Catia&Sal

OP doesn't have a green card, just filed adjustment of status in June 2023.  

JUST FOR UPDATE:

Last Monday May 15th I went to Federal Plaza USCIS in NYC downton, in 15 min they put a stamp on my passport, 1 year validity.

Very fast and organized, and It allow me to leave without troubles.

Another good news is that I receveid an mail last week...I thought was the same thing, but no!

It's  about the I-90 application, I have appointment for the biometric exam  next Friday May 26.

Much faster than I imagined... USCIS website calculates about 4 months for biometrics, and 8 months for GC replacement,.

Eventually NYC offices are more efficient. 

Just to update:

last Friday (following your advices, thanks!) I called the USCIS, the lady on phone was very kind and told me in 3 days we will contact you to make an appointment. In fact, Tuesday they called on my phone and we talked about date and time for an appointment. After they sent me an email with the confirmation number, place and time, and all the details of documents to bring there. 

So I'm going to USCIS in NYC at Federal Plaza next Monday morning!

I hope everything will be fine.

Thank you for all the help and support.    

I've thought about this I-551, but was not very clear the way to obtein it, looked like the same that I had on my passport when I first entered to US after the interview. I'm afraid because not much time left, but today I'm calling the Uscis customer service. Thanks!

Good morning.

I have a problem, maybe it's not the biggest...

I went abroad last month, and on my way back I lost my Green Card. I only noticed it when I was at home, because I showed it together with my passport at the counter of Immigration at Newark Airport.

Assuming I've lost it on my way out from the airport, I asked the "lost and found" service, after going to the Police and signing my report, but no results.

Consequentially, a couple of days ago I filed a I-90 form for requesting a copy. It takes around 8 months to obtain a new document, and 4 months for a biometric appointment.

Considering that I should leave for Italy, and I already have a ticket to leave on July 17 and return on September 15, my question is: what to do?

It will be easy leaving to Italy in July, because I am returning to my country. But which document do I have to show when I come back?

I've been searching and searching on the USCIS website for two days, but so far no response... 

I hope you can give me an advice on the topic. Thanks in advance

"My I-94 record shows I arrived in the US that day even though I never even got on the plane."

Pay attention to this detail, it also happened to me in 2007, I was returning to Milan from New York, and at JFK airport they didn't remove the green passport label (if you remember the old system before Esta). So I emailed CPB and explained the situation. They gave me a physical address of CPB in London and asked me to return the green label and show some proof that I was really in Milan (I sent a registered letter with a credit card receipt from a Milan store and some evidence of my departure and that I was really in Italy).

Maybe my advice is useless because it is all electronic now, however take a look, you can prove that you are not gone.

8 hours ago, aaron2020 said:

Here is my advice.

 

Travel to the US in Feb 2021 to activate your green card status.

File the I-131 for a Reentry Permit.  Get your biometrics done in the US.  You can leave the US before your Reentry Permit is granted.  This will allow you to stay outside the US for up to 2 years without abandoning your green card status.

File your 2021 US tax return before April 15, 2022, and declare your Italian income.  You should probably get a qualified accountant for this and not a tax preparation service.

In June 2022, you can come back to the US to be with your husband full time without any problem with US immigration.

Best of luck.  

 

Hi Aaron, thanks for your advice, it was very helpful.

Now I'm looking at this link, it gave me a full view:

https://www.uscis.gov/green-card/after-we-grant-your-green-card/international-travel-as-a-permanent-resident ,

Filling up I-131 would be the best option and would allow me to stay out of the US longer, it just depends on how difficult the process will be (I'm pretty scared, getting the GC was a long tiring journey!). Certainly something to think about.

4 hours ago, pushbrk said:

"I got the green card for 10 years" and "provisional visa" are the source of confusion.  If your interpretation is correct, then your assessment of the issue is also correct.

Yes, right. After the interview they issued a Visa in my passport (similar to my old B2 visa) expiring in 6 months (I called it "provisional", maybe that's wrong). During that time I have to emigrate, I will become a Permanent Resident from the moment I cross the border ... and only then will I receive the GC.

