Returning to the US after conditional green card expired

[Paskaval 2]

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 

[Timona 3,931]

Have you filed for ROC?

[milimelo 4,167]

If you haven’t completed RoC as required you’ll have to be petitioned via I-130. 

[mindthegap 2,521]

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 July 21, 2021 by mindthegap

[SalishSea 16,746]

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?

[mushroomspore 3,043]

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 July 21, 2021 by mushroomspore

[mindthegap 2,521]

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 

 

 

[mushroomspore 3,043]

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.

[Rocio0010 5,560]

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…

[Rocio0010 5,560]

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.

[Rocio0010 5,560]

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.

[Rocio0010 5,560]

See this thread (hopefully I’m sharing it ok, it’s the first time I do this!)

 

[Crazy Cat 39,187]

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 July 21, 2021 by Lucky Cat

[mindthegap 2,521]

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 July 21, 2021 by mindthegap

[HRQX 4,145]

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 July 21, 2021 by HRQX