Here's a tough one for the experts...

[kevinbeijing]

Gang,

 

Need some advice or information:

 

Wifey and I have been back in China living/working since January. She's got her 2-year GC and we're nearing our 90-day time frame to submit the I-751. I'm teaching for an American educational company over here, so I'm wondering if there's any way that we could do her Fingerprints over here in Beijing?? I know that there's a DHS office in the Kerry Center (an office building in the Beijing CBD)... I have a friend who's SO had her fingerprints there when they did their K1 a couple of years ago.

 

July 15th marks the 90th day before her 2-year anniversary of being a PR... but since we want to go to the Olympics, I want to hold off on sending her I-751 because I fear they'll schedule fingerprints for something like August 20th in South Dakota...

 

We do already have tickets back to the States for Sept 1st... BUT my I'm in line for a nice promotion at work, and I'd LOVE to be able to stay here and take care of the fingerprints (and other related I-751 stuff)... is this just a pipe dream OR does anyone think that I have a chance?

 

Any ideas/suggestions/insight/opinions would be greatly appreciated!

[dnoblett]

A few notes:

 

One of the requirements to maintain the green card is residency in the USA.

 

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

 

You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently.
   
  
• Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
   
  
• Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
   
  
• Fail to file income tax returns while living outside of the US for any period.
   
  
• Declare yourself a ¡°nonimmigrant¡± on your tax returns.
  

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

 

The consulate may do the fingerprinting in cases where you are overseas pursuant to US government or Military orders:

 

Exception: Those who reside overseas pursuant to military or government orders, including conditional resident dependents residing overseas and listed under Part 5 of the form, must submit the following items with Form I-751:

 

1. Two passport-style photos for applicants and dependents, regardless of age.

 

2. Two completed fingerprint cards (Form FD-258) for applicants and dependents between the ages of 14 and 79. You must indicate your Alien Registration Number (A#) on the fingerprint card and ensure that the completed cards are not bent, folded, or creased. The fingerprint cards must be prepared by a U.S. Embassy or U.S. Consulate, USCIS Office, or U.S. Military Installation.

http://www.uscis.gov/files/form/I-751instr.pdf

[IllinoisDave]

You could let them schedule the bio appt. If it's not convenient,then just ask for a re-schedule when you'll be back in the states.

 

Dan raises issues that are above my pay grade. Good luck.

Edited July 7, 2008 by IllinoisDave (see edit history)

[LeeFisher3]

The biometrics appointments for the I-751 seem to be scheduled 1 month after the filing, for what it's worth.

 

You might be able to contact the USCIS Office in Beijing to see if they can process your I-751 based on your current employment circumstances and schedule return to the US.

Edited July 7, 2008 by LeeFisher3 (see edit history)

[Randy W]

I've tried to read around a little bit, but it's very hard to find examples of what Dan is implying. I assume this means that it is extremely rare. I'm talking about being denied re-admission to the US, or having a green card revoked.

 

As near as I can figure, you WILL be allowed re-entry with less than one year outside the US. However, since you were gone longer than 6 months, your case will receive extra scrutiny. Be prepared for questioning at the POE and have documentation ready of your US residence, your trip plans and purpose, domicile, employment, bank accounts, etc., etc.

 

Then, if they don't like your answers, you MAY be mailed a Notice of Intent to Revoke the Green Card. You would appear at a hearing, and have a chance to refute their findings.

 

So my suggestion is to have your documentation ready to show the IO at the POE, and consider applying for a re-entry permit (I-131) in advance of the trip.

[kevinbeijing]

I thought I read somewhere that if the Petitioner was working for an American company in another country... that the time spent out of the U.S. would actually count as time spent IN the country... Maybe I just made that up...

 

Here's what I've got going for me:

*We have a REAL relationship

*I work for an American company

*We have a lot of $ in our US banks/mutual funds

*I'm enrolled in a Doctorate program a state university

*We will have been out of the country for less than a year

*We're leasing a place in the States, although we don't live there at the moment

 

I'm hoping that with these things on my side, we won't encounter any problems as we begin the Removal of Conditions phase of this long, expensive, frustrating process...

[Randy W]

I thought I read somewhere that if the Petitioner was working for an American company in another country... that the time spent out of the U.S. would actually count as time spent IN the country... Maybe I just made that up...

 

Here's what I've got going for me:

*We have a REAL relationship

*I work for an American company

*We have a lot of $ in our US banks/mutual funds

*I'm enrolled in a Doctorate program a state university

*We will have been out of the country for less than a year

*We're leasing a place in the States, although we don't live there at the moment

 

I'm hoping that with these things on my side, we won't encounter any problems as we begin the Removal of Conditions phase of this long, expensive, frustrating process...

 

 

I would have the documents ready to prove all that with you at the POE - I'm sure you'll go through without a problem.