kiwibecka

Thank you, and here's a little update for you.

Just thought I'd give you the link to what I started a while back.

My link

The main piece of info on it is the following:

This is what the lawyer we spoke to told us and suggested:

1. File the petition indicating your overseas address and a U.S. mailing address for the receipt notice. The case will be receipted and most likely USCIS will issue a Request for Evidence (RFE) seeking clarification of your residence and plans/intent to return to the U.S. If you respond that you are living abroad and cannot return for some time, then the petition will be placed on overseas hold until you return to the U.S. (using receipt notice as travel document/proof of status), and upon your return to the U.S. you and your spouse notify USCIS to have case released from overseas hold and biometrics scheduled for continued processing. The practice seems to be that when a foreign address is listed, USCIS is automatically issuing this RFE, but there is always the possibility that the agency will just automatically hold the petition and not issue the RFE, awaiting notification from you and your spouse of your return to the U.S.

2. File the petition with overseas address "Address" on the I-751 and listing U.S. mailing address "Mailing Address" for receipt. USCIS will issue RFE, to which you will respond that you and your spouse are willing to return to the U.S. for biometrics and the interview (if it is not waived). The experience in our firm has been that USCIS will schedule biometrics based on your representation that your wife is spouse to return. Your spouse would need to return to have his/her biometrics taken, and will need to return again if an interview is scheduled (you would need to attend as well).

3. File the petition listing a U.S. address as the "address" in Part 1 of the I-751 and only list your foreign address in your cover letter. The biometrics would automatically be scheduled, which your spouse would need to attend, and the case would not risk being put in "overseas hold." If an interview is scheduled, you would both need to return to attend.

Unless your spouse is unable to travel during your time abroad, in which case you should proceed with option 1, then I would recommend option 2. This way you are being forthcoming about living abroad, but at the same time advising USCIS of your willingness to return for biometrics and for the interview. The risk with this option is the possibility that USCIS places the petition on hold without issuing an RFE, which will require you to do some work to get it released. The third option has also been done successfully, but I prefer the second approach because it is more forthcoming. Residence is a relevant issue for I-751 determinations, so it's probably best to lay everything out clearly for USCIS.

Overall, our sense is that USCIS is very willing to adjudicate the I-751 petition so long as the beneficiary will return to the U.S. as required for biometrics and the interview.

I hope this is also useful for you. The person who wrote this did option 3 and had no problems and should have her new card soon. I am hoping to do option 2 and am just waiting for some response from USCIS.

Good luck and I'll let you know if I hear anything more.

I think this was a good idea LA. I got my travel document and moved overseas but have recently changed my address to our one here in Europe. I haven't received anything from them so far, but it will be interesting to see what happens in December when I try to get the conditions removed.

I'll keep you posted if I hear anything.

Hello,

When I applied, I did not say I was abroad. I used the US address where I was having my mail sent as my home address and my mailing address. I also listed that address as my husband's current address.

I already had a travel document so i did not apply for another.

No, I did not show any evidence of living abroad. I sent in our tax returns (we still filed US taxes), and bank and credit card statements which listed our US address. I also sent in evidence of our relationship - joint insurance, birth certificate for our son, pictures of us on vacation.

Good luck and let me know if you have any other questions.

Hi vny,

I am currently in the situation you are talking about. I have a lot of questions of my own but I can at least tell you how things are working out for us right now.

My husband and I left the US in February this year because my husband got a job at a university in Europe (contract is for 3 years). We therefore do not count for the military/govt exceptions others have mentioned. After a lot of careful consideration, I decided my best bet was to apply for the re-entry permit, which I now have. This permit allows me to be outside of the US for two years (it was also fairly painless to get). In the meantime, I need to apply for the conditions to be removed from my green card in December this year. So far, everything has worked out fine, although I guess you never know until you try to go back!

In applying for the re-entry permit, I was honest and said we would be away for 3 years but that we planned to return after that time, and I have also sent away my change of address form, putting our European address as the new address.

