Out of US for 14 months on a 2 year conditional GC

[ama537621]

Here is our problem.

 

Yuan Received her GC late last year, for advancement at work I took an overseas work opportunity. We applied for a reentry permit and she was issued a 1 year permit. Now work wants to extend my stay until next April making Yuan's stay overseas for 14 months. With the newborn baby we do not want for her to be in the USA while I live in China for the last 2 months of my contract.

 

I suppose we could turn in her GC and I could file in country as soon as my 6 months living in China date comes up. But it would be strange to turn in her GC in august and refile for a spousal visa in November? I did a search and did not see any other similar postings on the site.

 

We do have to go to the Shanghai Consulate for a COBA, passport and SS card for Emily. I could ask there, but they do not deal with this type of case.

 

If there are no ideas from the forum I will give Mark Ellis a call and see what he suggests.

[Randy W]

Here is our problem.

 

Yuan Received her GC late last year, for advancement at work I took an overseas work opportunity. We applied for a reentry permit and she was issued a 1 year permit. Now work wants to extend my stay until next April making Yuan's stay overseas for 14 months. With the newborn baby we do not want for her to be in the USA while I live in China for the last 2 months of my contract.

 

I suppose we could turn in her GC and I could file in country as soon as my 6 months living in China date comes up. But it would be strange to turn in her GC in august and refile for a spousal visa in November? I did a search and did not see any other similar postings on the site.

 

We do have to go to the Shanghai Consulate for a COBA, passport and SS card for Emily. I could ask there, but they do not deal with this type of case.

 

If there are no ideas from the forum I will give Mark Ellis a call and see what he suggests.

 

 

The word is "unusual" - but you shouldn't have to wait for the six month point. All you need to do is show residence. You'll know if you've passed that test simply by whether they've accepted your petition or not (there is no longer a six month requirement).

 

Yes, please ask Marc - and let us know what he has to say.

 

The other idea would be to have her make a quick trip to the U.S. and back before the reentry permit expires - the catch there might be that she might have to stay as long as a month to make sure it's legitimate. You might ask Marc about that while you've got him on the phone.

[dnoblett]

Another option is the SB-1 visa, is for a US Resident who under unusual circumstances had to remain out of the USA for an extended period of time.

 

http://guangzhou.usembassy-china.org.cn/iv_sb1.html

[Randy W]

Another option is the SB-1 visa, is for a US Resident who under unusual circumstances had to remain out of the USA for an extended period of time.

 

http://guangzhou.usembassy-china.org.cn/iv_sb1.html

 

SB-1 requires proof that

 

a protracted stay was for reasons beyond the applicant's control (Examples: medical incapacitation, employment with a U.S. company, accompanying a U.S. citizen spouse, etc).

 

 

I didn't realize that the reasons included "employment with a U.S. company, or accompanying a U.S. citizen spouse", so it may be worth looking into. Still, you have to pay the SB-1 fee ($275) just to find out if you're eligible . If you are, there's still the DS-230 fees, medical, etc. etc.

 

They don't make it easy.

[newacct]

Why was it only for 1 year? I though re-entry permits can be up to 2 years?

[ama537621]

New acct,

 

That is the million dollar question. Mark Ellis is also very interested in that as well.

 

Dan, I forgot about the SB-1 Visa.

 

We have to go to the Shanghai Consulate for our daughters COBA, Passport, and SS card. I might ask them even though they might not be able to help us.

[dnoblett]

Details about the SB-1 can be found on the DOS website here: http://travel.state.gov/visa/immigrants/info/info_1333.html

[ama537621]

Well,

 

Mark thinks that because we wrote down 12-18 months overseas on her I-131 application. that might be the reason that they only gave her a 1 year reentry permit.

 

We will try the SB-1 route first, hopefully GUZ will be helpful.

 

It just sucks that we have to take 2 trips all the way across the country to resolve this.

[dnoblett]

The other possible issue may be filing the I-751 to remove conditions on the 2 year card.

 

When does green card expire relative to the anticipated return to the states?

[ama537621]

8 months after our return the 2year GC expires

[MRS. GRAVESTEY]

Hi guys, how you all doing? As of me, quite settled now and has been driving since last May. I just have a question, i have an emergency back in the Philippines and i need to go home at least 2 weeks, will my 2 year green card/Conditional permanent residence be ok upon returning? In my case as a conditional permanent green card holder, am i allowed to travel abroad? Thank you all.

Edited September 20, 2013 by MRS. GRAVESTEY (see edit history)

[warpedbored]

Hi guys, how you all doing? As of me, quite settled now and has been driving since last May. I just have a question, i have an emergency back in the Philippines and i need to go home at least 2 weeks, will my 2 year green card/Conditional permanent residence be ok upon returning? In my case as a conditional permanent green card holder, am i allowed to travel abroad? Thank you all.

No problem. It's no different than a permanent green card. It just expires sooner. Just make sure you book airline tickets in the same name your passport shows.

[dnoblett]

Yep, the conditions on a conditional card is that you are still in a marital relationship to your spouse after two years of residency, no restrictions on international travel.

 

My wife and I traveled to Canada perhaps twelve times while she had the conditional card, as well as she traveled home for 2 months.

 

Yes make sure airline tickets match passport name.

[MRS. GRAVESTEY]

 

Hi guys, how you all doing? As of me, quite settled now and has been driving since last May. I just have a question, i have an emergency back in the Philippines and i need to go home at least 2 weeks, will my 2 year green card/Conditional permanent residence be ok upon returning? In my case as a conditional permanent green card holder, am i allowed to travel abroad? Thank you all.

No problem. It's no different than a permanent green card. It just expires sooner. Just make sure you book airline tickets in the same name your passport shows.

 

Warpedbored,

 

Thank you, yes, names are all the same.

[MRS. GRAVESTEY]

Yep, the conditions on a conditional card is that you are still in a marital relationship to your spouse after two years of residency, no restrictions on international travel.

 

My wife and I traveled to Canada perhaps twelve times while she had the conditional card, as well as she traveled home for 2 months.

 

Yes make sure airline tickets match passport name.

Dan,

 

Yes, everything is on the same name. Did your wife need a visa to Canada or the conditional green card was enough? Thank you