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Should I give up on this greencard?

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  • Should I give up on this greencard?

    Please help, I am quite stressed out with this greencard situation:

    After about one year's waiting, I finally received my greencard,right after I left US with my husband (he is a USC) on an oversea assignment. But it has my place of birth wrong.

    I knew I need to file an I-90 to replace the card and I-131 for reentry permit. Both forms stated: I need to be physically in the States. So I bought tickets to the States next week to file both forms. Then here comes the problems:

    1. I thought I don't need a biometric to replace the greencard.. But then someone told me the opposite. Do I need a biometric appointment for filing I-90 with reason: USCIS administrative error? If I do, can I leave the States before the biometric? I bought tickets only to stay a few days.

    2. Now for the reentry permit, when I checked, it says departure from the United States before a decision does not affect the application. But I just got to know that they changed the procedure early March and now requires a biometrics appt. http://www.uscis.gov/files/article/i...e_03052008.pdf

    and now it states:
    However, where biometric collection is required and the applicant
    departs the United States before the biometrics are collected, the application may be denied.

    What should I do? I can't just stay in US waiting indefinitely for the arrival of the Biometric appt.

    3. I need to file application to remove my conditional status around June 2009, and that will involve another round of biometric appointment, plane tickets, endless waiting.

    We don't have a definite idea how long we'll be out of US, here are a few options I can come up with, please give me your suggestions, thanks!

    1.Don't do anything now, wait till June 2009 to try to file the application to remove conditional status, and see if INS already think I abandoned the status or not,if yes,then just restart everything from the beginning when we return to the States.

    1)In the mean time, anyone know any kind of visa I can get to travel to US? maybe a spouse visa or something like that but not a green card?

    2) What's the consequences of having a greencard with wrong info.? will I be able to enter US with no problem? Anyone has any experiences?

    2. Do everything to keep the greencard, go to the States again and just wait there for as long as it takes for the biometrics, then go to US again in June 2009 for the application for removing the conditional status and nother re-entry permit (can I even file another one?)

    Thanks very much for reading this post. Any insight will be greatly appreciated!

  • #2
    Please help, I am quite stressed out with this greencard situation:

    After about one year's waiting, I finally received my greencard,right after I left US with my husband (he is a USC) on an oversea assignment. But it has my place of birth wrong.

    I knew I need to file an I-90 to replace the card and I-131 for reentry permit. Both forms stated: I need to be physically in the States. So I bought tickets to the States next week to file both forms. Then here comes the problems:

    1. I thought I don't need a biometric to replace the greencard.. But then someone told me the opposite. Do I need a biometric appointment for filing I-90 with reason: USCIS administrative error? If I do, can I leave the States before the biometric? I bought tickets only to stay a few days.

    2. Now for the reentry permit, when I checked, it says departure from the United States before a decision does not affect the application. But I just got to know that they changed the procedure early March and now requires a biometrics appt. http://www.uscis.gov/files/article/i...e_03052008.pdf

    and now it states:
    However, where biometric collection is required and the applicant
    departs the United States before the biometrics are collected, the application may be denied.

    What should I do? I can't just stay in US waiting indefinitely for the arrival of the Biometric appt.

    3. I need to file application to remove my conditional status around June 2009, and that will involve another round of biometric appointment, plane tickets, endless waiting.

    We don't have a definite idea how long we'll be out of US, here are a few options I can come up with, please give me your suggestions, thanks!

    1.Don't do anything now, wait till June 2009 to try to file the application to remove conditional status, and see if INS already think I abandoned the status or not,if yes,then just restart everything from the beginning when we return to the States.

    1)In the mean time, anyone know any kind of visa I can get to travel to US? maybe a spouse visa or something like that but not a green card?

    2) What's the consequences of having a greencard with wrong info.? will I be able to enter US with no problem? Anyone has any experiences?

    2. Do everything to keep the greencard, go to the States again and just wait there for as long as it takes for the biometrics, then go to US again in June 2009 for the application for removing the conditional status and nother re-entry permit (can I even file another one?)

    Thanks very much for reading this post. Any insight will be greatly appreciated!

    Comment


    • #3
      Is your husband's overseas assignment US government-related or a private endeavor?

      Comment


      • #4
        My husband works for a New-York based law firm's European office. I know there is something called expedited naturalization for spouses Of U.S. citizens working overseas under Section 319(b). But how can I find out if I am qualified or not? Thanks!

        Comment


        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Eski:
          I know there is something called expedited naturalization for spouses Of U.S. citizens working overseas under Section 319(b). But how can I find out if I am qualified or not! </div></BLOCKQUOTE>
          http://www.state.gov/documents/organization/79520.pdf

          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Eski:
          1.Don't do anything now, wait till June 2009 to try to file the application to remove conditional status, and see if INS already think I abandoned the status or not,if yes,then just restart everything from the beginning when we return to the States. </div></BLOCKQUOTE>
          Do you have plans to come to the USA in a meantime? Living abroad more than a year without re-entry permit will definetely mean you abandoned your residency. (and if you apply for re-entry permit now it will be valid until June 2009).
          If you have strong connections in the USA (bank accounts, file taxes as resident, maybe car, house, DL...) and make occasional trips back, you may be able to remove conditions.
          But after that, you'll have the same problem about keeping the residency alive. I say it can be done for couple of years, but longer you are outside the more difficult it gets to prove that you are "resident" in USA.

          Since you both are living overseas, if you abandon your GC, your husband may petition for you through the local US consulate (known as Direct consular filling- DCF- far the best option) to get new GC when the time comes to return.

          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Eski:
          1)In the mean time, anyone know any kind of visa I can get to travel to US? maybe a spouse visa or something like that but not a green card?. </div></BLOCKQUOTE> you can get tourist visa or travel on VWP (if from eligible country) after you formaly return your GC.

          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Eski:
          2. Do everything to keep the greencard, go to the States again and just wait there for as long as it takes for the biometrics, then go to US again in June 2009 for the application for removing the conditional status and nother re-entry permit (can I even file another one?). </div></BLOCKQUOTE> you can ask for re-entry permit as many times as you want. Its approval depends on how much time you've already spent outside the USA.

          I say it all depends on your personal situation. Does your husband have an open-end contract or fixed-term? How do you like the contry where you are now? How often do you plan to come to the USA (regardless of USCIS matters)? How likely it is that you'll move back within a year, year and half? You can keep the residency "alive" for a while, but not too long... besides if you weight rushing to the USA for a few days for each appointmet with USCIS against getting the new GC by way of DCF when you are ready to return for good... what do you prefer?

          Comment

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