trablus

DCF in that North African country embassy - your wife obviously abandonded her permanent residency as she was out of the country for 1+ years. All in all, shouldn't be more than a couple of months to IR-1 visa provided you satisfy residency requirement in that country - contact the US embassy for more info.

Dear Milimelo and others:

My wife originally went through the consular processing in 2006, and was granted her 2 year permanent residency.

She then moved to the U.S. in 2006 and lived there until we overstayed our vacation to North Africa, and have been overseas since March 2009.

In 2008, about six months before, we applied for the I-751 to remove conditions, and last week at my permanent residence in the U.S. I received a letter stating that we needed to submit additional evidence in order to remove conditions.

Question:

(1) If I submit all the evidence and then there in the U.S. they approve the green card, and mail it to our home in the U.S., will it be valid for her to use?

(2) How does the State Dept and USCIS determine or verify if one has overstayed or not, until they either return to the U.S. or reapply for an SB1 or start all over again?

(3) As for the SB-1 we would like to use it as, I have been offered a position in the States and my wife would like to continue in her studies, before we overstayed our vacation.

Any suggestions?

0

Your wife did not reside in the USA, so she can't remove conditions. As far as USCIS is concerned, she abandoned her residency and you will have to start over. The returning resident visa is just a way to travel to the US. There you will have to start the AOS process again. Another option is to file DCF from where you are. The result is the same: since you are married more than 2 years now, your wife will get an unrestricted Green Card this time, valid 10 years until it needs to be renewed.

Dear Bob:

My apologies, as I have failed to provide the full synopsis of our visa journey. My wife originally went through the consular processing in 2006, and was granted her 2 year permanent residency.

She then moved to the U.S. in 2006 and lived there until we overstayed our vacation to North Africa, and have been overseas since March 2009.

In 2008, about six months before, we applied for the I-751 to remove conditions, and last week at my permanent residence in the U.S. I received a letter stating that we needed to submit additional evidence in order to remove conditions.

Question:

(1) If I submit all the evidence and then there in the U.S. they approve the green card, and mail it to our home in the U.S., will it be valid for her to use?

(2) How does the State Dept and USCIS determine or verify if one has overstayed or not, until they either return to the U.S. or reapply for an SB1 or start all over again?

(3) As for the SB-1 we would like to use it as, I have been offered a position in the States and my wife would like to continue in her studies, before we overstayed our vacation.

Any suggestions?

Background:

My wife, child, and I were visiting family in North Africa, when I was able to find steady employment there, unlike in the U.S. where I used to work.

We have now been out of the U.S. since March 2009, and when we called to inquire with the U.S. consulate they stated that my wife would not be eligible to apply for the SB1 visa, as we should have returned back at least before the one year anniversary.

My wife had the 2 year permanent residency card, and we were waiting on the I-751 to be approved, and she had an ADIT stamp in her passport that was good only until the passport expired, which was in November 2009.

I was told that the SB-1 visa would apply for someone who is sick, or someone is caring for a parent, child, or sister/brother.

Now that the economic situation in the U.S. is better, we would like to return.

Any thoughts, on how to do this in the most efficient and effective matter.

Question:

(1) Is it not possible now to send the passport to an attorney to have the ADIT Stamp added again to her passport and resent to us in order for her to reenter?

(2) Also, the consulate officer in the U.S. Embassy stated that the SB1 is only used in critical situations as I mentioned above is that correct? I was under the impression that an economic recession would be a big reason why someone would have to leave...no job...no stability....

Thanks in advance...

I thank you all for your comments on the SB-1 Returning Resident Visa.

My wife, child, and I were visiting family in North Africa, when I was able to find steady employment there, unlike in the U.S. where I used to work.

We have now been out of the U.S. since March 2009, and when we called to inquire with the U.S. consulate they stated that my wife would not be eligible to apply for the SB1 visa, as we should have returned back at least before the one year anniversary.

My wife had the 2 year permanent residency card, and we were waiting on the I-751 to be approved, and she had an ADIT stamp in her passport that was good only until the passport expired, which was in November 2009.

I was told that the SB-1 visa would apply for someone who is sick, or someone is caring for a parent, child, or sister/brother.

Now that the economic situation in the U.S. is better, we would like to return.

Any thoughts, on how to do this in the most efficient and effective matter.

Did you ever receive a NOA from the Removal of Conditions application? I would take that, along with her passport and any other documentation showing your attempts to obtain the 10 year GC, to the closest Embassy or Consulate and explain the situation. If the stamp in her current passport expired and she has no extension letter or GC, it is highly unlikely they will allow her to enter the US.

