants are generally inside the US when they file, not outside. You can try to file the I-751 with a letter of explanation. Some people might suggest trying a SB-1 Returning Resident Visa, but these are hard to get and you have to prove you had to stay outside of the USA due to reasons beyond your control. You can also say, "But COVID". COVID is a factor overall, but ultimately, the USA never closed its borders to permanent residents and its citizens. It would have sucked to suddenly quit your job if that was your only option, but the option was there for you this whole time before your card expired. There is also the unfortunate fact that no airline will let you onboard with an expired GC. Mindthegap has outlined your options.

Edited by mushroomspore

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1 hour ago, Jorgedig said:

So USCIS will accept late filings just from a request?  Then why are there even deadlines?

Yes. But it has to be a legitimate reason. 

It doesn’t have to be accepted, and the filing can be refused. 

 

In the peak covid era, those reasons are probably more numerous and lenient than others…we are only talking a couple of months in this situation ( March to July). However. ‘I moved full time to France and forgot to file’ probably won’t cut it as a reason in this instance.


 

Note: the above only applies to joint filings. Waiver filings are never considered late as they can be filed at any time without a request to do so 

 

 


CR1 / DCF (London): 2012 / 2013 (4.5 months from I-130 petition to visa in hand)

I-751 #1- May 2015 [Denied]

 

Early May 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS. No opportunity given to review & refute allegations  - contrary to USCIS policy.

 

I-751 #2 - Oct 2017 [Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

 

 N-400 - Feb 2018 [Denied] 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

 

I-751 Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

March 2021: Service Motion request sent overnight to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors.

 

I-290B - April 2021 [Withdrawn]

April 2021: I-290B motion to re-open ($675) filed 

 

I-751 #3 - June 2021 [Pending]

June 2021: I-751 #3 (27lbs) & another $680 sent to USCIS via FedEx ($300+..thanks) .... IT'S GROUNDHOG DAY

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

 

 

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2 hours ago, Jorgedig said:

So USCIS will accept late filings just from a request?  Then why are there even deadlines?

Yes I've seen a lot of threads from people who simply forgot asking about what to do and most of them do file late with a letter and their applications were accepted. I even remember one person who was late by a whole year! I think their I-751 was accepted, but unless I find the thread again, I can't say for sure. It's a surprisingly lenient stance for USCIS to take (I think). Plus, the card's expiration date is right there on the card. In my mind, there isn't much of an excuse. I can understand if a couple truly does undergo extreme circumstances that physically prevent them from filing I-751 in a timely manner, but those kinds of circumstances are rare. Most of the threads I've seen about late I-751 filings are people who just forgot.

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Filed: AOS (apr) Country: Argentina
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5 minutes ago, mushroomspore said:

think their I-751 was accepted,

Yes, it was. And actually the petitioner is now a USC. I can’t remember the name of OP, but I think @Lucky Cat quoted her around last week.

However, I do clearly remember that OP had filed a year late because her mom died while she was pregnant, she had some more kids and they had moved five times in a year, including across the country…

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Filed: AOS (apr) Country: Argentina
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Actually I do believe @mindthegapmight know of the post I’m talking about. I’m pretty sure he participated on that thread with his glorious explanation and (sadly) his battle with ROC. Do you remember which one I’m talking about? OP might find it helpful.

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Filed: AOS (apr) Country: Argentina
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4 hours ago, Paskaval said:

In theory I'm eligible to get a 10 year green card since we are marri

You would have been eligible if you had filed for ROC in time. You can try filing late, and although you should have a valid reason for the late filing (such as hospitalization, etc) I just found a thread of somebody that filed late simply because he forgot, and got approved. It’s not the best case scenario for sure, but you can try. Also, be prepared to file for IR-1 if they deny your application.

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5 hours ago, Paskaval said:

I'm very confused about the right process to be able to return to the US.

Here is the situation :

I married an american citizen in 2018 following the K1 process. I got a conditional green card in March 2019. My wife and I lived in the US for more than 2 years. We had to come back to France last february (before my green card expired in March 2021) in order to work several months to get retired, that was impossible staying in the US. I didn't know exactly how long I had to work. Today all is ok, I am retired and have a pension. We want to go back to live in the US. In theory I'm eligible to get a 10 year green card since we are married, I never overstayed in the US, and we came back to France for good reasons. But I don't find any application matching this case and I couldn't get information very clear from the ambassy.

Anny advice ? Thanks 

You were eligible to file for removal of conditions before you returned to France.  That would have given you an 18 month extension to the expiration of your original Green Card.  If you have not done so, I would immediately file a proper I-751 package (with an explanation of why it is late) which MIGHT be enough to get you the extension letter.  You could then board a plane and return to the US.  

Edited by Lucky Cat

"The immigration process demands a great deal of knowledge, planning, time, patience, and money.  A deficit in any of these areas can spell heartbreak."

   -GB, "old man of much life experience"

 

Retired 20 year United States Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

 

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2 hours ago, ra0010 said:

Actually I do believe @mindthegapmight know of the post I’m talking about. I’m pretty sure he participated on that thread with his glorious explanation and (sadly) his battle with ROC. Do you remember which one I’m talking about? OP might find it helpful.

🤷‍♀️  I've posted a lot

 

This policy memo (which remains current to date) clarifies how USCIS regard and approach untimely (thats late on non legal-ese) joint petitions

 

https://www.uscis.gov/sites/default/files/document/legal-docs/I-751-LateFiling-PM.pdf

and

(page 3) https://www.dhs.gov/sites/default/files/publications/Response_to_CISOMB_I-751_Recommendation_Signed_7-10-13.pdf

 

 

Edited by mindthegap

CR1 / DCF (London): 2012 / 2013 (4.5 months from I-130 petition to visa in hand)

I-751 #1- May 2015 [Denied]

 

Early May 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS. No opportunity given to review & refute allegations  - contrary to USCIS policy.

 

I-751 #2 - Oct 2017 [Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

 

 N-400 - Feb 2018 [Denied] 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

 

I-751 Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

March 2021: Service Motion request sent overnight to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors.

 

I-290B - April 2021 [Withdrawn]

April 2021: I-290B motion to re-open ($675) filed 

 

I-751 #3 - June 2021 [Pending]

June 2021: I-751 #3 (27lbs) & another $680 sent to USCIS via FedEx ($300+..thanks) .... IT'S GROUNDHOG DAY

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

 

 

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4 hours ago, ra0010 said:

However, I do clearly remember that OP had filed a year late because her mom died while she was pregnant, she had some more kids and they had moved five times in a year, including across the country…

Sounds like the following thread:

6 hours ago, Jorgedig said:

So USCIS will accept late filings just from a request?

If there is a legitimate reason then USCIS still accepting it is codified in the law. See INA 216(d)(2)(B): "Such a petition may be considered if filed after such date, but only if the alien establishes to the satisfaction of the Secretary of Homeland Security good cause and extenuating circumstances for failure to file the petition during the period described in subparagraph (A)."

Edited by HRQX

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