getting green card while overseas -- thank you rete and others!
May 22nd 2004, 5:30 pm
#1
Guest
Posts: n/a
getting green card while overseas -- thank you rete and others!
hello,
thank you for your replies to my post. and i've received advice from
you and other list members when i've had occasion to use the list in
the past, so belated thanks are in order too!
i was afraid the in-person visit couldn't be avoided. we did not ask
for a re-entry permit (i didn't know there was such an option).
re-entry itself isn't a problem for my wife, since she's japanese and
can stay 90 days with no problem.
so i'm thinking that unless there are other options, we may just have
to throw in the towel and withdraw our application. i don't want to
run afoul of the INS, in case we have to apply again or have to deal
with them again in the event of a return to usa. in the case of
withdrawing, do i have to explicitly notify INS? would they hold it
against us if we just didn't show up for the interview and thus voided
our application?
thanks again, and good luck!
-peter
-----------------------------------------------------------------------------
> hello,
>
> my wife and i (i'm the USC) recently moved to japan -- we'll be here
> for at least 2 years because my work contract (at a japanese company).
> just the other day, my wife FINALLY got her letter (forwarded to a
> relative, still in usa) saying that her conditional status has been
> lifted and she needs to go in person to get an I-551 stamp and wait
> for the card to arrive.
>
> we obviously would like to have the green card, because we've put in a
> lot of time, effort, and money (as everyone here knows!) to get as far
> as we did. also, we might end up moving back to the states in 2 years,
> and we hope not to have to do the whole thing over again.
>
> so here's my question. my wife already has a valid I-551 stamp because
> her old one was expiring and she needed to travel. so can we just wait
> out the arrival of the green card? is anything else required at her
> visit to the INS office?
>
> i'd appreciate hearing any other input people can give. thanks a lot.
>
> -peter
thank you for your replies to my post. and i've received advice from
you and other list members when i've had occasion to use the list in
the past, so belated thanks are in order too!
i was afraid the in-person visit couldn't be avoided. we did not ask
for a re-entry permit (i didn't know there was such an option).
re-entry itself isn't a problem for my wife, since she's japanese and
can stay 90 days with no problem.
so i'm thinking that unless there are other options, we may just have
to throw in the towel and withdraw our application. i don't want to
run afoul of the INS, in case we have to apply again or have to deal
with them again in the event of a return to usa. in the case of
withdrawing, do i have to explicitly notify INS? would they hold it
against us if we just didn't show up for the interview and thus voided
our application?
thanks again, and good luck!
-peter
-----------------------------------------------------------------------------
> hello,
>
> my wife and i (i'm the USC) recently moved to japan -- we'll be here
> for at least 2 years because my work contract (at a japanese company).
> just the other day, my wife FINALLY got her letter (forwarded to a
> relative, still in usa) saying that her conditional status has been
> lifted and she needs to go in person to get an I-551 stamp and wait
> for the card to arrive.
>
> we obviously would like to have the green card, because we've put in a
> lot of time, effort, and money (as everyone here knows!) to get as far
> as we did. also, we might end up moving back to the states in 2 years,
> and we hope not to have to do the whole thing over again.
>
> so here's my question. my wife already has a valid I-551 stamp because
> her old one was expiring and she needed to travel. so can we just wait
> out the arrival of the green card? is anything else required at her
> visit to the INS office?
>
> i'd appreciate hearing any other input people can give. thanks a lot.
>
> -peter
May 22nd 2004, 6:19 pm
#2
Guest
Posts: n/a
Re: getting green card while overseas -- thank you rete and others!
Peter McInerney wrote:
> hello,
>
> thank you for your replies to my post. and i've received advice from
> you and other list members when i've had occasion to use the list in
> the past, so belated thanks are in order too!
>
> i was afraid the in-person visit couldn't be avoided. we did not ask
> for a re-entry permit (i didn't know there was such an option).
> re-entry itself isn't a problem for my wife, since she's japanese and
> can stay 90 days with no problem.
I wouldn't say "no problem" as she would have to prove that she doesn't
have an intent to immigrate.
> hello,
>
> thank you for your replies to my post. and i've received advice from
> you and other list members when i've had occasion to use the list in
> the past, so belated thanks are in order too!
>
> i was afraid the in-person visit couldn't be avoided. we did not ask
> for a re-entry permit (i didn't know there was such an option).
> re-entry itself isn't a problem for my wife, since she's japanese and
> can stay 90 days with no problem.
I wouldn't say "no problem" as she would have to prove that she doesn't
have an intent to immigrate.
May 23rd 2004, 1:37 am
#3
Concierge
Joined: Apr 2001
Posts: 46,473
Re: getting green card while overseas -- thank you rete and others!
Peter
There is no appointment to go in to complete the I-89. You just go in and get it done. In some districts you now can make an appointment via infopass but it is not available nationwide, unfortunately.
The I-131 is the form you would use for a re-entry permit. The same form you would use for the Advance Parole.