I am moving this thread from General Immigration to the Removing Conditions forum.

Good luck.

Dear Krikit:

Yes, we did receive a NOA for the I-751, and they even called her in for biometric processing in 2007, when we lived at another residence.

The I-551 stamp in her passport stamped valid only for 5 months, as the passport expired in August 2009. Shortly thereafter we renewed the passport, and they simply provided an update on a renewal page within the same passport, renewing it for four more years.

I did contact and also went in person, and unfortunately there is no assistance they can provide as this function is under DHS-USCIS governance.

I will contact the U.S. Consulate in Rome and see what they tell me.

Thanks again!

There is one comment, you can apply for citizenship after 2 years and 9 months, but I think you are way past this point.

How long have you been outside the US? Be careful not to spend too much time outside the US.

At this point, when you return, you should just apply for naturalization and forget about your 10-year GC. When you file for natz, your ROC application will get forced to be approved. However, if you really want to tackle it, you can schedule an infopass appointment and get some answers there. Calling the USCIS service line never gets you anywhere.

If your wife's passport is valid, and your I-551 stamp is valid, then there should not be any problems getting back into the US.

Dear v333K:

Thank you for your reply, I do appreciate it.

(1) We have been outside of the U.S. for 10 months, and the reason was that I was employed with the U.N.

(2) Once we do return, within the next few weeks, we will assuredly go to the local USCIS office, and also investigate the status of the I-751.

In addition, since we have been out of the country for 10 months, I believe someone did post that the continuous residence restarts again, and if so, we will have to wait awhile before applying for naturalization.

(3) The passport was simply extended and is the same passport, but the I-551 stamp was only stamped valid for the 5 months duration of when the passport was originally valid, before we renewed it.

Will she be able to enter without any problems?

Thanks again for your help!

Hello everyone:

My wife and I applied for the I-751 application to remove conditions in 2008, and have still not heard back from USCIS.

Here are my questions:

(1) I contacted USCIS customer service, and they stated they are still processing the application, which not puts the total wait time at 2 years and seven months.

We also updated our address numerous times, but they still continued to have the wrong address on file, until they again stated they updated it.

Is it possible that the 10 year permanent residency card was returned and possibly ready for pickup at the local USCIS office?

(2) In addition, since I am a U.S. citizen, my wife should be able to apply for U.S. citizenship after 2 years and six months of being a permanent resident, while we are married.

Since we are overseas now we have decided to wait until our return.

We had planned to apply but decided not to make the situation anymore difficult by just waiting for the 10 year permanent residency card.

In March 2009, we decided to go for a vacation to visit family overseas, and went to the local USCIS office to have them stamp her passport with the I-551 stamp, to ensure ease of travel. We asked them that since her passport was soon to expire in 6 months, what could we do if we were still overseas?

They stated that you could send the passport back, and have a relative get a renewal stamp.

Is this correct?

(3) We have been overseas now for 10 months because of a work opportunity that I had, and now have plans to return within the next two weeks. As I mentioned in the last question the temporary stamp in her passport was only valid until the expiration of the passport.

She has since gotten her passport expiration extended for four years, and is using the same passport, but could we travel with it as is back to the U.S.?

(4) Or is there a possibility that she may be denied entry at the airport?

I look forward to your assistance in this matter, and thank you very much in advance!

Trablus

Hello everyone:

I hope you are all doing well, I have a question to ask, and I am in dire need of assistance.

We applied for the I-751 Conditions to Remove the Conditions of Residence for my wife a few months late in 2008. In any case we obtained a receipt notice, but the USCIS issued two different receipt numbers.

Upon calling them the customer service rep notified me that only one is correct.

At that time I also moved to another city within the same state, but changed my address online and via mail. Before our move my wife was called in for fingerprinting and signs were showing that her 10 year permanent residency card was to arrive.

So after moving and making the formal change of address request, with the economy the way it was, I received a job offer overseas, after visiting family.

Before leaving my wife, with her initial permanent residency card expired, was given a temporary stamp in her foreign passport for travel.

Here are my questions:

(1) We are still overseas, and now her passport has expired, and her temporary stamp will no longer be valid.

Thus, we are soon to renew her passport, and send it back to the US to get the temporary stamp again, so that we can return for a short trip to the States.

Is this the best option at this time?

(2) Also, should I send a formal letter to the Texas Service Center or the local field office to see if perhaps the 10 year permanent residency card was sent, but came back undeliverable?

(3) Since we will be overseas, and my wife has been a permanent resident since 2006, and should have received her 10 year permanent residency card recently, what should we do on this front?

