Husband Has 2-Year Job in Vietnam: Removal of Conditions Form I-751 + Reentry Permit Form I-131 Question

[JKLSemicolon 329]

2 hours ago, dusty_jewels said:

Of course, I would rather not give up the green card after all the pain we went through and money we paid to do it. 

Just wanted to add that this sounds a lot like the Sunk Cost Fallacy and you don’t want that to cloud your judgement. Try to lay out your alternatives objectively and weigh the pros and cons of each (this would be good to do during an attorney consultation if you end up getting one).

 

I am saying this having in our case gone through the K-1 process and starting the Adjustment of Status before cutting our losses and starting over with a CR-1 visa. When your circumstances change sometimes that merits re-evaluating the path forward.

[Redro 4,601]

1 hour ago, dusty_jewels said:

 

Thank you! This is really tricky. I've been told I can't reapply for the Reentry Permit once I am pending ROC and my 2 year green card has expired. But that would make sense as to the intent of staying in the US.

I had no idea the green card would be so black and white with such long processing times and little room for flexibility. Coming from Singapore, I've obviously been too privileged.

I'm prepared to now add my name to our car, open a bank account and very possibly open a functioning LLC to prove intent of staying. I was going to do it anyway but was just lazy on the 2 year green card.

Will also consult with lawyers. Thank you so much!

@JKLSemicolon has a good point about I407. You just have to think about the timing and your status in Vietnam and where the interview will take place.

Go to the interview too early in Vietnam and you might receive a 221g about your husband’s intent to return to the US (if he is still working in Vietnam). Leave it too late and you might not be able to stay in Vietnam if your visa there is dependent on your husband’s authorized stay in Vietnam… and again if your husband doesn’t return to the US before you, that might also cause issues. You might have to change the interview venue to Singapore. Additionally, you might need to obtain a joint sponsor if your husband isn’t earning any money in the US… (income from Vietnam doesn’t count)… 

 

Comparing costs of ROC vs abandoning GC. 

 

I131 reentry permit costs $630 (you might have to apply for it 3 times depending on the validity of the reentry permit) 

Before ROC $630

AFTER ROC is filed $630

Filing ROC- $750 

Then of course the cost of filing to the US twice a year… 

 

Filing i407 $0

new I130 $625

DS260 $325 

I864 $120

Green card $220

Optional B1/B2 application $185 

 

im sure you’re realizing deciding to move to Vietnam for a few years isn’t as simple as you thought it was… I tried to find some success stories on VJ of filing ROC and I131 at the same time but people asked the question and never came back to update the forum. So, if you do manage to work it out please come back and tell us what you did… 

 

 

 

 

Edited April 17 by Ryan H
Reason for edit: to remove double post

[dusty_jewels 5]

1 hour ago, Redro said:

@JKLSemicolon has a good point about I407. You just have to think about the timing and your status in Vietnam and where the interview will take place.

Go to the interview too early in Vietnam and you might receive a 221g about your husband’s intent to return to the US (if he is still working in Vietnam). Leave it too late and you might not be able to stay in Vietnam if your visa there is dependent on your husband’s authorized stay in Vietnam… and again if your husband doesn’t return to the US before you, that might also cause issues. You might have to change the interview venue to Singapore. Additionally, you might need to obtain a joint sponsor if your husband isn’t earning any money in the US… (income from Vietnam doesn’t count)… 

 

Comparing costs of ROC vs abandoning GC. 

 

I131 reentry permit costs $630 (you might have to apply for it 3 times depending on the validity of the reentry permit) 

Before ROC $630

AFTER ROC is filed $630

Filing ROC- $750 

Then of course the cost of filing to the US twice a year… 

 

Filing i407 $0

new I130 $625

DS260 $325 

I864 $120

Green card $220

Optional B1/B2 application $185 

 

im sure you’re realizing deciding to move to Vietnam for a few years isn’t as simple as you thought it was… I tried to find some success stories on VJ of filing ROC and I131 at the same time but people asked the question and never came back to update the forum. So, if you do manage to work it out please come back and tell us what you did… 

 

 

 

 

 

THANK YOU so much for such a thoughtful reply. You are right, actually it might be so much easier to just change the interview venue to Singapore if I decide to give up the green card.

 

You are also very very right about no success stores. I can't even find a success story where someone came back twice every year and were still allowed in... they don't say and no one updates!

 

So I don't know. And I don't think anyone truly knows (well, not the ones who successfully came back anyway, but they aren't saying anything.)

 

What I do know is that there are success stories of people who came back to the US after 2 years away without the Reentry Permit and were let in... heh... maybe that's the solution (probably won't do that.)

 

All of this really would be so much simpler if I had already applied for the ROC or got the 10 year green card. Sigh. But alas, I had to have the conditional one.