Why not do yourself and her a favor and see if there is an attorney there that specializes in US immigration that you can consult with. There are so many variables in the law that there might well be one that you and she might be able to utilize to your advantage. One being, that comes to mind, is that if the company you are working for is a US company (I know you said they were a Japanese concern but they might well be a legitimate US who has transferred you to work in Japan for a temporary period) she might be eligible for expedited US citizenship. I know that is probably something she does not want because I believe Japan would rescind her Japanese citizenship. This last was told to me by my daughter's dear friend who is Japanese and a US PR since the age of 5. She and her family will not take US citizenship for that reason. Or perhaps she might be able to file for a re-entry permit although out of the country or might want to return to the States for a few months to facilitate such a filing. Do you see where I'm going with this? There is also the possibility that when you want to return to the US you might be able to do direct consular filing at the US Consulate there. Legal advice would be far better than the musing of us non-legals here ;-)
Wishing you luck and a happy next two years in Japan.
Rete
There is no appointment to go in to complete the I-89. You just go in and get it done. In some districts you now can make an appointment via infopass but it is not available nationwide, unfortunately.
The I-131 is the form you would use for a re-entry permit. The same form you would use for the Advance Parole.
Why not do yourself and her a favor and see if there is an attorney there that specializes in US immigration that you can consult with. There are so many variables in the law that there might well be one that you and she might be able to utilize to your advantage. One being, that comes to mind, is that if the company you are working for is a US company (I know you said they were a Japanese concern but they might well be a legitimate US who has transferred you to work in Japan for a temporary period) she might be eligible for expedited US citizenship. I know that is probably something she does not want because I believe Japan would rescind her Japanese citizenship. This last was told to me by my daughter's dear friend who is Japanese and a US PR since the age of 5. She and her family will not take US citizenship for that reason. Or perhaps she might be able to file for a re-entry permit although out of the country or might want to return to the States for a few months to facilitate such a filing. Do you see where I'm going with this? There is also the possibility that when you want to return to the US you might be able to do direct consular filing at the US Consulate there. Legal advice would be far better than the musing of us non-legals here ;-)
Wishing you luck and a happy next two years in Japan.
Rete
Originally posted by Peter McInerney
hello,
thank you for your replies to my post. and i've received advice from
you and other list members when i've had occasion to use the list in
the past, so belated thanks are in order too!
i was afraid the in-person visit couldn't be avoided. we did not ask
for a re-entry permit (i didn't know there was such an option).
re-entry itself isn't a problem for my wife, since she's japanese and
can stay 90 days with no problem.
so i'm thinking that unless there are other options, we may just have
to throw in the towel and withdraw our application. i don't want to
run afoul of the INS, in case we have to apply again or have to deal
with them again in the event of a return to usa. in the case of
withdrawing, do i have to explicitly notify INS? would they hold it
against us if we just didn't show up for the interview and thus voided
our application?
thanks again, and good luck!
-peter
-----------------------------------------------------------------------------
> hello,
>
> my wife and i (i'm the USC) recently moved to japan -- we'll be here
> for at least 2 years because my work contract (at a japanese company).
> just the other day, my wife FINALLY got her letter (forwarded to a
> relative, still in usa) saying that her conditional status has been
> lifted and she needs to go in person to get an I-551 stamp and wait
> for the card to arrive.
>
> we obviously would like to have the green card, because we've put in a
> lot of time, effort, and money (as everyone here knows!) to get as far
> as we did. also, we might end up moving back to the states in 2 years,
> and we hope not to have to do the whole thing over again.
>
> so here's my question. my wife already has a valid I-551 stamp because
> her old one was expiring and she needed to travel. so can we just wait
> out the arrival of the green card? is anything else required at her
> visit to the INS office?
>
> i'd appreciate hearing any other input people can give. thanks a lot.
>
> -peter
hello,
thank you for your replies to my post. and i've received advice from
you and other list members when i've had occasion to use the list in
the past, so belated thanks are in order too!
i was afraid the in-person visit couldn't be avoided. we did not ask
for a re-entry permit (i didn't know there was such an option).
re-entry itself isn't a problem for my wife, since she's japanese and
can stay 90 days with no problem.
so i'm thinking that unless there are other options, we may just have
to throw in the towel and withdraw our application. i don't want to
run afoul of the INS, in case we have to apply again or have to deal
with them again in the event of a return to usa. in the case of
withdrawing, do i have to explicitly notify INS? would they hold it
against us if we just didn't show up for the interview and thus voided
our application?
thanks again, and good luck!
-peter
-----------------------------------------------------------------------------
> hello,
>
> my wife and i (i'm the USC) recently moved to japan -- we'll be here
> for at least 2 years because my work contract (at a japanese company).
> just the other day, my wife FINALLY got her letter (forwarded to a
> relative, still in usa) saying that her conditional status has been
> lifted and she needs to go in person to get an I-551 stamp and wait
> for the card to arrive.
>
> we obviously would like to have the green card, because we've put in a
> lot of time, effort, and money (as everyone here knows!) to get as far
> as we did. also, we might end up moving back to the states in 2 years,
> and we hope not to have to do the whole thing over again.
>
> so here's my question. my wife already has a valid I-551 stamp because
> her old one was expiring and she needed to travel. so can we just wait
> out the arrival of the green card? is anything else required at her
> visit to the INS office?
>
> i'd appreciate hearing any other input people can give. thanks a lot.
>
> -peter
