Jump to content


Photo

Wife's Green Card Expired while back in China

2nd green card I-90 I-131

  • Please log in to reply
8 replies to this topic

#1 darren.s.small

darren.s.small

    New Member

  • Members
  • Pip
  • 20 posts

Posted 21 August 2017 - 10:30 AM

We had been living in the states but moved back to China almost a year ago. During that time my wife's US green card expired. Now we have decided to move back to the US again. Is it any easier to get a green card when you have had one previously or would it be easier for her to get a 10-year visa or something and go through the process of getting another green card after we are back in the states? Thanks in advance.

#2 Randy W

Randy W

    ֣ resident

  • Admin
  • 24,193 posts

Posted 21 August 2017 - 11:26 AM

You're not saying anything about your timing as far as heading back to the states, or as to whether you've actually abandoned your U.S. residence.

 

You may need to file an I-407, Record of Abandonment of Lawful Permanent Resident Status  at the Consulate, along with your visa application, or I-130. The green card has expired - her status as an LPR has not.

 

It might be easiest to file the I-130 at the Consulate, although this would require a trip back for the interview. A !-130 filed at the Consulate can take 3 or 4 months to process, to as little as one month.

 

The visitor's visas are also much easier to come by these days.



#3 dnoblett

dnoblett

    Here to help

  • Admin
  • 19,050 posts

Posted 21 August 2017 - 11:58 AM

Was it a 10 year permanent card or a 2 year conditional residence card?

 

10 Year card:

 

  • Permanent residence status does not expire with the date on the card, it is just a matter of filing an I-90 to get a new card even after it expired.
  • What you probably will need is evidence of residency status, probably will need an SB-1 visa (Returning Resident Visa)
  • Once in the states file that I-90 for a new card.

 

2 year card:

 

  • This would be a problem, in this case an I-751 would have been needed to file to remove the conditions, if not done so prior to the expiration then status probably will be considered revoked.
  • In this case you probably will have to go through the DCF petition process all over again first officially abandoning status by filing an I-407 at the consulate, and then filing another I-130 for a spouse visa.


#4 Randy W

Randy W

    ֣ resident

  • Admin
  • 24,193 posts

Posted 21 August 2017 - 12:10 PM

 

Was it a 10 year permanent card or a 2 year conditional residence card?

 

10 Year card:

 

  • Permanent residence status does not expire with the date on the card, it is just a matter of filing an I-90 to get a new card even after it expired.
  • What you probably will need is evidence of residency status, probably will need an SB-1 visa (Returning Resident Visa)
  • Once in the states file that I-90 for a new card.

 

2 year card:

 

  • This would be a problem, in this case an I-751 would have been needed to file to remove the conditions, if not done so prior to the expiration then status probably will be considered revoked.
  • In this case you probably will have to go through the DCF petition process all over again first officially abandoning status by filing an I-407 at the consulate, and then filing another I-130 for a spouse visa.

 

 

 

The SB-1 requires

 

Proof that your protracted stay outside of the United States was for reasons beyond your control (Examples: medical incapacitation, employment with a U.S. company, etc.)

 

 

 

If they did not maintain their U.S. residence for ANY length of time, the green card (10 year OR 2 year) was abandoned. But any NEW visa application may be denied until the I-407 is filed.


  • dnoblett likes this

#5 darren.s.small

darren.s.small

    New Member

  • Members
  • Pip
  • 20 posts

Posted 22 August 2017 - 08:36 PM

Thanks guys.  Let me give you a bit more information.  She was in the US on a 2-year conditional resident card and we had gone through the interview to have the conditional status removed.  She had a letter extending her 2-year card for 1 more year and we were waiting for the 10-year card to arrive in the mail.  We do still have a residence in the US.  When we left for China Nov 2017 we had all of our mail forwarded to my father's address and we didn't want anything important to just sit there in the mailbox with nobody to check it.  At that time I didn't realize that any federal documents would not be forwarded but returned instead so I'm afraid that there's a good chance that her 10-year green card arrived and was returned because of the forwarding instructions.  

This is why I'm not sure how to proceed now that we wish to return to the US.  What my wife has right now is her expired 2-year card and a one-year extension letter which has also expired by this time.  