(4) Should we apply I-191 or the I-131?

(5) Also, since we have technically been married for over 3 years, and a Permanent Resident married to a U.S. Citizen may apply after 2 1/2 years, can my wife apply for Naturalization?

(6) This could be tricky since we have been outside the country for over 6 months, due to employment reasons, any advice?

Thanks in advance!

Hello everyone:

I hope you are all doing well, I have a question to ask, and I am in dire need of assistance.

We applied for the I-751 Conditions to Remove the Conditions of Residence for my wife a few months late in 2008. In any case we obtained a receipt notice, but the USCIS issued two different receipt numbers.

Upon calling them the customer service rep notified me that only one is correct.

At that time I also moved to another city within the same state, but changed my address online and via mail. Before our move my wife was called in for fingerprinting and signs were showing that her 10 year permanent residency card was to arrive.

So after moving and making the formal change of address request, with the economy the way it was, I received a job offer overseas, after visiting family.

Before leaving my wife, with her initial permanent residency card expired, was given a temporary stamp in her foreign passport for travel.

Here are my questions:

(1) We are still overseas, and now her passport has expired, and her temporary stamp will no longer be valid.

Thus, we are soon to renew her passport, and send it back to the US to get the temporary stamp again, so that we can return for a short trip to the States.

Is this the best option at this time?

(2) Also, should I send a formal letter to the Texas Service Center or the local field office to see if perhaps the 10 year permanent residency card was sent, but came back undeliverable?

(3) Since we will be overseas, and my wife has been a permanent resident since 2006, and should have received her 10 year permanent residency card recently, what should we do on this front?

(4) Should we apply I-191 or the I-131?

(5) Also, since we have technically been married for over 3 years, and a Permanent Resident married to a U.S. Citizen may apply after 2 1/2 years, can my wife apply for Naturalization?

(6) This could be tricky since we have been outside the country for over 6 months, due to employment reasons, any advice?

Thanks in advance!

Hello everyone:

I hope you are all doing well, I have a question to ask, and I am in dire need of assistance.

We applied for the I-751 Conditions to Remove the Conditions of Residence for my wife a few months late in 2008. In any case we obtained a receipt notice, but the USCIS issued two different receipt numbers.

Upon calling them the customer service rep notified me that only one is correct.

At that time I also moved to another city within the same state, but changed my address online and via mail. Before our move my wife was called in for fingerprinting and signs were showing that her 10 year permanent residency card was to arrive.

So after moving and making the formal change of address request, with the economy the way it was, I received a job offer overseas, after visiting family.

Before leaving my wife, with her initial permanent residency card expired, was given a temporary stamp in her foreign passport for travel.

Here are my questions:

(1) We are still overseas, and now her passport has expired, and her temporary stamp will no longer be valid.

Thus, we are soon to renew her passport, and send it back to the US to get the temporary stamp again, so that we can return for a short trip to the States.

Is this the best option at this time?

(2) Also, should I send a formal letter to the Texas Service Center or the local field office to see if perhaps the 10 year permanent residency card was sent, but came back undeliverable?

(3) Since we will be overseas, and my wife has been a permanent resident since 2006, and should have received her 10 year permanent residency card recently, what should we do on this front?

(4) Should we apply I-191 or the I-131?

(5) Also, since we have technically been married for over 3 years, and a Permanent Resident married to a U.S. Citizen may apply after 2 1/2 years, can my wife apply for Naturalization?

(6) This could be tricky since we have been outside the country for over 6 months, due to employment reasons, any advice?

Thanks in advance!

Welcome,

I can only tell you what we have done. Got married in the USA, I am staying for 176 days, filed for Spousal Visa CR-1 while I am here. Returning to Canada to wait for visa - January 3, 2009. After waiting 7 years, I am not willing to risk any delay or possible ban on entering the USA. I contact brsdcanada here at VJ, and he offered sound advise regarding staying in USA and adjusting status.

Janet

The sooner he files the sooner you can come legally, and yes the CR-1 is the better visa - except for the trip to Montreal to attend the interview.

Good luck in your journey to be with your loved one.

Janet

Thanks for all the help, everyone.

At this point, I am in the US with the intention to return back to Canada once the vistor's visa I have expires. If I filed for a CR-1 within the next week, would the issue of the intent of my travel to the US still be an issue? or do I need to return to Canada and then file for the CR-1?

Thank you Carlawala! I appreciate your kind words.

What is your advice on the following:

Why does visajourney.com post the following info:

http://www.visajourney.com/forums/index.ph...page=i130guide2

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

This is quite contrary to what USCIS states, see below.

