Out of the country during lifting of condition

[felshen 0]

I am wondering if anyone knows whether it will affect my husbands I-751 petition if I am in Nigeria during his lifting process, I mean we have already filled all the forms and everything. All he has to do is mail it along with the documantation in April. I was just wondering if maybe there will be a need for me to be at the interview.. if he is given one, or if maybe a notorized letter with my passport and all the childrens passport and visa info for our trip will work showing that we are in Nigeria, which I am hoping will also proof of our relationship since our family will have traveled there to spend extensive time with the family there for at least a year. I will even be filing my taxes from over there and starting a business to build our base there.

[tweety 1]

Looks as if your problem would not be to proof your marriage, but to proof that you have indeed maintained residence in the US.

Read up here:

"Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

* Move to another country intending to live there permanently.

* Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

* Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

* Fail to file income tax returns while living outside of the US for any period.

* Declare yourself a “nonimmigrant” on your tax returns." (taken from: http://www.uscis.gov/portal/site/uscis/men...0045f3d6a1RCRD)

Has your husband already been out of country for one year? Does he have a reentry permit? Or is this all still in the planning and hypothetical?

[tweety 1]

BTW, from what you write it sounds as if you see your future in Nigeria - why do you even bother with the US greencard then? I'd save the money.

[eau_xplain 2]

Will your LPR husband be traveling with you? Since the removal of condition is a joint petition by your LPR husband and yourself, both of you will have to be at the interview. It is possible that your case won't be pulled for interview, but if it is, I would recommend that you make plans to be there.

Edited December 4, 2007 by eau_xplain

[felshen 0]

Sorry it took me so long to reply, I have been getting things organized for my trip. I am the USC my husband is a conditional resident and we will be lifting his conditions in April. My concern was whether I needed to be here with him to do it. I am really hoping we dont ger an interview since when we went to his AOS interview the CO said with all the info we left me may not have one. I was just wondering if by chance we did have one if I would have to be there as I hope to be in Naija with my mother in law allowing her to get to know the kids and getting some businesses going.

[diadromous mermaid 36]

Sorry it took me so long to reply, I have been getting things organized for my trip. I am the USC my husband is a conditional resident and we will be lifting his conditions in April. My concern was whether I needed to be here with him to do it. I am really hoping we dont ger an interview since when we went to his AOS interview the CO said with all the info we left me may not have one. I was just wondering if by chance we did have one if I would have to be there as I hope to be in Naija with my mother in law allowing her to get to know the kids and getting some businesses going.

If called, you will need to be there and no submission of passports etc in advance to show you are in that country would sway a decision to conduct an interview. However, the alien could ask that he be given ample time prior to the interview such that if you need to return, you will be able to arrange it. If you don't show up for his interview, after one has been scheduled = denial.

[felshen 0]

Sorry it took me so long to reply, I have been getting things organized for my trip. I am the USC my husband is a conditional resident and we will be lifting his conditions in April. My concern was whether I needed to be here with him to do it. I am really hoping we dont ger an interview since when we went to his AOS interview the CO said with all the info we left me may not have one. I was just wondering if by chance we did have one if I would have to be there as I hope to be in Naija with my mother in law allowing her to get to know the kids and getting some businesses going.

If called, you will need to be there and no submission of passports etc in advance to show you are in that country would sway a decision to conduct an interview. However, the alien could ask that he be given ample time prior to the interview such that if you need to return, you will be able to arrange it. If you don't show up for his interview, after one has been scheduled = denial.

Thanks for the info. Hopefully we wont have an interview but good to know that I will have time to get home if we do. How long after mailing the forms do you find out if you will have an interview?