Can you file ROC from overseas?

[YvetteS 178]

Hi all! I have a couple questions I would love your input on...

 

First of all to give you some background, my conditional green card is due to expire in March 2023. I am planing to go to Australia for a few months in July to see my family who I have not seen since pre-covid.

 

1. Do I have to be in the US to file ROC? (Sorry if this seems like a silly question)

 

2. Do all ROC require biometrics, if so how long after filing does this usually get scheduled?

 

3. Do all ROC require an interview?

 

4. Lastly I will return to America to lodge my ROC if needed. But after I receive my extension letter can I return to Australia?

 

Thank you!!!

[Lemonslice 4,555]

When are you going to go to Australia, July 2022 or 2023?  If July 2022, then wait until you are back to file - you have until the expiration date to do it. 

[Mike E 11,723]

15 minutes ago, YvetteS said:

Hi all! I have a couple questions I would love your input on...

 

First of all to give you some background, my conditional green card is due to expire in March 2023. I am planing to go to Australia for a few months in July to see my family who I have not seen since pre-covid.

 

1. Do I have to be in the US to file ROC? (Sorry if this seems like a silly question)

I’ve read nothing that says you have to be.  Why is this relevant given your reveal dates and your gc expiration date? What does a few months mean to you?

Are you planning on being outside the USA for more than 180 days?

 

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2. Do all ROC require biometrics, if so how long after filing does this usually get scheduled?

Some RoCs had biometrics waived especially if you got  gc through I-485

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3. Do all ROC require an interview?

No.  

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4. Lastly I will return to America to lodge my ROC if needed. But after I receive my extension letter can I return to Australia?

Yes.  
 

Understand that if your gc expires while outside the USA and you don’t have an extension letter in hand, then the USA embassy is unlikely to help you, especially if you are absent 181 days or more.  You will be stranded outside the USA and will have to attempt to enter via Canada / Mexico or private watercraft through Guam. 
 

I sense you are on a dangerous path.  

Edited April 8, 2022 by Mike E

[YvetteS 178]

1 hour ago, Mike E said:

I’ve read nothing that says you have to be.  Why is this relevant given your reveal dates and your gc expiration date? What does a few months mean to you?

Are you planning on being outside the USA for more than 180 days?

 

Some RoCs had biometrics waived especially if you got  gc through I-485

No.  

Yes.  
 

Understand that if your gc expires while outside the USA and you don’t have an extension letter in hand, then the USA embassy is unlikely to help you, especially if you are absent 181 days or more.  You will be stranded outside the USA and will have to attempt to enter via Canada / Mexico or private watercraft through Guam. 
 

I sense you are on a dangerous path.  

I plan to go to Australia in July 2022.

 

Yes, I was planning on being outside the US more than 180 days. That's why I was wondering if I can submit my ROC application from Australia and get an extension letter sent there. But, as mentioned if this is a problem, I will return to the USA to lodge my application.

 

I am eager to spend extended time in Australia as I haven't seen my family in over two years and they have not yet met my son. It may seem irrational to not wait until after I have lodged ROC to go to Australia, but I have been separated from my family for so long as it is. I want them to meet my son asap.

 

Thanks for your insight. I appreciate it.

[Mike E 11,723]

21 minutes ago, YvetteS said:

I plan to go to Australia in July 2022.

 

Yes, I was planning on being outside the US more than 180 days.

You need to file I-131 before you leave.  
 

21 minutes ago, YvetteS said:

That's why I was wondering if I can submit my ROC application from Australia and get an extension letter sent there.

Looking at I-751 your physical and mailing addresses must have a USA state and USA zipcode.  
 

21 minutes ago, YvetteS said:

But, as mentioned if this is a problem, I will return to the USA to lodge my application.

 

I am eager to spend extended time in Australia as I haven't seen my family in over two years and they have not yet met my son. It may seem irrational to not wait until after I have lodged ROC to go to Australia, but I have been separated from my family for so long as it is. I want them to meet my son asap.

Spending 181 or more days outside the USA as a conditional LPR, even with an extension letter is dangerous.  An approved I-131 is an imperative.  As an Australia. Citizen get your Canadian ETA on the basis of being Australian versus being an LPR so that you have a viable plan C if you get stranded.  Given the fluid situation around Covid and Australia’s draconian track record on Covid restrictions you have to prepare for the worst case scenario.  
 