What I am not sure about and need to get further info on is whether or not I need to apply for the conditions to be removed while being in the US, or if I can do it from here. I looked at this stuff at the time I applied for the re-entry permit and I have some vague recollection of needing to be in the US at some point (perhaps for more biometrics?). I also can't remember what happens to my re-entry permit at the time of my conditions being removed. I may well have to apply for another one at the same time.

I will continue to look into this and will let you know what I find. In the meantime, I guess I'm left wondering whether letting this one go and re-applying for a ten year GC when we go back is more or less of a pain/expense? Our first baby is due in Sept too, which adds another little dilemma to the mix!

Let me know if I can be of any help to you anyway. And good luck for the job, we lived in Kyoto before moving to the US and absolutely loved it!

Thanks Tsup2,

Yes, you are right, I do/did want it both ways and didn't know that there was the 1 year rule. So I guess the answer is to let her GC expire and then if and when we decide to move back, go file another I-130 petition through the counsulate in Japan. BTW, I just saw on the website that I was selected for the position in Japan (yup, DOD civilian too at Yokosuka), so I guess we will have some of these issues to deal with soon. Oh well, such is life. Thanks everyone for your replies. Really appreciate it.

vny

Great, thanks LA!

Hi,

Yes, just file the I-131. I put the following: I will accompany my husband, (NAME) on his relocation assignment for (COMPANY NAME). He has been assigned to work for (COMPANY) in (COUNTRY NAME) for 2 years.

I sent in my application 10 days ago so I'm waiting for a receipt notice. I will keep you updated on how it goes.

Hi LA,

How are you getting on?

Can I ask you what you put on your I-131 form for the purpose of travel section? Did you put that your husband was working overseas?

I think I'm going to go ahead and file the 131 after all, just to be safe.

Thanks.

Good luck kiwi. I'll send in my info next week so I'll update you all on how things go.

Kiwi - keep a bank account in the US as well with your US address.

Thanks LA, that's a big help. I spoke to a lawyer but he wasn't anywhere near as helpful as this. I think I will also do option 3, although as we are renting our house here, we're going to have to use a family member's address & will only have that and tax returns to show. I hope that will be enough evidence that we want to return.

I feel the same way as Himher, I don't want to put this on hold...I think what I will do is this:

We leave US in Feb 2010 on return flights, come back June.

Submit I-751 in Dec 2010 (my 90 days) & return when biometrics appt is scheduled (I'm assuming that will be sometime between Dec-Mar when GC expires).

Return again once new GC is in hand (hopefully no more than 6months later) & apply for I-131, which should then cover me for the remaining 2 years we are away.

I know that at any point when I return I run the risk of being denied entry, but I guess I'll just have to take the risk. It seems crazy that USCIS don't make better allowances for people like us.

Meanwhile, I'm still trying to find where I read about being out of the country for more than 180 days. I think it said that if you're out beyond this time it puts a red flag on you or something. Anyway, if I find it again, I'll post it.

Good luck to everyone.

See original post - we do not file until next spring. It gives name, service date, job title, local (overseas) address, family members who also reside at that address, and an 800 number to call for further information. It also has some kind of a nice blue stamp on it. Correction to second post it is her VISA that states dependent status / not allowed to work.

The address that I will put on the forms is our US address - the same one our vehicles are registered at, phone bills go to, bank / CC statements go to, and tax return are referenced to. I do not wish that a hold be placed on our petition so we have scheduled 30-day leave starting (2) weeks after we file. If the biometrics do not fall within that 6-week frame or we cannot do biometrics early then she will have to stay, go to biometrics, and return after that is complete. If we are dinged for interview we will return and attend the interview together. Worst case is that we do not meet the requirements which means that when we do intend to return we will have to start over. It will save us much in state income taxes (taxes that otherwise would not have to be paid if my wife were a USC) which have to be filed even though I work overseas to maintain residency in our state.

Hi LA,

How are you getting on?

Can I ask you what you put on your I-131 form for the purpose of travel section? Did you put that your husband was working overseas?

I think I'm going to go ahead and file the 131 after all, just to be safe.

Thanks.

Good luck kiwi. I'll send in my info next week so I'll update you all on how things go.

