Should I apply for a Reentry permit now?

[kpelo 0]

 

Hello, Visa Journeys,

 

So this is my situation:

 

I got a 2 year green card in 2018, and in July 2020 I applied for ROC with a divorce waiver. ( I sent my divorce decree to them September 2020 ), since September 2020, no updates....Potomac is taking forever to process ROC

 

Now I have a STAMP in my passport valid until July 2023, and the 48 month letter, valid until July 2024. I live in Florida with my US citizen boyfriend.

 

Life happens and now I have the opportunity to go to Germany to study for 2-3 years....it is a one in a life opportunity and I don't wanna miss it.

 

I know the rule about "not staying outside of the US for more than 6 months / 1 year".... and Im not planning on stay in Germany for continuous 365 days.....but I don't wanna be coming to the US every 5-6 months or so.....

 

So I understand that the correct thing to do is to apply for a Reentry permit. 

 

So I have a few questions:

 

1- how does it work if my ROC still pending and I don't know for how long is gonna be like that..Can I still apply for a reentry permit during ROC?

 

2- can the Reentry permit jeopardize my ROC? like USCIS deny my case saying that Im -- living outside the US --or something like that?

 

3- I cant find a lot of information about that, because I read that the Reentry permit is valid for 2 years.....But I also read that it is taking more than 1 year to get approved.......So can I apply and travel??? I cant wait 1 year lol....my classes start in 90 days!

 

4- Im gonna have a Germany student visa....does that jeopardize my ROC by any chance?

 

I live with my boyfriend in Florida...where all my life is...and while in Germany I know I have to keep doing my taxes, etc.....but I dont wanna do nothing that can affect my return to America, my life is in America

 

thank you

 

 

[Allaboutwaiting 2,500]

What I would do is: 

- marry the bf

- travel to Germany

- relinquish permanent residence and "switch" to visitor on next trip to US

- a year or so later, have the husband apply for IR1

- once visa is approved, enter the US on or after the 2 year wedding anniversary

 

Voilà!

Edited March 30, 2023 by Allaboutwaiting

[Allaboutwaiting 2,500]

13 minutes ago, Allaboutwaiting said:

What I would do is: 

- marry the bf

- travel to Germany

- relinquish permanent residence and "switch" to visitor on next trip to US

- a year or so later, have the husband apply for IR1

- once visa is approved, enter the US on or after the 2 year wedding anniversary

 

Voilà!

An alternative to the previous plan is to relinquish your GC before leaving and visit with an ESTA - if you're a citizen of a VWP country-.

[SteveInBostonI130 3,319]

Apply for citizenship 90 days minus your 5 year anniversary as a GC holder (residence since date on your 2018 GC)

[Ontarkie 13,918]

When do you start school? 

Having a student visa for Germany should not be an issue. 

Get that N400 started. You might get lucky and be done before your start date for school.

I would not relinquish the GC. Fees are crazy and they will just continue to go up. Why start all over again. 

Re-entry permit can be renewed twice but I do not know how it works with ROC. I think maybe with the extension letters the Re-entry permit might be able to work still. Others will know more about this then me. 

 

 

[Allaboutwaiting 2,500]

1 minute ago, Ontarkie said:

When do you start school? 

Having a student visa for Germany should not be an issue. 

Get that N400 started. You might get lucky and be done before your start date for school.

I would not relinquish the GC. Fees are crazy and they will just continue to go up. Why start all over again. 

Re-entry permit can be renewed twice but I do not know how it works with ROC. I think maybe with the extension letters the Re-entry permit might be able to work still. Others will know more about this then me. 

 

 

Classes start in 90 days. Definitely she won't be done by then. 

[Ontarkie 13,918]

32 minutes ago, Allaboutwaiting said:

Classes start in 90 days. Definitely she won't be done by then. 

I missed that. Then re-entry permit would be my choice.

[kpelo 0]

2 hours ago, Allaboutwaiting said:

What I would do is: 

- marry the bf

- travel to Germany

- relinquish permanent residence and "switch" to visitor on next trip to US

- a year or so later, have the husband apply for IR1

- once visa is approved, enter the US on or after the 2 year wedding anniversary

 

Voilà!

hahah

tks..but marriage is not an option lol

I would not start the GC process from the beginning again...thats a lot hahaha

I dont want to lose this GC, just wanna find a way to keep it while I study overseas

28 minutes ago, Ontarkie said:

I missed that. Then re-entry permit would be my choice.

that's what I want to do ,but its like..nobody knows ( probably not even USCIS ) how a reentry permit works during ROC

and I dont qualify for n-400 coz in 2020 I had a 8 months stay in Japan.... and 6 months stay overseas make your n-400 reset

Edited March 30, 2023 by kpelo

[OldUser 4,833]

39 minutes ago, kpelo said:

I would not start the GC process from the beginning again...thats a lot hahaha

I dont want to lose this GC, just wanna find a way to keep it while I study overseas

Well you may be forced to decide between immigration and study in Germany. Re-entry permit would work for 2 years, maybe you could renew it for another 2 years. The question is, what if you're called for ROC interview, while in Germany? Then what?

