Another concern about Removing Conditions while out of the country

[Bill & Li Hong]

I know I had asked a similar question a while back but my company is wanting me to go work in China for a year. I know we may need to come back to the USA for the interview but now I'm wondering if my wifes time out of the USA this year is a concern. She was gone for the new year for 49 days and then we went back to China on vacation in May for 19 days. Now we are planning on going back to China for me to work. My company is talking about sending me over there in Aug. or Sept. The question is with her being out of the country quite a bit this year. Is there a minimum about of time she needs to be in the USA this year or over the time of the two year green card so there's no problem having conditions removed. We have and will continue to have our home in the USA and file taxes here too.
Thanks!

[Beachey]

Your wife can apply for a re-entry permit. I would think your comapny is handling your visa documents. They likely will help your wife as well. The re-entry permit is good for up to two years.

 

 

[dnoblett]

How long out of country will your work keep you? If a long period over a year or so, you may be further ahead to abandon the green-card and then reapply for a new spouse visa, at which time the resulting green-card would be a permanent 10 year card.

 

As for time away, if USCIS or the POE suspects not living in the USA on a permanent basis, they can revoke the green-card at any time.

 

As prior post said, if more than a year away, then a re-entry permit should be applied for by filing an I-131.

 

Lastly, it is very rare for USCIS to interview for removal of conditions, and the receipt letter for the I-751 extends green-card status for a year after it expires, good for travel and/or work.

[Randy W]

Returning to or Rescinding Legal Permanent Resident Status -

 

If you intend to travel to the U.S. as a non-immigrant, you may wish to file an Abandonment of Lawful Permanent Resident Status Form I-407 to clarify your status. Former LPRs will usually be asked to execute this document and surrender their I-551 (green card) before being issued a non-immigrant visa. The I-407 can be executed on the same day as your non-immigrant visa interview before the interviewing Consular Officer.

 

I'd expect the above also applies when applying for an IR-1 visa after a long absence. The form I-407 clarifies your present status - if you have not attempted to use a previous green card, it may still be on record as being valid. In other words, when returning to the US after an extended absence but before the green card expiration date, your green card may still be on file as valid. The Immigrations Officer, however, may decline your entry and revoke your green card. To clarify the situation, you may wish to have your spouse file a new I-130, and file the I-407 to conclusively show abandonment of the green card.

[Bill & Li Hong]

I don't plan on being gone for more than one year with a couple of vists back to the USa during that time.

I don't plan on going through the visa process again. I will work my way around that with my job.

I will get a I-131 just in case.

If there is no interview with RC, is there other reasons for visiting the USCIS office? Finger printing or something.

Maybe I don't understand how RC is handled other than sending in the I-751 w/supporting documents.

 

How long , in general, is the time between filing the I-751 and receiving the new GC?

 

I don't feel good about having her out of the country with an expired GC even if we have a receipt.

I'm not worried about POE but the Chinese letting her get on the plane.

Do they understand the one year extension with receipt of an I-751?

 

Thanks!

[dnoblett]

I don't plan on being gone for more than one year with a couple of vists back to the USa during that time.

I don't plan on going through the visa process again. I will work my way around that with my job.

I will get a I-131 just in case.

If there is no interview with RC, is there other reasons for visiting the USCIS office? Finger printing or something.

Maybe I don't understand how RC is handled other than sending in the I-751 w/supporting documents.

 

How long , in general, is the time between filing the I-751 and receiving the new GC?

 

I don't feel good about having her out of the country with an expired GC even if we have a receipt.

I'm not worried about POE but the Chinese letting her get on the plane.

Do they understand the one year extension with receipt of an I-751?

 

Thanks!

Yes there WILL be another Biometrics Appointment for Prints, Photo, Signature. Typically this happens a month or so after filing the I-751, kind of redundant considering they had them done for the 2 year conditional card, but you know the .GOV wasting peoples $ and peoples time.

 

Yes others have reported about problems with the Chinese exit control and the I-751 letter, it has been recommended to schedule and info pass or if BIO appointment is at your field office ask about getting an I-551 stamp in passport for travel, explaining the issue that some have had with China.

 

SEE: http://candleforlove...0-yr-green-card

 

Time from filing I-751 to approval can be as short as 4 months, however it can be as long as 1 year or in some cases longer, this is why the extension letter extends validity for 1 year, and if it goes longer simply visit USCIS and get an I-551 stamp, or you can always goose them by filing an N-400 for citizenship one year after filing the I-751 even with the I-751 pending.

Edited July 5, 2011 by dnoblett (see edit history)

[Bill & Li Hong]

Can she get the I-551 stamp at the USA office in Beijing?

We'll be there when the GC expires and receiving the I-751 receipt letter.

[dnoblett]

Can she get the I-551 stamp at the USA office in Beijing?

We'll be there when the GC expires and receiving the I-751 receipt letter.

 

Get it shortly after getting the I-751 letter, in the states either by info-pass or when doing Biometrics, there are no posts on the board as to if they do it in Beijing or Guangzhou, however due to the reports of airlines and/or exit authorities in China sometimes having problems with the extension letter I would not be supprised if the DHS office in Beijing or Guangzhou may stamp the passport with the I-551 stamp.

 

DHS Beijing does offer a transportation boarding letter for those who have lost their green-card, they may help you in the event you have problems with the I-751 letter at the airport.

Transportation Boarding Letter:

 

You must apply for a transportation or boarding letter in person at the Beijing Field Office. These letters are generally issued to a lawful permanent resident (LPR) who has lost or had their Permanent Resident Card (Form I-551) stolen. You must present identification and a report from the local police of the loss of your card.

 

http://beijing.usemb...d_security.html

 

Edited July 5, 2011 by dnoblett (see edit history)

[Randy W]

This is from the Venezulean Embassy, but information from the Guangzhou consulate is at the link posted below

 

http://caracas.usemb...-residents.html

 

A Transportation Letter is a travel document issued to a Legal Permanent Resident of the United States who has an expired, lost, or stolen Permanent Resident card (a/k/a “Green Card” or “Form I-551”) and need to travel to the United States.

 

The Transportation Letter is valid for two weeks and for one single entry to the United States. Once the Legal Permanent Resident arrives in the United States, he or she will need to take the steps necessary to obtain a new Permanent Resident card with the United States Citizenship and Immigration Service.

 

http://guangzhou.use...green-card.html

Edited July 5, 2011 by Randy W (see edit history)

[Bill & Li Hong]

The letter sounds pretty good at first but per the instructions you need a I-193 (Application of Waiver of Visa) form. It show a fee of $585!!!!

[dnoblett]

The letter sounds pretty good at first but per the instructions you need a I-193 (Application of Waiver of Visa) form. It show a fee of $585!!!!

Again, that has to do with the loss of a green-card.

 

Best practice is to get an I-551 stamp before leaving the USA if anticipating being out of country with expired Green-Card and the I-751 extension letter.

[Randy W]

The letter sounds pretty good at first but per the instructions you need a I-193 (Application of Waiver of Visa) form. It show a fee of $585!!!!

 

 

Yes - that would be worst case if she unexpectedly found herself abroad with an expired green card. Work with the consulate on that (if it should come to that) - the I-193 may be needed ONLY when she's missing a passport or visa (this is what the form seems to indicate). The Caracas embassy indicates a fee of $165, and doesn't mention a I-193.

 

The next extreme level would be having to re-apply for a new visa - like Dan says, it's best to plan ahead if you possibly can.