Kiwi - keep a bank account in the US as well with your US address.

Thanks LA, that's a big help. I spoke to a lawyer but he wasn't anywhere near as helpful as this. I think I will also do option 3, although as we are renting our house here, we're going to have to use a family member's address & will only have that and tax returns to show. I hope that will be enough evidence that we want to return.

I feel the same way as Himher, I don't want to put this on hold...I think what I will do is this:

We leave US in Feb 2010 on return flights, come back June.

Submit I-751 in Dec 2010 (my 90 days) & return when biometrics appt is scheduled (I'm assuming that will be sometime between Dec-Mar when GC expires).

Return again once new GC is in hand (hopefully no more than 6months later) & apply for I-131, which should then cover me for the remaining 2 years we are away.

I know that at any point when I return I run the risk of being denied entry, but I guess I'll just have to take the risk. It seems crazy that USCIS don't make better allowances for people like us.

Meanwhile, I'm still trying to find where I read about being out of the country for more than 180 days. I think it said that if you're out beyond this time it puts a red flag on you or something. Anyway, if I find it again, I'll post it.

Good luck to everyone.

See original post - we do not file until next spring. It gives name, service date, job title, local (overseas) address, family members who also reside at that address, and an 800 number to call for further information. It also has some kind of a nice blue stamp on it. Correction to second post it is her VISA that states dependent status / not allowed to work.

The address that I will put on the forms is our US address - the same one our vehicles are registered at, phone bills go to, bank / CC statements go to, and tax return are referenced to. I do not wish that a hold be placed on our petition so we have scheduled 30-day leave starting (2) weeks after we file. If the biometrics do not fall within that 6-week frame or we cannot do biometrics early then she will have to stay, go to biometrics, and return after that is complete. If we are dinged for interview we will return and attend the interview together. Worst case is that we do not meet the requirements which means that when we do intend to return we will have to start over. It will save us much in state income taxes (taxes that otherwise would not have to be paid if my wife were a USC) which have to be filed even though I work overseas to maintain residency in our state.

Yes, I think it's that military one you may be thinking of there spirit.

Thanks LA, will def keep as much as possible open/current!

Thanks LA, that's a big help. I spoke to a lawyer but he wasn't anywhere near as helpful as this. I think I will also do option 3, although as we are renting our house here, we're going to have to use a family member's address & will only have that and tax returns to show. I hope that will be enough evidence that we want to return.

I feel the same way as Himher, I don't want to put this on hold...I think what I will do is this:

We leave US in Feb 2010 on return flights, come back June.

Submit I-751 in Dec 2010 (my 90 days) & return when biometrics appt is scheduled (I'm assuming that will be sometime between Dec-Mar when GC expires).

Return again once new GC is in hand (hopefully no more than 6months later) & apply for I-131, which should then cover me for the remaining 2 years we are away.

I know that at any point when I return I run the risk of being denied entry, but I guess I'll just have to take the risk. It seems crazy that USCIS don't make better allowances for people like us.

Meanwhile, I'm still trying to find where I read about being out of the country for more than 180 days. I think it said that if you're out beyond this time it puts a red flag on you or something. Anyway, if I find it again, I'll post it.

Good luck to everyone.

See original post - we do not file until next spring. It gives name, service date, job title, local (overseas) address, family members who also reside at that address, and an 800 number to call for further information. It also has some kind of a nice blue stamp on it. Correction to second post it is her VISA that states dependent status / not allowed to work.

The address that I will put on the forms is our US address - the same one our vehicles are registered at, phone bills go to, bank / CC statements go to, and tax return are referenced to. I do not wish that a hold be placed on our petition so we have scheduled 30-day leave starting (2) weeks after we file. If the biometrics do not fall within that 6-week frame or we cannot do biometrics early then she will have to stay, go to biometrics, and return after that is complete. If we are dinged for interview we will return and attend the interview together. Worst case is that we do not meet the requirements which means that when we do intend to return we will have to start over. It will save us much in state income taxes (taxes that otherwise would not have to be paid if my wife were a USC) which have to be filed even though I work overseas to maintain residency in our state.

