Denied I-751 for failure to appear for Biometrics. Abandonned process. wants to restart the I-751 process

[PaulaCJohnny 712]

You said in your original post that she couldn’t get back because of the new born baby, than that she idiot of the US for 6 years, but I saw that you said that your kid is 8 and 1/2 years.

 

How long are you wife out of the country?? @Adilioz

[Adilioz 2]

1 minute ago, PaulaCJohnny said:

You said in your original post that she couldn’t get back because of the new born baby, than that she idiot of the US for 6 years, but I saw that you said that your kid is 8 and 1/2 years.

 

How long are you wife out of the country?? @Adilioz

@PaulaCJohnny my bad we moved overseas in 2014. baby is 8.5 years now. I just pulled up the file from our FOIA request response. I-751 was stamped at the VSC 08-25-2015..denial letter was sent  09-01-2016. date on 'action block on original I-751 shows a date of 08-22-2016.

[Crazy Cat 39,764]

2 hours ago, Adilioz said:

@PaulaCJohnny my bad we moved overseas in 2014. baby is 8.5 years now. I just pulled up the file from our FOIA request response. I-751 was stamped at the VSC 08-25-2015..denial letter was sent  09-01-2016. date on 'action block on original I-751 shows a date of 08-22-2016.

6 years after the denial letter is a long time.  I think a reasonable judge would consider the LPR status abandoned.  No one stays outside the US that long with the intent to maintain residency, imo. You left the US with the intention of living elsewhere, it seems to me. You had options other than just remaining outside the US for 8 years.   This isn't just a case of not following the technical rules to maintain residency.     I think the LPR knowingly abandoned status.  I assume you knew the rules when you left the US.  Per your post, you MOVED overseas.   Some I-751s are unjustly denied.  Others are not.  I would start over with an I-130.  Just my opinion.  I'm unfollowing this thread.  Good luck on your journey.  I wish you and your family well.  

Edited August 31, 2022 by Crazy Cat

[arken 4,197]

32 minutes ago, Dashinka said:

After getting a new extension letter, then she will need to apply for a boarding foil at the consulate as @mindthegap mentioned. 

Two issues:

1. The extension letter, even if the uscis issues one, will extend the resident status by 24 months from the GC expiry date. The extended validity will have already expired. Not sure if the embassy will entertain that.

 

2. Boarding foil requirements: One must not have been outside for over a year in general or over 2 years with Rentry Permit.

Edited August 30, 2022 by arken

[da95826 387]

5 minutes ago, Adilioz said:

@PaulaCJohnny my bad we moved overseas in 2014. baby is 8.5 years now. I just pulled up the file from our FOIA request response. I-751 was stamped at the VSC 08-25-2015..denial letter was sent  09-01-2016. date on 'action block on original I-751 shows a date of 08-22-2016.

I think you will spend more time and money trying to revive the old i751 case. Best to start over with a new i-130 application and get your 10 year green card that way.

[PaulaCJohnny 712]

23 minutes ago, Adilioz said:

@PaulaCJohnny my bad we moved overseas in 2014. baby is 8.5 years now. I just pulled up the file from our FOIA request response. I-751 was stamped at the VSC 08-25-2015..denial letter was sent  09-01-2016. date on 'action block on original I-751 shows a date of 08-22-2016.

@Adilioz Yes. Her Remove of conditions case, IMO, is dead.

You need to start from scratch. I-130 and all the things you did before. Will take around 2 years to get everything done, but because you are together this will be better, right?

Like others said she doesn’t qualify anymore. 8 years out, she is not a resident here (this is super clear).

 

The good news is that the next time she, if approved, will get de 10 years greencard. 
 

Good luck with your case.

 

 

 

Edited August 31, 2022 by PaulaCJohnny

[Mike E 11,727]

7 hours ago, Adilioz said:

We did however mail the 2GC back in the mail years ago.

Why did you do that?

[Mr Genuis 91]

On 8/30/2022 at 5:21 AM, Adilioz said:

Hi friends,

Looking for some insight, advice on how to proceed. Here is the debacle....

• at around the time my wife's appointment for biometrics was confirmed, we moved overseas
• wife had health issues and couldn't make it to the US with a newborn baby. we wrote them asking for a postponement, we didn't hear back from
• fast-forwad to today, my wife and I wrote to the USCIS and requested our I-751 file back, which we found out that the motif of denial was no show for biometrics
• We-still married- and contemplating a move back to the US, want to restart the process, but we are not sure where to start. we were told to consider refiling I-751 but other advised to to file a I-290B
• We are confused and we believe it's got to be a way to file a motion and explain our hiatus for 6 years.

Thanks All for your anticipated insights.

AM

 

First of all without even considering not showing up for biometric, that 2 years Green card was long abandoned. If you chosed to follow the i751 and get a lawyer for your explanation that oh well we sent a letter about us not showing up bla bla, what about the Green card you abandoned 6 years ago? Me personally my advise is to start the process from scratch because I feel like otherwise you will be waisting time and money. File for a new i130 atleast this time they will give you a 10 year green card since you are still marraid for morethan 2 years now. This is the best rout to follow.