21 minutes ago, YvetteS said:

 

Thanks for your insight. I appreciate it.

You are welcome. 

[YvetteS 178]

27 minutes ago, Mike E said:

You need to file I-131 before you leave.  
 

Looking at I-751 your physical and mailing addresses must have a USA state and USA zipcode.  
 

Spending 181 or more days outside the USA as a conditional LPR, even with an extension letter is dangerous.  An approved I-131 is an imperative.

Can you help me understand the I-131 in more detail? Does it allow me to be out of the US longer than 180 days?

[mindthegap 2,521]

It can be physically sent from outside the US, yes. 
However, if it has a non US address it will be put on hold. I genuinely have no idea what on hold that entails as I’ve never heard of anyone actually doing it, but it is definitely mentioned (somewhere) in the rules and policy manual as I remember reading it at the time I physically sent one from outside the US. 
It does state in the i-751 instructions that “You must have a United States address to file this petition” which I presume is a reference to the hold if you give a non US address. I’m curious if you would get a receipt for applications filed and put  ‘on hold’  but I wouldn’t want to be the one testing it. 
 

So yeah, if you have a physical US address still, and someone who can collect the receipt/extension from your mail and physically forward it to you, by all means FedEx the filing from Australia putting your US address on the application,  and then hope they reuse your biometrics so you don’t have to return for that. 

 

Lastly, if it’s a divorce waiver filing (not a joint filing), then simply file it now, and you will have your receipt /extension by the time you leave in july. 

[Mike E 11,723]

11 minutes ago, YvetteS said:

Can you help me understand the I-131 in more detail? Does it allow me to be out of the US longer than 180 days?

It allows you to stay out for up to 2 years.  
 

It is considered essential by DHS and State for absences between 1-2 years (inclusive).  You can board a flight back to the USA with just a reentry permit in the event your gc is lost or expired. The reentry permit is evidence you did not abandon LPR status.    But even though the State department will advise you that absences up to one year  are ok, DHS doesn’t always see it that way. DHS elevates scrutiny at 181 days of absence.   See https://help.cbp.gov/s/article/Article-3671?language=en_US#:~:text=The CBP officer will collect,final determination on your case

 

Just applying for an I-131 will alone provide strong evidence you did not intend to abandon your LPR status. If you come back after 180 days and the I-131 is still pending (which is likely) a pending application is evidence in your favor.  

 

 

Edited April 8, 2022 by Mike E

[mindthegap 2,521]

13 minutes ago, YvetteS said:

Can you help me understand the I-131 in more detail? Does it allow me to be out of the US longer than 180 days?

It’s to do with abandonment of residence, primarily to stop people living & working out of the US in a decidedly non US resident capacity and returning for a day every six months in order to keep their status for the future.

You can be out of the US for more than 180 days without an I-131 - an extended visit to family (especially given the last few years without being able to travel) or medical treatment or something would be a totally valid and acceptable reason. If however you have no ties to the US - home/apartment, bank account, job to come back to, family, car, insurance, etc - then that is more problematic and could goes against you, and it can be classed as a presumed abandonment of permanent residence, which could (potentially) lead to a date with an immigration judge to demonstrate you didn’t abandon your status.

Doing it once you should be fine… do it repeatedly and you will eventually have issues. I’d recommend having some docs proving your US ties. 

 

An I-131 would definitely be recommended for a year or more out of the country as that has other issues and a higher burden of proof. 

Edited April 8, 2022 by mindthegap

[Letspaintcookies 2,207]

In case you plan on naturalization keep in mind that such an extended period out of the US will set you back for when you can apply. I know it wasn't asked but it's often forgotten. 

[YvetteS 178]

On 4/9/2022 at 7:21 AM, Letspaintcookies said:

In case you plan on naturalization keep in mind that such an extended period out of the US will set you back for when you can apply. I know it wasn't asked but it's often forgotten. 

I wasn't aware of this. So if I keep my time out of the US less than 180 days, would that be OK? Or would that still set me back?