Thanks Mozplay and LA, I appreciate your response.

LA, can you tell me a little more about your situation? What did you do when you moved, did you get the re-entry permit or did you make trips back to keep the GC active (I refer to the 180 day limit of being outside the US)? How much longer will you be overseas for? If you got the re-entry permit, what will you do once you have the conditions removed to keep the card active, as the same rules still apply?

I'm eager to hear what your lawyer has to say. I'm looking in to getting one myslef, will keep you posted.

Hi,

My husband (USA citizen) has just accepted a job overseas and by the time we leave I will be one year into my two year conditional green card. The job is for 3 years and then we want to come back here but I don't know how to keep my card when this is the case:

"A re-entry permit is generally valid for LPRs for a period of 2 years, EXCEPT if the LPR is a conditional LPR, then the re-entry permit is only valid up until the time a conditional PR has to remove conditions."

What happens then? Is that it for me being able to be overseas? I read somewhere that the re-entry permit cannot be renewed, is this correct? Is there something else I can get instead? What is a returning resident visa?

Am I better to to make a couple of trips back to the US until I can get the conditions removed, and then apply for the re-entry permit (by that point we'd be in the two year frame)?

I should also mention that my husband is not in the military or gov work.

I've tried to do as much research on this as possible but find my case might be a little unusual. Any help would be greatly appreciated.

I was in your position a year ago when we moved overseas. Like you, my husband is not in the govt or military. He works for a US company in one of their overseas' offices.

Since you have conditional residence, your travel document/re-entry permit will only be valid until the end of your conditional residence. So, if you waited to apply for it, would still expire on the date your conditional status expires - it won't be valid past that date.

I will be speaking with a lawyer from my husband's company next week about my options to remove Cr while overseas and I'll update you then. From everything I've gathered so far, it seems I'll just have to go back to do biometrics.

Let us know if you learn anything else.

bump

Hi,

My husband (USA citizen) has just accepted a job overseas and by the time we leave I will be one year into my two year conditional green card. The job is for 3 years and then we want to come back here but I don't know how to keep my card when this is the case:

"A re-entry permit is generally valid for LPRs for a period of 2 years, EXCEPT if the LPR is a conditional LPR, then the re-entry permit is only valid up until the time a conditional PR has to remove conditions."

What happens then? Is that it for me being able to be overseas? I read somewhere that the re-entry permit cannot be renewed, is this correct? Is there something else I can get instead? What is a returning resident visa?

Am I better to to make a couple of trips back to the US until I can get the conditions removed, and then apply for the re-entry permit (by that point we'd be in the two year frame)?

I should also mention that my husband is not in the military or gov work.

I've tried to do as much research on this as possible but find my case might be a little unusual. Any help would be greatly appreciated.

Hi,

My husband (USA citizen) has just accepted a job overseas and by the time we leave I will be one year into my two year conditional green card. The job is for 3 years and then we want to come back here but I don't know how to keep my card when this is the case:

"A re-entry permit is generally valid for LPRs for a period of 2 years, EXCEPT if the LPR is a conditional LPR, then the re-entry permit is only valid up until the time a conditional PR has to remove conditions."

What happens then? Is that it for me being able to be overseas? I read somewhere that the re-entry permit cannot be renewed, is this correct? Is there something else I can get instead? What is a returning resident visa?

Am I better to to make a couple of trips back to the US until I can get the conditions removed, and then apply for the re-entry permit (by that point we'd be in the two year frame)?

I should also mention that my husband is not in the military or gov work.

I've tried to do as much research on this as possible but find my case might be a little unusual. Any help would be greatly appreciated.

I knew it would come Maeve!!! CONGRATULATIONS

Congrats to all recent approvals

HUBBY'S GREEN CARD ARRIVED YESTERDAY!!!!!!

Nothing had changed on our online status, but it just magically showed up in the mailbox anyway!!!!

:dance: :dance:

I literally did a happy dance in the mail room. Thankfully there was no one else there

Rupa, I see you're at the top of the list now, but don't worry, look how similar our dates are. I'm sure your card is making it's way to you as I write this.