(5) According to the USCIS:

According to the PDF from the government located at:

http://www.uscis.gov/files/article/A1eng.pdf

Can my relative wait in the United States until becoming

a permanent resident?

No. If your relative is outside the United States, filing an I-130 does

not allow your relative to live or work in the United States. An I-130

petition only establishes your relationship with your relative. Your

relative should wait outside the United States to immigrate legally.

If your husband or wife, unmarried child under 21 years, or parent

is already in the United States after having entered legally, they can

apply to adjust their status to permanent resident at the same time

you file their I-130 petition.gov.

(1) As a Canadian, do I not have the privilege of entering the U.S. and staying for up to six months without a visa? Yes

(2) I did make a return back to Canada, before my six months were up, and then returned back to the States, was this alright? Not entirely

(3) Now that I am in the U.S. may my husband go ahead and apply for the I-130 simultaneously with the I-485, I-131, and I-765? no, you were married in Canada, you will have to return to Canada and petition and apply for CR1 visa. If you wanted to stay and adjust status based on marriage, you should have had your ceremony in the US instead. At this point, you now are a visitor with immigrant intent, which is grounds for denial of AOS and deportation. If your AOS is denied, you have NO basis for appeal. None, nada zip zilch.

(4) If we should not apply is my only option to return back to Canada, have my husband apply for the I-130, and then once approved apply for the I-129F (K3) visa? I wouldn't bother with the K3 these days. CR1 is taking about the same amount of time, and is the cheaper superior visa when all said and done

Thank you very much!

I have a followup question:

Why does visajourney.com post the following info:

http://www.visajourney.com/forums/index.ph...page=i130guide2

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

This is quite contrary to what USCIS states, see below.

(5) According to the USCIS:

According to the PDF from the government located at:

http://www.uscis.gov/files/article/A1eng.pdf

Can my relative wait in the United States until becoming

a permanent resident?

No. If your relative is outside the United States, filing an I-130 does

not allow your relative to live or work in the United States. An I-130

petition only establishes your relationship with your relative. Your

relative should wait outside the United States to immigrate legally.

If your husband or wife, unmarried child under 21 years, or parent

is already in the United States after having entered legally, they can

apply to adjust their status to permanent resident at the same time

you file their I-130 petition.gov.

Hello everyone:

I would appreciate any assistance I could obtain you could provide. I married my husband in May 2008 in Canada. After marrying him, I traveled back with him by first entering the border near Seattle and we flew back to where we currently live in California.

I then recently left to go back to Canada to visit my parents and came back after a week via the border, and then flew out of Seattle to California.

Here are my questions:

(1) As a Canadian, do I not have the privilege of entering the U.S. and staying for up to six months without a visa?

(2) I did make a return back to Canada, before my six months were up, and then returned back to the States, was this alright?

(3) Now that I am in the U.S. may my husband go ahead and apply for the I-130 simultaneously with the I-485, I-131, and I-765?

(4) If we should not apply is my only option to return back to Canada, have my husband apply for the I-130, and then once approved apply for the I-129F (K3) visa?

Thank you in advance for your help.

Dear Ling Ling:

What about the following:

Why does visajourney.com post the following info:

http://www.visajourney.com/forums/index.ph...page=i130guide2

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

This is quite contrary to what USCIS states, see below.

(5) According to the USCIS:

According to the PDF from the government located at:

http://www.uscis.gov/files/article/A1eng.pdf

Can my relative wait in the United States until becoming

a permanent resident?

No. If your relative is outside the United States, filing an I-130 does

not allow your relative to live or work in the United States. An I-130

petition only establishes your relationship with your relative. Your

relative should wait outside the United States to immigrate legally.

If your husband or wife, unmarried child under 21 years, or parent

is already in the United States after having entered legally, they can

apply to adjust their status to permanent resident at the same time

you file their I-130 petition.gov.

Hello everyone:

I would appreciate any assistance I could obtain you could provide. I married my husband in May 2008 in Canada. After marrying him, I traveled back with him by first entering the border near Seattle and we flew back to where we currently live in California.

I then recently left to go back to Canada to visit my parents and came back after a week via the border, and then flew out of Seattle to California.

Here are my questions:

(1) As a Canadian, do I not have the privilege of entering the U.S. and staying for up to six months without a visa?

(2) I did make a return back to Canada, before my six months were up, and then returned back to the States, was this alright?

(3) Now that I am in the U.S. may my husband go ahead and apply for the I-130 simultaneously with the I-485, I-131, and I-765?

(4) If we should not apply is my only option to return back to Canada, have my husband apply for the I-130, and then once approved apply for the I-129F (K3) visa?

