re-entry permit expiring and further options

[Vabsmith 46]

On 11/3/2023 at 1:43 AM, Stuff2447 said:

  If you do not intend to return, she can file an I-407 to give up her residency and start over once you intent to actually live in the United States. The better plan would have been to not even sponsor her until you were both ready to actually live here. 

Thanks for you input. Plans change in life due to various reasons which is what happened in our case. What does the process of starting over LPR looks like? Would that new LPR also a conditional LPR ?

[OldUser 5,199]

1 hour ago, Vabsmith said:

Thanks for you input. Plans change in life due to various reasons which is what happened in our case. What does the process of starting over LPR looks like? Would that new LPR also a conditional LPR ?

If you abandon LPR, you need new case and new processing times depending on how things are going in the future. If you'rw getting LPR based on marriage that's over 2 years at the time of GC approval, it would be 10 year GC.

[Vabsmith 46]

"If you'rw getting LPR based on marriage that's over 2 years at the time of GC approval, it would be 10 year GC."

 

Thank you ! that helps. So with the 10 year valid GC  can she still apply for citizenship after living on green card for three years?

 

[milimelo 4,279]

27 minutes ago, Vabsmith said:

"If you'rw getting LPR based on marriage that's over 2 years at the time of GC approval, it would be 10 year GC."

 

Thank you ! that helps. So with the 10 year valid GC  can she still apply for citizenship after living on green card for three years?

 

Only if she's actually meeting the requirements for naturalization including the residency in the US.

[Vabsmith 46]

1 hour ago, milimelo said:

Only if she's actually meeting the requirements for naturalization including the residency in the US.

Thank you.

So going back to scenario 1- If we both return back to USA  before April 2024 ( that's when her 2 years GC expires) and start living in USA and file for I-751, would she be eligible to file for citizenship after living for one more year in USA that is say around April 2025?

[milimelo 4,279]

45 minutes ago, Vabsmith said:

Thank you.

So going back to scenario 1- If we both return back to USA  before April 2024 ( that's when her 2 years GC expires) and start living in USA and file for I-751, would she be eligible to file for citizenship after living for one more year in USA that is say around April 2025?

Only if she has actually resided in the US for the requisite period of time. If you up and left as soon as she received her green card, she hasn't resided in the US since becoming an LPR.

[Vabsmith 46]

2 hours ago, milimelo said:

Only if she has actually resided in the US for the requisite period of time. If you up and left as soon as she received her green card, she hasn't resided in the US since becoming an LPR.

So if I understand it right. If we start living in USA today then the spouse has to fulfill three years of continuous stay in the USA as a requirement to be eligible for filing for citizenship.? So is the purpose of filing I-751  only to get another green card for a  longer duration? 

[Vabsmith 46]

4 minutes ago, Vabsmith said:

So if I understand it right. If we start living in USA today then the spouse has to fulfill three years of continuous stay in the USA as a requirement to be eligible for filing for citizenship.? So is the purpose of filing I-751  only to get another green card for a  longer duration? Or does her valid re-entry permit help her to qualify for citizenship any sooner than three more years ?

 

[milimelo 4,279]

8 minutes ago, Vabsmith said:

So if I understand it right. If we start living in USA today then the spouse has to fulfill three years of continuous stay in the USA as a requirement to be eligible for filing for citizenship.? So is the purpose of filing I-751  only to get another green card for a  longer duration? 

The purpose of I-751 is to remove conditions of residency. Your marriage was under 2 years old when your wife received her green card - that's why the green card was for 2 years. You lift the residency conditions so she can get 10-yr green card which is unrestricted. 

All green cards regardless of type are to be legal permanent resident of the US. The expectation is you'll be living and working in the US. 

If you have never read the guide for new immigrants, now is the time to familiarize yourself with it: https://www.uscis.gov/sites/default/files/document/guides/M-618.pdf

 

 

[powerpuff 6,053]

15 minutes ago, Vabsmith said:

If we start living in USA today then the spouse has to fulfill three years of continuous stay in the USA as a requirement to be eligible for filing for citizenship.?

Correct. Lawful permanent resident AND 3 years of continuous residence in the US.

 

17 minutes ago, Vabsmith said:

So is the purpose of filing I-751  only to get another green card for a  longer duration? 

I-751 was introduced to combat immigration fraud through marriage (which is an ineffective strategy but that’s a whole other topic). In other words, if you can show your marriage was genuine, you’ll get a 10 year GC. Filing I-751 is not optional. It HAS to be done.

[Vabsmith 46]

13 minutes ago, powerpuff said:

Correct. Lawful permanent resident AND 3 years of continuous residence in the US.

 

I-751 was introduced to combat immigration fraud through marriage (which is an ineffective strategy but that’s a whole other topic). In other words, if you can show your marriage was genuine, you’ll get a 10 year GC. Filing I-751 is not optional. It HAS to be done.

Understood. So I-751 is only to get the 10 year GC and the eligibility for N-400 citizenship has a separate set of residency requirements. Time lived on re-entry permit out side of USA may not count towards the residency requirement ...

[powerpuff 6,053]

2 minutes ago, Vabsmith said:

Time lived on re-entry permit out side of USA may not count towards the residency requirement ...

It doesn’t count. I believe the only exception is spouses of active duty military 

[Lil bear 3,878]

9 hours ago, Vabsmith said:

Thanks for you input. Plans change in life due to various reasons which is what happened in our case. What does the process of starting over LPR looks like? Would that new LPR also a conditional LPR ?

After being married already for over 2 years.. If you need to apply for another  GC through an immigrant visa .. btw this is not an uncommon situation.. then the spouse will get an unconditional GC.  Current processing is 18-24 months. You can both the residing outside the US at the time of filing the I130.  For the next stage, NVC..  You.. the petitioner..  need to either be resident back in the US, or have compelling evidence showing intent to domicile together in the US.. also unless you have an overseas job now that will continue in the US, you will need joint sooner too need the financial requirements 

[Vabsmith 46]

On 11/24/2023 at 7:28 PM, Lil bear said:

After being married already for over 2 years.. If you need to apply for another  GC through an immigrant visa .. btw this is not an uncommon situation.. then the spouse will get an unconditional GC.  Current processing is 18-24 months. You can both the residing outside the US at the time of filing the I130.  For the next stage, NVC..  You.. the petitioner..  need to either be resident back in the US, or have compelling evidence showing intent to domicile together in the US.. also unless you have an overseas job now that will continue in the US, you will need joint sooner too need the financial requirements 

 

Thank you for the insight. Very useful. We certainly want to come back to live in the USA in two more years from today. Would filing a I-751 and traveling on the receipt of I-751 work? What happens to the bio metrics needed after I-751 is filed if we are not there physically?

[OldUser 5,199]

2 hours ago, Vabsmith said:

What happens to the bio metrics needed after I-751 is filed if we are not there physically?

The case will be denied.