outside US long periods with ROC pending

[marcolan 2]

@iwannaplay54 did u lost ur GC coz u were not in the US during ROC process? How long did u stay overseas?

[iwannaplay54 985]

1 minute ago, marcolan said:

@iwannaplay54 did u lost ur GC coz u were not in the US during ROC process? How long did u stay overseas?

ROC, returned to the US to file/do biometrics, fingerprints rejected.  Couldnt go back, turned the whole thing in.

[iwannaplay54 985]

You are at a decided disadvantage without a USC spouse.  In our case, the consequence of any risk we took was simply a re-file or an SB1.  In yours, if you are determined to have abandoned residence you don’t have a path back.

You need to get back to the US.  Absences of greater than a year classify you as an “arriving alien” not a returning resident and you are presumed to have abandoned residence.

To answer your original question - we were out for 8 of the first 11 years of our marriage and have vast experience navigating those rapids.  Whether you are allowed entry or not, that absence can catch up with you at any time and you should never, ever enter after a 1+ year absence without either a travel document or an SB1 which I do not believe you can get because it’s essentially a new immigrant visa with support affidavit, medical, police certificate, interview, the works.  That’s AFTER the initial interview to determine whether you qualify and they take your green card when you apply.  You dont see that card again until you arrive at the airport with the issued visa.

 

 It is a risk you don’t need.  Advised not to push this.

Edited January 30, 2022 by iwannaplay54

[marcolan 2]

33 minutes ago, iwannaplay54 said:

ROC, returned to the US to file/do biometrics, fingerprints rejected.  Couldnt go back, turned the whole thing in.

So u applied for ROC, they rejected ur fingerprints and u could not be in the US to do the fingerprints?

 

, I know im filing alone and I know the risks of that… I just wondering if they can deny my ROC solely because I ll be spending most of 2022 overseas? That happened before?

 

i ll be coming back for a week on a 5 months mark, but my goal is to actually come to stay in the US only in October ( total would be like less than 1 year)

and I know everybody is like “”u should get the treatment in the US” but the situation is more complicated than that… if I had money I would just stay in the US right now, but its just not gonna ne good for my Health or me studies ( im not enrolled in school overseas iM just using this “free” time to focus on study to that test in November)

[Rocio0010 5,572]

You’re at risk of losing you GC, it seems. 
Surgeons here do a really good job and most hospitals have a payment plan.

If you lose your green card you have no status to fall back on.

 

Is your exam computer- based? Does it have a writing portion to it? 

[iwannaplay54 985]

7 minutes ago, marcolan said:

So u applied for ROC, they rejected ur fingerprints and u could not be in the US to do the fingerprints?

 

, I know im filing alone and I know the risks of that… I just wondering if they can deny my ROC solely because I ll be spending most of 2022 overseas? That happened before?

 

i ll be coming back for a week on a 5 months mark, but my goal is to actually come to stay in the US only in October ( total would be like less than 1 year)

and I know everybody is like “”u should get the treatment in the US” but the situation is more complicated than that… if I had money I would just stay in the US right now, but its just not gonna ne good for my Health or me studies ( im not enrolled in school overseas iM just using this “free” time to focus on study to that test in November)

We simply didnt feel like going back to the US for fingerprints, surrendered the old card at the consulate, filed a new I130 a year later.

 

If you are denied it will be for no reason other than you are required as a PR to reside in the US as a green card holder and you did not.

 

If your total absence is less than a year?  I wouldn’t worry about it.  I would however advise you to apply for a travel document while you are in the US and stay through biometrics.  It will protect your residency through expiration of your extension letter.

Edited January 30, 2022 by iwannaplay54

[marcolan 2]

Just now, Rocio0010 said:

You’re at risk of losing you GC, it seems. 
Surgeons here do a really good job and most hospitals have a payment plan.

If you lose your green card you have no status to fall back on.

 

Is your exam computer- based? Does it have a writing portion to it? 

When u say im in risk u mean my ROC can be denied based on the fact that Im overseas now?

[Rocio0010 5,572]

2 minutes ago, marcolan said:

When u say im in risk u mean my ROC can be denied based on the fact that Im overseas now?

Not because you’re overseas now, but because you are going to fail your residency requirement if you plan on staying abroad for such a long time (longer than a year) in a circumstance that is under your control. 
In the end, you’re at an officer’s mercy. If you go in and out so many times, you might be red flagged, or you might not. I would not risk it.