Keep thinking positive thoughts people. I told myself I'd get my card two weeks after envy, and I did. In fact it came 4 days earlier! So hang in there and keep sending USCIS positive vibes

Envy:

Thank you for the most beautiful list on VJ, it's been so helpful.

Good luck to all with interviews coming up in the next few weeks too.

Waiting, waiting, waiting.....hope GC comes soon. I called USCIS today and they filed an inquiry for me with CSC, said that I should hear in 45 days. Grrrr! . I really hope nothing is amiss at this point. I have heard nothing from them since it was transferred. I guess I'm officially outside the processing timelines now. Its annoying when they update their processing dates on line while people are still behind them.

OMG, OMG, OMG!!

We just got home and hubby handed me two letters. One was a 'welcome to the United States of America' letter (notice date March 9) and the other ~MY CARD~ (dated March 3) so no interview for me!

I knew it would come, and Maeve and others, I just know yours won't be far away. And trust me, it's such a great feeling.

I'm off to celebrate now but I'm gonna stick around on VJ to wait for your happy responses when the rest of you get yours too.

GOOD LUCK!!!

Congrats Alexpapa!!!

I just did a quick count up on the list of those still waiting to hear about interviews/cards, and it looks like there's 27 of us to go (I don't like being at the top )

Come on USCIS, we're almost there!

Good luck everyone, I hope they get us September filers finished up soon.

envy, thanks again for all the work on the table - it really helped a lot while waiting and I think everyone on here can benefit from seeing our times in such good detail and accuracy!

see you all in 21 months

Hey Maeve!

I'm glad I've still got you to hang around and wait with

I phoned USCIS last week and the woman said I had 108 days left to wait but that I should at least get an interview notice before then (if not the card). Anyway, I took from the conversation that while that's the time frame to wait, I should be hearing something long before then (fingers crossed, cos that's June 16th!).

Anyway, I've decided to work on the assumption that because envy_me got her EAD 2 weeks before me, that I'm going to get my AOS in 2 weeks, and you weren't far behind me getting your EAD I think, so I'll assume you'll get yours in a few weeks too, how does that sound?!!

Congrats to all the recent approvals!! It's all so exciting!!!

Just wondering...with all this AOS stuff, how does one know whether a case is outside processing times? The dates on the USCIS website are of no help, of course, and I hate to go through that annoying phone tree just to be spun in circles. The last letter we got from USCIS (after we were transferred to CSC) said to wait 180 days before contacting them, but 180 days from what??? With as many people who filed around the same time we did getting their GCs already, it *seems* like we're behind...but the whole system is so weird, who knows?

I was thinking of writing to our senator to see if this might speed things up...

Great news envy_me, congratulations you deserve it!

I'm so pleased to see that they are getting through us Sept filers now. Keep it coming USCIS.

jb_vj and j.kevs..

thanks and congrats to you two/too..

Thanks jb_vj! I know it's only a matter of time now.

Hi Kiwi...For us it was first a card production ordered email and a then followed by approval notice sent email. Received the Approval notice letter first and followed by the GC. Hang in there, you'll be rejoicing soon. Good Luck

Congratulations Slightly Bonkers & to everyone else getting interviews and cards!

I've just come back from holiday and have a quick question for all you lucky people getting cards without interviews.

Have you all been getting an email or some notification before getting the card in the mail, or is the card in the mail a complete surprise? Also are you all from CSC or from all over?

Thanks,

Kiwi

Wow, that all happened pretty fast then huh? That's great.

Thanks everyone.

Congratulations Slightly Bonkers & to everyone else getting interviews and cards!

I've just come back from holiday and have a quick question for all you lucky people getting cards without interviews.

Have you all been getting an email or some notification before getting the card in the mail, or is the card in the mail a complete surprise? Also are you all from CSC or from all over?

Thanks,

Kiwi

From my point of view, with no interview :

I got an email telling me my welcome to the US letter had been sent (02.20.09), my welcome to the US letter in the mail (02.23.09), an email telling me my card had been sent(02.24.09), and my GC in the mail (02.26.09).