 

What I believe I can also do is prove as many ties to the US as possible, especially if I set up an LLC and pay corporate taxes, at CBP.

 

Another option would be me staying 3 months at a time when I return to the US, ensuring that I stay in the US 6 mths or 50% out of the year while also proving those ties.

 

I'll have to consult immigration lawyers and ask for success stories. I'll update!

Edited April 18 by dusty_jewels

[dusty_jewels 5]

1 hour ago, JKLSemicolon said:

Just wanted to add that this sounds a lot like the Sunk Cost Fallacy and you don’t want that to cloud your judgement. Try to lay out your alternatives objectively and weigh the pros and cons of each (this would be good to do during an attorney consultation if you end up getting one).

 

I am saying this having in our case gone through the K-1 process and starting the Adjustment of Status before cutting our losses and starting over with a CR-1 visa. When your circumstances change sometimes that merits re-evaluating the path forward.

 

I'm sorry you had to do that and I understand.

 

Over here, I'm thinking about having solid evidence regarding ties to the US as I believe they do totality of circumstances at CBP, and I'll consult the immigration lawyers if opening an LLC and paying corporate taxes is a strong tie.

 

Thank you SO much for your helpful reply.

 

I'll update!

Edited April 18 by dusty_jewels

[Family 3,549]

22 hours ago, dusty_jewels said:

believe this is the correct timeline where I can get everything approved safely, allowing me to stay in Vietnam for 2 years:
 

1. I fly off to Vietnam in August 2024

2. I get a family member in the US to send out my package for the Removal of Conditions on December 10th 2024 while I'm in Vietnam. I will have a physical address in the US.

3. I fly back to the US sometime in January 2025, under the 6 months red flag limit.

4. I should have gotten my Removal of Conditions filing receipt by then, and I can now safely apply for the 2 year Reentry Permit that should be now based on my pending 10 year green card right? I will also ask them to send the approved Permit to the US Embassy in Vietnam.

5. I wait for the Reentry Permit biometrics appointment.

6. I attend my biometrics appointment that's hopefully scheduled by March 2025.

7. I fly off to Vietnam.

8. I collect my Reentry Permit when it's approved at the US Embassy in Vietnam in late 2025 or early 2026.
    

Change your timeline as follows

1. Go as planned Aug 24.

Document disposition of big ticket items ( either storage or in family’s garage )

establish physical address w family in US on DL, bank , credit , SS , IRS . USCIS w AR-11 

Have family write up a letter stating you and spouse will be lodging /living w them for the duration of overseas contract . 

2. Fly back in Jan 25 and file I-751 . You will have receipt in 10 days or less , then file I-131 and you should have biometrics re use notice in a few days.

Mark both physical and mailing address for I-751 w US address at filing . . since you will be here at filing you will simplify the usual confusion . 
NOW include all the  evidence from item 1 and disclose Vietnam address as an OVERLAP on last page of I-751. 
 

You should be done in 2 to 3 weeks in January and don’t need to worry about coming back every six months .

After 11 months , if I-131 is not approved , start prodding USCIS and your congressman. 

 

 

Don’t bother w December filing . 
You will NOT be denied entry as long as your I-751 extension is valid ..so look at card and letter carefully .

 

[dusty_jewels 5]

29 minutes ago, Family said:

Change your timeline as follows

1. Go as planned Aug 24.

Document disposition of big ticket items ( either storage or in family’s garage )

establish physical address w family in US on DL, bank , credit , SS , IRS . USCIS w AR-11 

Have family write up a letter stating you and spouse will be lodging /living w them for the duration of overseas contract . 

2. Fly back in Jan 25 and file I-751 . You will have receipt in 10 days or less , then file I-131 and you should have biometrics re use notice in a few days.

Mark both physical and mailing address for I-751 w US address at filing . . since you will be here at filing you will simplify the usual confusion . 
NOW include all the  evidence from item 1 and disclose Vietnam address as an OVERLAP on last page of I-751. 
 

You should be done in 2 to 3 weeks in January and don’t need to worry about coming back every six months .

After 11 months , if I-131 is not approved , start prodding USCIS and your congressman. 

 

 

Don’t bother w December filing . 
You will NOT be denied entry as long as your I-751 extension is valid ..so look at card and letter carefully .

 

 

WOW! This is incredible, how do you know this? What magic...??

Can I clarify this part here?

 

Quote

2. Fly back in Jan 25 and file I-751 . You will have receipt in 10 days or less , then file I-131 and you should have biometrics re use notice in a few days.

 

All the research I've done imply that getting the I-751 filing receipt takes longer, and biometrics appointment for I-131 can take a few weeks. Do you know if the processing times have changed? You're saying biometrics reuse... is biometrics reuse actually possible and I DON'T have to go to a biometrics appointment?

 

I was prepared to drive 1hr 44mins to the nearest ASC with my mom-in-law and do the biometrics appointment again when scheduled.