[marcolan 2]

3 minutes ago, iwannaplay54 said:

We simply didnt feel like going back to the US for fingerprints, surrendered the old card at the consulate, filed a new I130 a year later.

 

If you are denied it will be for no reason other than you are required as a PR to reside in the US as a green card holder and you did not.

 

If your total absence is less than a year?  I wouldn’t worry about it.  I would however advise you to apply for a travel document while you are in the US and stay through biometrics.  It will protect your residency through expiration of your extension letter.

 

I know you guys are trying to help me, and I appreciate that.

But I think our situation is a little bit different.

I applied for ROC  16 months ago, biometrics waived. I received the 24month letter extension last month.

I ll be outside of the US for 5 months, come to the US , and then be outside again for more 5 months.

Im expecting my green card to be approved/ denied or whatever by July 2022, if that happens I could apply for a reentry permit.

The only reason I dont wanna apply for a reentry permit now its because aparentally its taking forever ( more than 1 year ) and also my understanding is that its gonna expire on the same date of my extension letter.

So my points is: what is the point of a reentry permit now? 

If my case is not approved before the 24 months letter expire Im gonna have stay in the US to get that stamp and that is gonna change all my plans,  so I really hope they approved it before October

 

[marcolan 2]

8 minutes ago, Rocio0010 said:

Not because you’re overseas now, but because you are going to fail your residency requirement if you plan on staying abroad for such a long time (longer than a year) in a circumstance that is under your control. 
In the end, you’re at an officer’s mercy. If you go in and out so many times, you might be red flagged, or you might not. I would not risk it.

 

it is gonna be less than 1 year.... 5 months + 5 months at the most.

Im just wondering if they start to check my process lets say, in 4 months, and see that Im abroad, if they gonna deny me for that

 

Edited January 30, 2022 by marcolan

[iwannaplay54 985]

16 minutes ago, marcolan said:

 

I know you guys are trying to help me, and I appreciate that.

But I think our situation is a little bit different.

I applied for ROC  16 months ago, biometrics waived. I received the 24month letter extension last month.

I ll be outside of the US for 5 months, come to the US , and then be outside again for more 5 months.

Im expecting my green card to be approved/ denied or whatever by July 2022, if that happens I could apply for a reentry permit.

The only reason I dont wanna apply for a reentry permit now its because aparentally its taking forever ( more than 1 year ) and also my understanding is that its gonna expire on the same date of my extension letter.

So my points is: what is the point of a reentry permit now? 

If my case is not approved before the 24 months letter expire Im gonna have stay in the US to get that stamp and that is gonna change all my plans,  so I really hope they approved it before October

 

Our situations are a lot different.  We kept drivers licenses, registered/insured vehicles, bank accounts, credit cards, cell accounts, and US health insurance active at all times.  Never a question of proving ties if needed.  The expense was ruinous.  You are assuredly going to have an interview.  How are you expecting to explain that you simply waited overseas using a friend’s address for your ROC approval?  
Last post.  I wouldn’t risk it.

Edited January 30, 2022 by iwannaplay54

[Mike E 11,725]

19 minutes ago, marcolan said:

 

.

So my points is: what is the point of a reentry permit now? 

The  point is that it is evidence you did not plan to abandon your residency.  
 

If you cannot get a residency permit that expires beyond your 24 month extension letter then that is a good sign that you should not spend more than 50 percent of your time outside the USA.  

19 minutes ago, marcolan said:

If my case is not approved before the 24 months letter expire Im gonna have stay in the US to get that stamp and that is gonna change all my plans,  so I really hope they approved it before October

 

Just get your finger fixed in the USA. 

[Rocio0010 5,572]

46 minutes ago, marcolan said:

or me studies

If you’re not enrolled in school overseas, then why can’t you not study here? I’m sorry, but your story doesn’t add up. And if it doesn’t add up to us, most likely it will not add up to the IO. 
 The re entry permit is to use when the circumstances were not under your control. Not your case.

[Mike E 11,725]

5 minutes ago, Rocio0010 said:

. 
 The re entry permit is to use when the circumstances were not under your control. Not your case.

Re-entry permits are certainly applied for by people who control their circumstances. If you plan to travel a lot get one.  

[iwannaplay54 985]

A re-entry permit provides presumptive proof that you never intended to abandon residence.  That is its only value in this case.