I-751 question

[Avs81]

Hi Everyone,

 

This is my 4th month living in Hangzhou with my wife because of my job and we are going back to the USA in May but I was curious about the I-751.

 

My wife got the NOA for the I-751 that exteneded her 2 year VISA for one more year while the I-751 is being processed. So that will expire this August, and the Vermont Service center is just starting July now (we are July 11) so I think we should have the green card done by May,

 

My question is, do I need to file an AP to have my wife leave the USA after we go there in May? Or is there some form I need to file right now before I go?

 

From my understanding once my wife gets the 10 yr greeen card in a few months she can travel outside the USA for up to one year. Is that correct? So that means to "refresh" her status as far as immagration is concered, she will have to come back to the USA within the one year period.

 

Please let me know if I am completly off base or in the ballpark on this...I havent really dealt with any of this immagration stuff since last spring when we filed for the I-751, so my memory is a bit hazy. Thanks for everyones help/advice in advance,

 

Bill and Wen

[dnoblett]

Hi Everyone,

 

This is my 4th month living in Hangzhou with my wife because of my job and we are going back to the USA in May but I was curious about the I-751.

 

My wife got the NOA for the I-751 that exteneded her 2 year VISA for one more year while the I-751 is being processed. So that will expire this August, and the Vermont Service center is just starting July now (we are July 11) so I think we should have the green card done by May,

 

My question is, do I need to file an AP to have my wife leave the USA after we go there in May? Or is there some form I need to file right now before I go?

 

From my understanding once my wife gets the 10 yr greeen card in a few months she can travel outside the USA for up to one year. Is that correct? So that means to "refresh" her status as far as immagration is concered, she will have to come back to the USA within the one year period.

 

Please let me know if I am completly off base or in the ballpark on this...I havent really dealt with any of this immagration stuff since last spring when we filed for the I-751, so my memory is a bit hazy. Thanks for everyones help/advice in advance,

 

Bill and Wen

Firstly a 2 year green card is NOT a 2 year VISA, it is a residency card for permanently living in the USA with conditions, and not elsewhere. If at any time USCIS determines that you are not residing in the USA, they can revoke the card.

 

Abandoning Permanent Resident Status

 

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 United States for more than 1 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 United States may be considered, even if less than 1 year
  
• Remain outside of the United States for more than 2 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 United States may be considered, even if less than 1 year
  
• Fail to file income tax returns while living outside of the United States for any period
  
• Declare yourself a “nonimmigrant” on your tax returns
  

http://www.uscis.gov...000082ca60aRCRD

 

Coming to the USA for a couple weeks every year, will be caught by the POE, and they can deny entry, determining that residency has been abandoned. Sounds like you have moved to China and are living there more than living in the USA, this is considered to be living outside the USA permanently.

 

Some have simply given up the green-card, and apply for a new spouse visa when they are ready to move to the USA permanently, or do as my wife did live in the USA 3+ years, and applied for US Citizenship, this solves the consern of trying to maintain a green-card when not living in the USA as a permanent resident.

 

As for your question about AP, the answer is no, the extension letter extends residency status, and that letter serves as proof of residency for returning to the USA, what some to avoid issues when traveling is to visit their USCIS field office by infopass appointment bring their passport, and the extension letter, the field office should stamp passport with an I-551 stamp to further show green-card status. If for some reason I-751 takes longer than 1 year to process, simply set an infopass appointment at field office and get the I-551 stamp, this will further extend the proof of residency status. You can also file an N-400 for citizenship at 90 days prior to 3 years of residency, essentually 1 year after your filed the I-751, if the I-751 is pending, the N-400 tends to get them to move on the I-751. You qualify to file N-400 even if I-751 is pending.

Edited February 4, 2012 by dnoblett (see edit history)

[Avs81]

I am wondering what will happen when we have her 10 year permenant residence card when we arrive in Boston in May.

 

Do we need to file for an AP to come back to China even after we get the 10 year residence card? I believe with the 10 yrd residence card she can be out of the USA for up to one year. But Im not too sure...even then if we come back to the USA with the card, Im not sure if we have to file any papers or not...

 

And are you saying that she might be turned away from being out of the USA for less than a year? I thought the I-751 extension letter prevented that from happening.

 

Ad if we try and come back to the USA after we get the 10yr card, Im sure we will have to file an AP or re entry permit at that point I think..

 

Bill

Edited February 5, 2012 by Avs81 (see edit history)