Thank you in advance for your help.

Thanks Twilighter for your help! Yet here are a few additional questions:

(1) Do you think I will be okay, even though I did not apply until now?

(2) How did you enter the U.S.?

(3) Does the Immigration Service inquire much on how you entered or if you returned?

(4) Why does visajourney.com post the following info:

http://www.visajourney.com/forums/index.ph...page=i130guide2

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

This is quite contrary to what USCIS states, see below.

(5) According to the USCIS:

According to the PDF from the government located at:

http://www.uscis.gov/files/article/A1eng.pdf

Can my relative wait in the United States until becoming

a permanent resident?

No. If your relative is outside the United States, filing an I-130 does

not allow your relative to live or work in the United States. An I-130

petition only establishes your relationship with your relative. Your

relative should wait outside the United States to immigrate legally.

If your husband or wife, unmarried child under 21 years, or parent

is already in the United States after having entered legally, they can

apply to adjust their status to permanent resident at the same time

you file their I-130 petition.gov.

I will go ahead and send my application shortly, and hope for the best.

Hello everyone:

I would appreciate any assistance I could obtain you could provide. I married my husband in May 2008 in Canada. After marrying him, I traveled back with him by first entering the border near Seattle and we flew back to where we currently live in California.

I then recently left to go back to Canada to visit my parents and came back after a week via the border, and then flew out of Seattle to California.

Here are my questions:

(1) As a Canadian, do I not have the privilege of entering the U.S. and staying for up to six months without a visa?

(2) I did make a return back to Canada, before my six months were up, and then returned back to the States, was this alright?

(3) Now that I am in the U.S. may my husband go ahead and apply for the I-130 simultaneously with the I-485, I-131, and I-765?

(4) If we should not apply is my only option to return back to Canada, have my husband apply for the I-130, and then once approved apply for the I-129F (K3) visa?

Thank you in advance for your help.

Thanks Twilighter for your help! Yet here are a few additional questions:

(1) Do you think I will be okay, even though I did not apply until now?

(2) How did you enter the U.S.?

(3) Does the Immigration Service inquire much on how you entered or if you returned?

(4) Why does visajourney.com post the following info:

http://www.visajourney.com/forums/index.ph...page=i130guide2

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

This is quite contrary to what USCIS states, see below.

(5) According to the USCIS:

According to the PDF from the government located at:

http://www.uscis.gov/files/article/A1eng.pdf

Can my relative wait in the United States until becoming

a permanent resident?

No. If your relative is outside the United States, filing an I-130 does

not allow your relative to live or work in the United States. An I-130

petition only establishes your relationship with your relative. Your

relative should wait outside the United States to immigrate legally.

If your husband or wife, unmarried child under 21 years, or parent

is already in the United States after having entered legally, they can

apply to adjust their status to permanent resident at the same time

you file their I-130 petition.gov.

I will go ahead and send my application shortly, and hope for the best.

Hello everyone:

I would appreciate any assistance I could obtain you could provide. I married my husband in May 2008 in Canada. After marrying him, I traveled back with him by first entering the border near Seattle and we flew back to where we currently live in California.

I then recently left to go back to Canada to visit my parents and came back after a week via the border, and then flew out of Seattle to California.

Here are my questions:

(1) As a Canadian, do I not have the privilege of entering the U.S. and staying for up to six months without a visa?

(2) I did make a return back to Canada, before my six months were up, and then returned back to the States, was this alright?

(3) Now that I am in the U.S. may my husband go ahead and apply for the I-130 simultaneously with the I-485, I-131, and I-765?

(4) If we should not apply is my only option to return back to Canada, have my husband apply for the I-130, and then once approved apply for the I-129F (K3) visa?

Thank you in advance for your help.

Hello everyone:

I would appreciate any assistance I could obtain you could provide. I married my husband in May 2008 in Canada. After marrying him, I traveled back with him by first entering the border near Seattle and we flew back to where we currently live in California.

I then recently left to go back to Canada to visit my parents and came back after a week via the border, and then flew out of Seattle to California.

Here are my questions:

(1) As a Canadian, do I not have the privilege of entering the U.S. and staying for up to six months without a visa?

(2) I did make a return back to Canada, before my six months were up, and then returned back to the States, was this alright?

(3) Now that I am in the U.S. may my husband go ahead and apply for the I-130 simultaneously with the I-485, I-131, and I-765?

(4) If we should not apply is my only option to return back to Canada, have my husband apply for the I-130, and then once approved apply for the I-129F (K3) visa?

Thank you in advance for your help.