#6 Randy W

Randy W

    ֣ resident

  • Admin
  • 24,193 posts

Posted 22 August 2017 - 09:51 PM

Thanks guys.  Let me give you a bit more information.  She was in the US on a 2-year conditional resident card and we had gone through the interview to have the conditional status removed.  She had a letter extending her 2-year card for 1 more year and we were waiting for the 10-year card to arrive in the mail.  We do still have a residence in the US.  When we left for China Nov 2017 we had all of our mail forwarded to my father's address and we didn't want anything important to just sit there in the mailbox with nobody to check it.  At that time I didn't realize that any federal documents would not be forwarded but returned instead so I'm afraid that there's a good chance that her 10-year green card arrived and was returned because of the forwarding instructions.  

This is why I'm not sure how to proceed now that we wish to return to the US.  What my wife has right now is her expired 2-year card and a one-year extension letter which has also expired by this time.  

 

 

You can try to use her green card, but you'll need some help from the consulate just to get her on the airplane (they're unlikely to allow her to board without unexpired documentation). AND you risk her being denied entry.

 

Go to the consulate. prepared to file the I-407 and I-130. They'll tell you what you need to know. You can probably also file for the visitor's visa at the same time, but the IR-1 visa should only take a few months, if that fits in with your time frame for going back.



#7 dnoblett

dnoblett

    Here to help

  • Admin
  • 19,050 posts

Posted 23 August 2017 - 06:11 AM

Here is what I would do. I would schedule an INFOPASS appointment to USCIS office in Beijing or Guangzhou.
 
Assume that the 10 year card was approved and issued but lost in the mail. See if the USCIS field office will process an I-131A Transport letter which allows re entry on a lost green-card and once in the states you may have to bite the bullet and file an I-90 with fee to get another card.
 
https://www.uscis.go...a-now-available
 

United States laws impose penalties on carriers who bring to the United States an individual who is not in possession of a valid passport and any required visa. If you are a lawful permanent resident (LPR) or conditional permanent resident (conditional LPR) of the United States traveling overseas temporarily, you may ordinarily use your Permanent Resident Card or a Reentry Permit, in place of a visa. If you are not in possession of a valid, unexpired Permanent Resident Card or Reentry Permit (for example, your card or permit was lost, stolen, destroyed, or mutilated), you may experience difficulties when you attempt to return to the United States.

This application allows individuals in this situation to apply for a Travel Document (Transportation Letter or Boarding Foil). If the Department of Homeland Security (DHS) determines that the applicant remains an LPR or conditional LPR, DHS may, as a matter of discretion on a case by case basis, provide a Travel Document. The Travel Document may be a foil placed in the applicant’s passport or a boarding letter. If DHS provides a Travel Document, the applicant may present the document to the carrier destined for the United States. Generally, a Travel Document is valid for 30 days from the date of issuance.

 
https://www.uscis.gov/i-131a
 
https://my.uscis.gov/appointment (INFOPASS)
 
In any case the field office should advise you on how to handle this, either they will process and I-131A or they will advise abandoning and refiling for another spouse visa.  Hopefully they will treat this as a lost green-card and issue a travel document via I-131A filing.
 
Something similar came up and was posted about earlier...
 
http://candleforlove...-more/?p=634119



#8 dnoblett

dnoblett

    Here to help

  • Admin
  • 19,050 posts

Posted 23 August 2017 - 07:28 AM

One more thing, I am assuming you did file a joint tax return while over there, one of the requirements of maintaining LPR status is filing a return every year.

#9 Randy W

Randy W

    ֣ resident

  • Admin
  • 24,193 posts

Posted 23 August 2017 - 08:26 AM

For the I-131A -

 

If you are an LPR, Form I-131A allows you to apply for a travel document if you:

  • Are returning from temporary overseas travel of less than one year, and your Permanent Resident Card (also known as a Green Card or Form I 551) has been lost, stolen or destroyed; or
  • Are returning from temporary overseas travel of less than two years and your Reentry Permit has been lost, stolen or destroyed.    

. . .

 
You must file Form I-131A in person at a USCIS international field office or with a Consular Section at a U.S. Embassy or Consulate. Before appearing in person, you must submit the filing fee through the online payment system on our website (see the Filing Fee section below). When you appear in person to file Form I-131A, you must bring evidence that you paid the fee, such as a copy of the payment confirmation page or a copy of the email payment receipt notice.
 
Before submitting your filing fee, please contact the nearest USCIS international field office or Consular Section at a U.S. Embassy or Consulate or visit its website to verify that they can process the Form I-131A, and carefully read the form instructions.

 

 

 

If you are serious about wanting to resurrect her existing green card, you may want to check with Marc Ellis - he can probably tell you the pitfalls with a simple phone call.


Edited by Randy W, 23 August 2017 - 08:30 AM.




Also tagged with one or more of these keywords: 2nd green card, I-90, I-131

0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users