Edited March 30, 2023 by OldUser

[Allaboutwaiting 2,500]

44 minutes ago, kpelo said:

I dont want to lose this GC, just wanna find a way to keep it while I study overseas

that's what I want to do ,but its like..nobody knows ( probably not even USCIS ) how a reentry permit works during ROC

and I dont qualify for n-400 coz in 2020 I had a 8 months stay in Japan.... and 6 months stay overseas make your n-400 reset

Then maybe the way to go is, applying for the reentry permit - remember you should file no fewer than 60 days before you travel- and use it for the 2 years validity and on the last year, don't renew the permit, just return to the US before the 6 month mark abroad. 

 

You can actually file now and request for the permit to be sent to the embassy/ consulate in the city where you will be in Germany. 

 

Except for the hassle it would be to travel back to the US in case your ROC interview is scheduled, you should not have issues. 

[Mike E 11,723]

12 hours ago, kpelo said:

Can I still apply for a reentry permit during ROC?

According to https://www.uscis.gov/sites/default/files/document/forms/i-131instr.pdf

 

“2) A Reentry Permit issued to a conditional permanent resident is valid for 2 years from the date of issuance, or to the date the conditional permanent resident must apply for removal of the conditions on his or her status, whichever date comes first.”

 

12 hours ago, kpelo said:

I got a 2 year green card in 2018

“2 years from the date of issuance, or to the date the conditional permanent resident must apply for removal of the conditions”

 

2018 + 2 = 2020 the year you needed to apply for RoC. 2020 + 2 = 2022 which is 2 years after when you needed to file RoC. So per the instructions, a re-entry permit will not work.

[kpelo 0]

49 minutes ago, Mike E said:

According to https://www.uscis.gov/sites/default/files/document/forms/i-131instr.pdf

 

“2) A Reentry Permit issued to a conditional permanent resident is valid for 2 years from the date of issuance, or to the date the conditional permanent resident must apply for removal of the conditions on his or her status, whichever date comes first.”

 

“2 years from the date of issuance, or to the date the conditional permanent resident must apply for removal of the conditions”

 

2018 + 2 = 2020 the year you needed to apply for RoC. 2020 + 2 = 2022 which is 2 years after when you needed to file RoC. So per the instructions, a re-entry permit will not work.

I think that is one of those questions that not even USCIS knows the answer... lol

 

I read some cases online that people that applied during ROC, and even the ROC extension letter says to "apply for reentry permit if you want to stay outside for more than 12 months"...

well...at this point, what Im gonna try to go is to wait a little bit to see if ROC is approved until July ( when my German classes start ). If its approved Im gonna go ahead and apply for a reentry permit.....

If not, I dont know what Im gonna do   maybe gonna apply for reentry permit and see what happens.....worst case I lose $700, but I had to give up my studies in Europe in 2021, because of that ROC pending...and now the same thing is happening

 

but if they follow that rule you posted "A Reentry Permit issued to a conditional permanent resident is valid for 2 years from the date of issuance, or to the date the conditional permanent resident must apply for removal of the conditions on his or her status, whichever date comes first.' its really not valid, in my case, to apply for a RP

 

I read again, and I think what they meant is....that if I apply for RP with a 2 year green card...the RP will expire on the date the 2 year GC expires...this is what I understood reading again @Mike E

Edited March 30, 2023 by kpelo

[Mike E 11,723]

36 minutes ago, kpelo said:

even the ROC extension letter says to "apply for reentry permit if you want to stay outside for more than 12 months"...

Yes. But you are 2 years beyond RoC

 

37 minutes ago, kpelo said:

maybe gonna apply for reentry permit and see what happens.....worst case I lose $700

I-131 is unlikely to be adjudicated in time for your studies.

 

Return to the U.S. every 179 days or less.

[Allaboutwaiting 2,500]

2 hours ago, kpelo said:

well...at this point, what Im gonna try to go is to wait a little bit to see if ROC is approved until July ( when my German classes start ). If its approved Im gonna go ahead and apply for a reentry permit.....

You must apply for the reentry permit no fewer than 60 days before traveling. 

[kpelo 0]

On 3/30/2023 at 12:52 PM, Allaboutwaiting said:

You must apply for the reentry permit no fewer than 60 days before traveling. 

where did you find this information? I could not find nothing about the "60 days"rule... I just know that I have to be in the US for Fingerprints