28 minutes ago, Luckycuds said:

When you decided to immigrate to the USA you decided to make the USA your HOME, not a vacation destination. If you continually stay outside of the USA the immigration officer will pick up on it- they have a record of your travel in and out of the country- and you may eventually get sent to an immigration judge where you can lose your status. If you are not ready to immigrate to the USA yet unfortunately you should have held off on applying for a visa.  A greencard is for residency, not a glorified tourist visa, keep that in mind 🙂

Thank you for the answer, I know it's nt a joke... sure!

my husband is a US citizen but we have lived in Italy for many years, he moved to the US in 2016. I always lived and worked in Italy, and I will retire in June 2022, so I will be free to move permanently; next year I'm  planning  to apply for a part time from my office, in order to spend some months in US; so far since 2017 I've done this, and I've been back and forth, but now travelling is more difficult  due to Covid;

Obviously 2021 will be my last year of work, and I have to make a decision about how long to stay there, asking  for 6 months part time  and send the request to my office. 

I wanted to be sure of what I was doing, what consequences if next year I couldn't stay six months in the United States. 

I have a question, if anyone has experience:
I got the Green Card (for 10 years) now I have a provisional visa in my passport, and I have to move to the US by next February, I'm  planning to go in December.

To keep the Green Card, is it true that I physically have to be in the United States for at least 183 days each year, and I risk losing it if I stay fewer days?

How does it work, do they check how many days you are present?

Thank you in advance

5 hours ago, Bearslayer said:

I am a bit disoriented now about our next steps. Should we marry again, now in the US. Should I petition for her with I-130 now? I am very concern about my wife receiving a fair treatment at US Embassy in Prague, especially now after Embassy's misleading inconsistent instructions leading to 2 visa applications (B2 and B1) and instant B visa denial. I don't trust that Embassy, it lied to us, lead us to a trap and created unfavorable record. Embassy's efforts to prevent my wife from traveling to USA and killing her ESTA were overruled by CBP who issued B2 on US side. Going back to that Embassy for interview feels like a suicide mission. 

Should I rather apply now for my US citizenship first or do both applications simultaneously? I am glad that we now have a chance to establish some financial commingling during my wife's 90 day stay. But I am concerned about the next steps and best approach. I'd appreciate more advice.  

Happy to hear that you finally arrived to USA! doesn't matter which way, or how was hard (it was, sure), the important is the result. I have a suggestion,  please don't marry again (I mean, you can do if you like,  but  for Immigration it could only create confusion!) We had a second marriage in NY in 2016, because we thought it was a way to have shortly  the social security number, and it was absolutely useless! We have always always used our original certificate, as we married in Italy in 2009. Only you need a certificate translation, and to legalize it by Apostille. The most important thing is how long have you been married.  

On 9/17/2020 at 11:15 PM, HRQX said:

First you should check if her ESTA is still valid after B-1 denial. Call CBP's Traveler Communications Center at (202) 325-5120. If it's still valid, then she should book a trip to the US.

No. Airlines can contact CBP (through RCLG, for example) not the Embassy. CBP manages ESTA system. Follow London's tips: "Do not attempt to check in for your flight online if you have an ESTA registration." https://uk.usembassy.gov/information-for-nonimmigrant-visa-applicants-following-the-coronavirus-covid-19-outbreak/ Your wife should carry copies of documents that show your LPR status and your marriage.

On 9/17/2020 at 10:18 PM, Bearslayer said:

Does anyone have any experience with a situation similar to mine? I am a US permanent resident since 2001 and my wife is a Czech citizen. US Embassy is refusing to clear my wife to travel under ESTA even when all conditions are met and she is except from travel ban under PP9993. 

my situation was similar, I'm wife of a US citizen and I had a B2 Visa... June 21 I went to Rome airport and  they  refused to board me on the plane. So I wrote to CPB, but I didn't receive answers. My husband called directly CPB in JFK airport (it was my destination), and  they suggested to bring with me a copy of marriage certificate  and the copy of his passport: this time non problems, I was able to leave. I guess that  your wife shoud do this way, because you are in the exceptions of Trump proclamation. I don't think it's matter of Esta or B Visa, but you have to show clearly that your wife is in the exceptions. Good luck   

22 hours ago, Ollie7 said:

Wohoooo that's great, congrats!!! Did you have to provide any evidence of marriage, intent to return to your home country etc.?

 

Very happy for you

I brougt everything, but in Rome check-in  they looked only at US passport copy and marriage certificate, after took my luggages (the big one, but also the hand luggage - remind it!). JFK airport was empty, maybe 50 people in the plane, same security and temperature controls. 

14 hours ago, Catia&Sal said:

Thank you! Sure I will inform you. About B1/B2 Visa, I asked for 2 years ago, since my husband moved to NY I started to travel very often, it's the best solution if you are not resident yet.  

I made It! Now boarding in a few minutes. 