 

Lastly, are you saying that showing the receipt of pending I-131 is good enough for the CBP, along with evidence of all the other ties to the US?

 

THANK YOU very much in advance if you answer these questions!

Edited April 18 by dusty_jewels

[Family 3,549]

1 minute ago, dusty_jewels said:

 

WOW! This is incredible, how do you know this? What magic...??

Can I clarify this part here?

 

 

All the research I've done imply that filing receipt takes longer, and biometrics for I-131 can take a few weeks. Do you know if the processing times have changed? Is biometrics reuse possible?

 

I was prepared to drive 1hr 44mins to the nearest ASC with my mom-in-law and do the biometrics appointment again when scheduled.

 

Lastly, are you saying that showing the receipt of pending I-131 is good enough for the CBP, along with evidence of all the other ties to the US? THANK YOU!

All things point to excellent speed w filing receipts. …this month is unusual due to fee increase .Make sure to pay filing fees w personal checks .

 

Set up a USCIS online account now and get familiar with tracking your cases. 
Biometrics re-use is now the rule, rather than the exception. ..likely will be reused for both filings

 

Yes, CBP will be impressed 😂

[dusty_jewels 5]

47 minutes ago, Family said:

All things point to excellent speed w filing receipts. …this month is unusual due to fee increase .Make sure to pay filing fees w personal checks .

 

Set up a USCIS online account now and get familiar with tracking your cases. 
Biometrics re-use is now the rule, rather than the exception. ..likely will be reused for both filings

 

Yes, CBP will be impressed 😂

 

This is amazing, and seriously, I'm guess you know this from observing current news and other people's success stories?

 

HOW are you so up to speed? Magic!

 

LOL yes we were scared out of our wits that credit cards might decline so we always wrote personal checks. So RIP to my poor husband's bank account because bless him, he's a teacher.

 

Great, I already have a USCIS online account that I was monitoring diligently. 👍

 

So they actually will re-use my biometrics from 2 years ago? How interesting!

 

Two last things, you said:

Quote

establish physical address w family in US on DL, bank , credit , SS , IRS . USCIS w AR-11 

 

Pardon my ignorance, but what is DL?

 

And you said:

Quote

Mark both physical and mailing address for I-751 w US address at filing . . since you will be here at filing you will simplify the usual confusion . 

I thought filing means mailing the forms in, do you mean that it's best to not file in Dec 2024 because I won't be in the US, but file everything when I'm actually back here so I can clarify if anything goes wrong?

 

THANK YOU SO MUCH!

Edited April 18 by dusty_jewels

[Family 3,549]

42 minutes ago, dusty_jewels said:

 

This is amazing, and seriously, I'm guess you know this from observing current news and other people's success stories?

 

HOW are you so up to speed? Magic!

 

LOL yes we were scared out of our wits that credit cards might decline so we always wrote personal checks. So RIP to my poor husband's bank account because bless him, he's a teacher.

 

Great, I already have a USCIS online account that I was monitoring diligently. 👍

 

So they actually will re-use my biometrics from 2 years ago? How interesting!

 

Two last things, you said:

 

Pardon my ignorance, but what is DL?

 

And you said:

I thought filing means mailing the forms in, do you mean that it's best to not file in Dec 2024 because I won't be in the US, but file everything when I'm actually back here so I can clarify if anything goes wrong?

 

THANK YOU SO MUCH!

DL is drivers license. 
‘Yes, file everything in Jan while you are in your US home ( w family) .

Regular folks, even teachers , do maintain more than one “ home “  and hop continents…even without trumpy or diddy big bucks  😂

 

You can include a request to expedite biometrics scheduling when you file the I-131 or call it in once you get the receipt notice. Of course , do wait to have the biometrics letter in hand before taking off. 
I have some hands on work experience. 

Edited April 18 by Family

[dusty_jewels 5]

21 minutes ago, Family said:

DL is drivers license. 
‘Yes, file everything in Jan while you are in your US home ( w family) .

Regular folks, even teachers , do maintain more than one “ home “  and hop continents…even without trumpy or diddy big bucks  😂

 

You can include a request to expedite biometrics scheduling when you file the I-131 or call it in once you get the receipt notice. Of course , do wait to have the biometrics letter in hand before taking off. 
I have some hands on work experience. 

 

Ah that should have been obvious... even more cultural differences because Singaporeans don't need to drive and so I can't drive. 😂

Great, I thought to expedite biometrics you have to have a really good reason but I'll put in that we have upcoming booked flights back to Vietnam. 👍

Thank you so much for everything, this was great and helped a LOT!

Edited April 18 by dusty_jewels

[Family 3,549]

5 minutes ago, dusty_jewels said:

don't need to drive and so I can't drive. 😂

No worries, driving is overrated 😂. Do change address on DMV ID