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Procedure - conditional resident to file I-751 overseas

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  • Procedure - conditional resident to file I-751 overseas

    My husband and I are moving overseas. I will need to submit I-751 by 12/15/05 to remove conditional status. We plan to move 7/1/05 but in order to make sure I can come back to the US, I need to be back to the US w/in 6 months (i have also heard 1 year. i am confused) - what should I do?

    1. Can I apply for I-751 overseas and write down my US relative's address?
    2. If they approve my I-751, I know I need to have three pictures taken and thumb prints taken and my passport needs a stamp. Do I have to come back to the US to do this?
    3. Should I stay overseas (I'll also give birth to our baby in September 05 which adds more stress to this immigration thing) until I get approved of I-751 or should I be safe and come back within 6 months of leaving the US?

    Thanks so much and I appreciate your help!

  • #2
    My husband and I are moving overseas. I will need to submit I-751 by 12/15/05 to remove conditional status. We plan to move 7/1/05 but in order to make sure I can come back to the US, I need to be back to the US w/in 6 months (i have also heard 1 year. i am confused) - what should I do?

    1. Can I apply for I-751 overseas and write down my US relative's address?
    2. If they approve my I-751, I know I need to have three pictures taken and thumb prints taken and my passport needs a stamp. Do I have to come back to the US to do this?
    3. Should I stay overseas (I'll also give birth to our baby in September 05 which adds more stress to this immigration thing) until I get approved of I-751 or should I be safe and come back within 6 months of leaving the US?

    Thanks so much and I appreciate your help!

    Comment


    • #3
      1. No . Yes give relative's address.
      2. Yes
      3. No. File for I 751 in USA. come back to give birth here. file for re entry permit if ur stay is more than a year out of USA.

      Comment


      • #4
        Hi cch253,
        I'm glad I found your posting because I'm exactly in the same situation as you (minus the baby part ). My husband and I are about to move abroad for about a year starting this summer, and I need to apply for I-751 early next year. My plan is to tell the give the INS the mailing address of my husband's relatives, to prepare the I-751 documents before we leave, and to have his relatives send them in due time early next year. After that my understanding is that the INS sends you a letter extending your green card for a year, and that you can reenter the US with your expired greencard AND the letter from the INS.
        At this stage a reentry permit would be useless, because the INS website states that "Conditional residents use re-entry permits to re-enter the U.S. after travel of one year or more. For conditional residents
        returning to the U.S., re-entry permits are generally valid for two years from the date of issuance of the re-entry permit or until the date the conditional resident must apply for the
        removal of conditions, whichever comes first. The conditional resident should apply for this benefit before leaving the U.S."
        In our case the date we must apply for removal of conditions comes first.
        It sounds like a gamble and I really don't wanna lose my Green card, but hopefully things will turn out ok. Please let me know what you decide to do, and we can share other information and help each other.

        Comment


        • #5
          by the way to answer your first question here is from the INS website:

          "Do I Need to Be Physically Present in the United States at theTime of Filing?
          The Form I-751 (Petition to Remove the Conditions on Residence)can be filed regardless of whether you are physically present in
          the United States at the time that you file. However you must return to the United States with your spouse and your children in order to comply with the interview requirement."

          from what I understand it takes months, and even years between your filing for removal and a possible interview, so yes you can apply from abroad. if you get your NOA then you should be able to reenter the US without problem.

          Comment


          • #6
            Hi as1310 and cch253,

            you two are on the right track.

            I filed I-751 and went through the whole process of getting NOA, I-551 stamp, approval letter, new GC while overseas. It is legal and it can be done.

            Anybody who spends longer periods outside the US is at risk to lose GC. Even with the Re-entry permit. BUT if the move is temporary ( fixed contract, school term...) in nature and you keep most of your ties ( bank accounts, possesion, US DL, file taxes etc ) you are good to go.

            Good luck to both.

            Edited for spelling!uh uh uh

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