Hello, I'm a French citizen who's been married to a US servicemember since 2004. I have a green card. We own a house in the US that we are currently renting, because the US Navy sent my husband to a base overseas for 3 years. I sent everything to request my re-entry approval document before leaving in March 2007. I just got a paper in the mail today that states that they need more evidence, and gave me a deadline of May 23, 2007. Obviously the deadline is way past, but I just got the letter today (even though it was postmarked Feb 28). I do not know what to do - I'm assuming my case is denied since I wasn't able to produce the evidence requested on time, the money I sent them is lost, and I can't reapply since I live overseas. Does anyone know of any special circumstances for people married to someone in the military? Obviously the reason I had to leave the US (only temporarily, since we plan on returning to our house in 3 years) was outside of my control and dictated by the military... If my case is denied and I can't reapply, I suppose my only option at this point is to make sure I pay for a ticket to go back to the US before March 2008 for a visit... expensive, but if that's my only option I will do that. Does anyone know what qualifies as "US" for the purpose of that one-year period? ie, if I go to a US territory (US Virgin Islands, Guam, etc) within a year, would that be ok or do I need to go to an actual US state? Thanks for your help!
1) respond to the request for additional evidence, though late, supplementing my response with the bonafides of my spouse's deployment and with a statement about the real and actual circumstances surrounding my belated communication;
2) instead of the territories, I would enter into Hawaii, if need be; and
3) take care of my mail forwarding mechanism so that the same problem doesn't happen again in the future.
What money you said was lost?
___________________________________________________________________ "The letter of the law is a sword that killeth; its intent is a spirit that giveth life."
Thank you! I will do that. I can easily send documentation on his deployment and orders that show that we are stationed abroad with the military. The money I was referring to is just the fee that I paid when I sent the paperwork to USCIS. I'm assuming if they deny my case, they will keep the money, correct? Thank you very much for the insights!
Oh, you mean your Form I-131 filing fee. Hahaha, it's gone and it's gone for good. Once your application/petition has been accepted/receipted by the USCIS, and whether it's a positive or a negative OUTCOME afterwards, your fees become the government's positive INCOME!
___________________________________________________________________ "The letter of the law is a sword that killeth; its intent is a spirit that giveth life."
2)I don't think you will have any difficulty straightening this issue out.
As US Navy spouse, I beleive you are allowed to stay outside of US for longer periods of time and are not subject to "LPR abandonment" rules that generally apply to spouses of non-governmental employees.
3)If there is a US Consulate nearby your current location, you could simply go there and ask for assistance/advise.
If your case is not denied yet (with an access to internet you may check the current status of your case at USCIS website) then it makes sense to call USCIS and speak to an Officer at the Center where your application is processed (there are prompts that allow you to be transfered to an speak to an Officer).
Well, I just got off the phone with USCIS and the answer was "no extension... the deadline's the deadline, misplaced mail or not - no exceptions!" I don't know that I can afford to go back to the US every 12 months. I probably will go back a few times while we're stationed overseas, but I don't know that it will be at least once every 12 months... tickets are expensive and my husband is on deployment more than half of the year, each year. I now need to look into whether being in Guam would count as me being in the US. I can definitely get there easily once every 12 months (possibly for free if I fly space-A with the military). The USCIS lady told me Guam would be fine, but USCIS representatives have given me erroneous information in the past (the first time I called about this issue, I was told that since I was traveling with my husband being stationed overseas, the reentry permit requirement didn't apply... I called again just to make sure and it turns out I did need it!) so I always have to double-check the info they give me!
Originally posted by GreenCard77: Hello, I'm a French citizen who's been married to a US servicemember since 2004. I have a green card. We own a house in the US that we are currently renting, because the US Navy sent my husband to a base overseas for 3 years. I sent everything to request my re-entry approval document before leaving in March 2007. I just got a paper in the mail today that states that they need more evidence, and gave me a deadline of May 23, 2007. Obviously the deadline is way past, but I just got the letter today (even though it was postmarked Feb 28). I do not know what to do - I'm assuming my case is denied since I wasn't able to produce the evidence requested on time, the money I sent them is lost, and I can't reapply since I live overseas. Does anyone know of any special circumstances for people married to someone in the military? Obviously the reason I had to leave the US (only temporarily, since we plan on returning to our house in 3 years) was outside of my control and dictated by the military... If my case is denied and I can't reapply, I suppose my only option at this point is to make sure I pay for a ticket to go back to the US before March 2008 for a visit... expensive, but if that's my only option I will do that. Does anyone know what qualifies as "US" for the purpose of that one-year period? ie, if I go to a US territory (US Virgin Islands, Guam, etc) within a year, would that be ok or do I need to go to an actual US state? Thanks for your help!