18 minutes ago, Ollie7 said:

Hey! Thanks for your message and I wish you the best of luck with your travel! It would be great if you could let me know how you get on, my spouse is also in New York so that is where I would be travelling to. I am sorry but I am not sure if you would need an ESTA if you already have a B1/B2 visa. This will be my first time in the US which is why I presume I need to apply for that (as I don't have a B1/B2 visa).

 

Again best of luck with your travels!!!

Thank you! Sure I will inform you. About B1/B2 Visa, I asked for 2 years ago, since my husband moved to NY I started to travel very often, it's the best solution if you are not resident yet.  

10 hours ago, Ollie7 said:

Hello! Thanks for your reply and sharing your experience. So just to confirm you have recently traveled into the US on an ESTA, and they let you enter as you are married and had the documents to prove this?

 

Cheers,

Ollie

10 hours ago, Ollie7 said:

Hello! Thanks for your reply and sharing your experience. So just to confirm you have recently traveled into the US on an ESTA, and they let you enter as you are married and had the documents to prove this?

 

Cheers,

Ollie

I'm in the same situation, and leaving tomorrow  from Rome to NY(I hope!). In fact my husband called CPB at NY JFK airport yesterday, and they told him the same, to bring his passport copy and our marriage certificate, and to go very early. As they suggested him,  I should ask to contact the local RCLG, if some problems. About Esta, do you think it's necessary? Because  I already have a B1/B2 Visa. 

2 minutes ago, Jorgedig said:

I get that.  However, postponing visa interviews can backfire also, from what we've seen here on VJ.  It could mean a much longer wait, depending on how many were in the queue after you.

No news yet, so I guess I will be back before interview (August 1st). Thank you

20 hours ago, Jorgedig said:

Really?  Yikes.  With the huge pandemic backup, I would think twice about that.

Hi Jorgedig! That's the point, without the pandemic, our Visa would have been approved already! Covid has slowed everything down. It's been four months since NVC's approval... But on June 3rd, Naples Consulate told us that the documents were still at NVC. Beyond that step, when Naples sends you the email, you still have a month, so if it arrived today (but I don't think so) the interview would probably be scheduled for the end of July. In the meantime, we haven't seen each other since February, we've been closed at home in smartworking for months, it's been hard. We've been married for 11 years, we lived together in Italy, soon I will move to US... but today, it's important to see each other and be together. 

19 minutes ago, JBF said:

I personally know an applicant with a CR1 that has had his appointment rescheduled recently. His appointment had been canceled, so my guess is that they’re scheduling appointments in order and yours should be next.

Well, thanks for the advice. Let's see if something comes in this week, otherwise I'll try to leave anyway, moving the ticket will be expensive. If the appointment should arrive while I am in NY, I will ask to postpone it when I return. After vaccinations, everything will be ready.

3 minutes ago, JBF said:

The consulate in Naples is rescheduling appointments for those with the spousal. I wouldn’t leave now, because they could send you an email with an appointment while you’re there. I would definitely wait. 

They' re not saying anything, weird situation...We wrote again last Monday. Anyway, on June 29th, I'm going to get my vaccinations...

Good morning
I have a B2 visa but I also have a IR1 Visa application pending.
NVC approved our application on March 12th, we are waiting for the interview at the Consulate in Naples, but there has been no further news. On June 3rd my husband asked for news to the Consulate, they answered him that the file was not yet in their records but still NVC, so they could not foresee the date of the interview.
So, considering we haven't seen each other for 5 months, I bought a ticket to NY. 
On June 21st I went to Rome airport showing my B2 Visa, but they wouldn't let me leave. I told them that my husband is a U.S. Citizen, but I didn't have any proof documents with me (I should be excluded from Trump's proclamation). I had to postpone my ticket leaving July 5th, and now I hope to leave. In the meantime (following the advice of Naples Consulate) I wrote to the CPB asking what evidence I need to bring to leave with peace of mind, but I'm still waiting for their answer.

I specify that I have a regular job in Italy (I am a civil servant of the Italian Government, currently in smart working, I still have that documentation of the B2 Visa), and that my intention is to stay in the U.S. for 4 weeks and then return to Italy (unless I get stuck on the return!) because I suppose the date of the interview will be set soon. 
Maybe from July 1st it will be easier to leave (opening of the borders beyond the Schengen area), but I would like to avoid a second refusal.
I thought to bring with me the marriage certificate (the one I legalized and attached to the Petition), and show it together with a copy of my husband's passport; 
I don't know if I should also bring the copy of the IR1 Visa approval, my idea is that showing too many things could be confusing.
I would like to have some suggestions, if any of you have been in this situation. 
Thank you.