My case was transfered to CSC at some point last year, sorry I don't have that email saved to say exactly when.

Congratulations Slightly Bonkers & to everyone else getting interviews and cards!

I've just come back from holiday and have a quick question for all you lucky people getting cards without interviews.

Have you all been getting an email or some notification before getting the card in the mail, or is the card in the mail a complete surprise? Also are you all from CSC or from all over?

Thanks,

Kiwi

GC in mailbox today!

Good luck to everyone still waiting!

Yip, this is exactly the same as what happened with me too.

Wish something more would happen but am (slowly) learning to be patient.

Right, I agree with you 'Nich-Nick'...When the status says "pending at the office", in the context below, it means CSC.

My take on the statement--

Current Status: This case is now pending at the office to which it was transferred.

My touches/updates told me the case was being transferred. Then two days later told me the above statement. I think the jargon means it was received by CSC and now is pending at CSC, ie the office to which it was transferred. It's a generic statement and I don't think they take the time to personalize your case.

If you were transferred to CSC you got an I797C form in snail mail (looks just like the NOA1 receipt) and it says

This is to advise you that in order to speed up processing we have transferred the above case to the following USCIS office for processing:

-- California Service Center, 2nd Floor, 24000 Avilla Road, Laguna Niguel, CA 92607-0111

They call that an office.

Question for Bluekiss: Did you get the snail mail transfer notice saying it went to CSC like described above? Then you got an interview notice?

I also had this problem a month or so ago and it lasted for ages. In the end I just made a new account with new password etc. Now I have two accounts.

Oh! really?! have you ever check your old account to see if it's working now?

The weird thing that it doesn't work only with our internet connexion... So for now we are checking my account with Damon phone, and it's working fine...

Hope they'll fix it soon!

Yeah, I can use them both now!

Congrats Gazarama

Also, I tried to log in to CRIS today and after the first attempt (and I entered the password correctly), the login failed and it said that my account was locked due to several unsuccessful attempts. It may be hard to believe this but I haven't even been on CRIS since Dec or Nov 08. How do I resolve this issue?

The same for me! it's been 3 days. I called two times uscis about that. and they told me they had problems and to contact the webmaster, which I did. But I just received an automated message from his office... and nothing happened since then. No news from him...

I also had this problem a month or so ago and it lasted for ages. In the end I just made a new account with new password etc. Now I have two accounts.

I have a question for those who took an infopass appointment in the past.

Its been two weeks that I try and there are never no appointments available...

Did you guys select : you need help on a case that already been filed. And then clicked on EAD inquiry.

OR

you need information and other services ?

When I do the first option there is no appointment but for the second one it looks like there is.

Should I just click on the second one. Cheat a little bit, but not really since what I want is info about what's the heck is going on?! lol

When I booked mine the woman who told me to make the booking told me to select information and other services. I also hadn't been able to make a booking for weeks and this way worked fine. They never mentioned anything to me about it at the interview either.

Good luck!

Thanks BH, and AlHayatZween!

I'm not sure. After I received my EAD, I went to the SS office and re-applied. The very helpful woman took my old SSN, a copy of my EAD, and gave me a receipt that I would receive my new SSN within 6 to 8 weeks. The receipt, she told me, could also be used as proof of a SSN if needed when applying for work.

If I am correct, you don't need to do anything with SSN after receiving EAD, it's only after receiving GC you need to go in to remove the "restriction" wordings on the SS card.

Hi everyone,

I have a question about my social security number. I was under the impression that once we receive our EAD we had to go into SSA and have something changed with our SSN, is this true?

I was told the other day at the infopass appointment I had to do this so I've been down to SS this morning and I was turned away because there was supposedly nothing that needs doing.

Who is right here? I'm very confused and annoyed and I'm hoping someone can help me before I have to call USCIS again and ask them for help.

Any thoughts would be much appreciated.

Kiwi

Thanks vb_vj

Hey BH,

Can you tell me why you went and did this? Did someone tell you to do it, or did you read it somewhere? Did you get the card within 6-8 weeks?

Thanks.