Did the initial evidence include any information that your spouse is in the military with his/her current orders being stationed abroad? If the answer is no, then that is the evidence they are looking for. If the answer is yes, then they need info on why you are with your husband and not in the US working. If you married your husband while in your home country being stationed abroad, then the green card should noth have been issued in the first place. Consular office made the mistake and it won't be the first time.
"Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre
hmmm... I believe his military status was mentioned in the paperwork. If they would like to know why I am with my husband rather than in the US, I truly don't know what to tell them other than I don't want to be apart from my husband for 3 years (nor can we financially afford to have two homes for 3 years!) The USCIS always surprises me... if they want to verify the validity of a marriage that leads to a green card, wouldn't they want the wife to be with the husband? I would think that if I had decided to be apart from my husband for 3 years, then they should question my green card, not the other way around! We did get married in the US, where I've lived for the past 10 years (first on a workers' visa then on a green card). Thanks again for all the help!
Originally posted by GreenCard77: ..the first time I called about this issue, I was told that since I was traveling with my husband being stationed overseas, the reentry permit requirement didn't apply... I called again just to make sure and it turns out I did need it!) so I always have to double-check the info they give me!
what made you think the second answer was a correct one?
GC77, go with your questions to JAG. They know what your rights are and what, if anything, needs to be done.
GreenCard77: Are you sure that you need a reentry permit? If you're posted overseas with your active-military husband, then I doubt that it's considered that you're overseas. There are special rules for military situations...as there should be.
I'm almost certain that American military bases overseas are considered as sovereign U.S. territory...especially as far as USCIS is concerned.
The last time I talked to base legal (our last base in the US), they didn't know the answer, but I will go again now that we are at the base overseas. You are right, they have probably dealt with this before and would know the answer. I honestly have no clue whether I need the reentry permit. I figured I was better safe than sorry since some USCIS reps told me I needed it. It seems every time I talk to someone different at USCIS I get a different answer. I was actually amused when one of the USCIS representatives suggested I go talk to the JAG on base... because if USCIS people don't know the answer better than everyone else, who will? The legal officer on base (back in the US) ended up having to call the USCIS... and couldn't get a straight answer either. I'll stop by the JAG office tomorrow!
The best thing to do is to consult with an immigration attorney. There are many web sites who provide immigration advice through their regular chat session.
You may look for an attorney and before appointing one, request them that how many cases like this dealt by them in the past.
Also check with them how fast they will reply back to your questions / concerns.
Well, I went to the JAG office a few days ago and was assured that I did not need a re-entry permit because of my situation. Since some USCIS agents didn't seem to know this when I called, I asked if I could get a copy of a document that states this so I could produce it just in case... and as they were researching it, they realized there is nothing that would state I don't need a reentry permit. They are still researching the issue now - it seems I've opened a can of worms and they used to tell people in my situation they didn't need a reentry permit. Funny that no one, not even the people at USCIS or the JAG office, seems to know the answer!
It is about the interpretation of the law and not law stating "xy in z situation doesn't need re-entry permint".
From the manual IO has at the POE: 13.3 Returning Military Dependents. The spouse and children of a member of the U.S. Armed Forces, or a civilian employee of the U.S. Government (including those paid from non-appropriated funds such as Stars and Stripes or the Army and Air Force Exchange System) returning from a foreign assignment are exempt many normal requirements for returning residents pursuant to 8 CFR 211.1(a). If a dependent is a conditional resident, and the period of conditional residence has expired, the alien should be admitted and advised to file Form I-751 within 90 days."
and look into 8 CFR 211.1(a)(6)
Let's hope somebody else may find something more you can use...
hey i am a military spouse and i could only tell you what new york immigration and my lawyer told me, which is you cannot stay pass 1 year of when you came up ex. if you came up june 2006 you must go back and get you passport stamp in american by april or may of 2007 but it cant be june 2007. they will think you abandon you residencey.. so i am in japan i have to go back in feburary or march of 2008 but i wanting to see if i can do it earlier.. i am only going to stay 2 days and come right back up and my lawyers said it is ok to do that beacuse my husband is in they army
aneri, thank you! I'll do some more research on 8 CFR 211.1(a)(6). Baby, this is very helpful information. Sounds like you are in the same situation as me. Since your husband is stationed in Japan like mine, do you know if going to Guam for a week would count as me being in the States? Like I mentioned before, going all the way back to the States would be a burden, not only financially, but also because I work full-time and would have to take time off for this (when I'd rather use my time off to spend time with my husband when he's back from deployment)... if going to Guam within the year of me leaving the US would be okay, I will definitely do that. Otherwise, I'll have to start planning a trip back. Thank you all for the info!
i need to know if you are under orders to go there.. i think it is once it has a bases but i am not sure i will ask my mom to ask my lawyer when she calls.. do you have a conditional green card or a regular on for ten years.
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