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I-751 -living apart/abroad for 7+ months. What to do?

I-751 -living apart/abroad for 7+ months. What to do?

Old Jan 5th 2011, 10:54 am
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Default I-751 -living apart/abroad for 7+ months. What to do?

Hello

My husband and I will be applying for my permanent green card in a couple of months and have started to find all the necessary papers etc.
The last 7 months I've been living abroad in my home country studying while he's been living in the US. I'll be staying here for another couple of months before returning to the US.
Does anyone know how that will affect our I-751 application?
We have records of him visiting me for Christmas as well as emails and pictures. We still have a joint address in the US as well as joint car insurance, bank account and tax returns. I'll also get a certificate from the school I've been studying at as well as copies of records of me applying for University in the US starting this fall.
Has anyone experienced anything similar? Did you run into any kind of trouble with the USCIS?
Any advice will be greatly appreciated.

Thanks so much.

-Ida
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Old Jan 5th 2011, 2:21 pm
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Default Re: I-751 -living apart/abroad for 7+ months. What to do?

You should be fine as long as you clearly explain the situation to USCIS, as you have here. You seem to have appropriate documentation.

Regards, JEff


Originally Posted by Idathue
Hello

My husband and I will be applying for my permanent green card in a couple of months and have started to find all the necessary papers etc.
The last 7 months I've been living abroad in my home country studying while he's been living in the US. I'll be staying here for another couple of months before returning to the US.
Does anyone know how that will affect our I-751 application?
We have records of him visiting me for Christmas as well as emails and pictures. We still have a joint address in the US as well as joint car insurance, bank account and tax returns. I'll also get a certificate from the school I've been studying at as well as copies of records of me applying for University in the US starting this fall.
Has anyone experienced anything similar? Did you run into any kind of trouble with the USCIS?
Any advice will be greatly appreciated.

Thanks so much.

-Ida
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Old Jan 5th 2011, 2:37 pm
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Default Re: I-751 -living apart/abroad for 7+ months. What to do?

We were/are in a similar situation. My husband and I live together in Arizona, but he spends most of his time working in California. This was our situation when his time came to remove conditions, and we didn't have any problems. We did not include anything to show he was working in California, though...his permanent address and life is here in Arizona, he only travels to California because of work, so we only provided our proof of bonafide, ongoing marriage.

Are you planning to file the I-751 while you're still oversesas? I assume you'll be back in the USA before your current 2-year GC expires? You'll have to be in the USA to get your biometrics done, which happens a few weeks after filing the I-751.

Rene
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Old Jan 5th 2011, 8:56 pm
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Default Re: I-751 -living apart/abroad for 7+ months. What to do?

Originally Posted by jeffreyhy
You should be fine as long as you clearly explain the situation to USCIS, as you have here. You seem to have appropriate documentation.

Regards, JEff
Hi Jeff,
So basically a personal letter explaining the above would be a good thing to send along too?


Originally Posted by Noorah101
We were/are in a similar situation. My husband and I live together in Arizona, but he spends most of his time working in California. This was our situation when his time came to remove conditions, and we didn't have any problems. We did not include anything to show he was working in California, though...his permanent address and life is here in Arizona, he only travels to California because of work, so we only provided our proof of bonafide, ongoing marriage.

Are you planning to file the I-751 while you're still oversesas? I assume you'll be back in the USA before your current 2-year GC expires? You'll have to be in the USA to get your biometrics done, which happens a few weeks after filing the I-751.

Rene
Hi Rene
We'll be filing while I'm overseas (in mid-February) but I'll arrive in the US in early March so I should be there for the biometrics.



Thanks so much for for your replies :-)
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Old Jan 5th 2011, 9:12 pm
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Default Re: I-751 -living apart/abroad for 7+ months. What to do?

Originally Posted by Idathue
Hi Rene
We'll be filing while I'm overseas (in mid-February) but I'll arrive in the US in early March so I should be there for the biometrics.
When you come to the USA in March, will you be staying permanently? Or going back overseas for school again?

Rene
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Old Jan 5th 2011, 10:06 pm
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Default Re: I-751 -living apart/abroad for 7+ months. What to do?

An attachment to the application form, not a "personal letter", would probably work better so that the explanation will be less likely to become separated from the application and overlooked if not lost.

Regards, JEff


Originally Posted by Idathue
Hi Jeff,
So basically a personal letter explaining the above would be a good thing to send along too?
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Old Jan 5th 2011, 10:17 pm
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Default Re: I-751 -living apart/abroad for 7+ months. What to do?

Does not OP need to apply for a Re-Entry Permit? Since she is staying outside the US longer than 180 days...sorry if the question is dumb.
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Old Jan 5th 2011, 10:21 pm
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Default Re: I-751 -living apart/abroad for 7+ months. What to do?

Originally Posted by EU_Girl
Does not OP need to apply for a Re-Entry Permit? Since she is staying outside the US longer than 180 days...sorry if the question is dumb.
No, a re-entry permit is only for someone who is planning to stay outside the USA for 1 year or more.

Rene
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Old Jan 5th 2011, 10:41 pm
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Default Re: I-751 -living apart/abroad for 7+ months. What to do?

I see. Thanks Rene!
Originally Posted by Noorah101
No, a re-entry permit is only for someone who is planning to stay outside the USA for 1 year or more.

Rene
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Old Jan 5th 2011, 10:46 pm
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Default Re: I-751 -living apart/abroad for 7+ months. What to do?

Originally Posted by Noorah101
When you come to the USA in March, will you be staying permanently? Or going back overseas for school again?

Rene
I'll be staying for 5-6 weeks, then go back and return some time in the Summer. Would that cause any trouble?
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Old Jan 5th 2011, 10:47 pm
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Default Re: I-751 -living apart/abroad for 7+ months. What to do?

Originally Posted by jeffreyhy
An attachment to the application form, not a "personal letter", would probably work better so that the explanation will be less likely to become separated from the application and overlooked if not lost.

Regards, JEff
Great. I'll do that. Thanks so much :-)
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Old Jan 5th 2011, 11:01 pm
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Default Re: I-751 -living apart/abroad for 7+ months. What to do?

Originally Posted by Idathue
I'll be staying for 5-6 weeks, then go back and return some time in the Summer. Would that cause any trouble?
OK, so you'll file I-751 in mid-Feb. Then you'll come to the USA in early March and hopefully have your biometrics appt during that time. Also during that time, hopefully you'll receive the 1-year extension letter in the mail.

You'll need the 1-year extension letter plus your green card to travel. If you need to leave the USA before your 1-year extension letter shows up, you can have your husband send it to you (via a trackable secure method). You'll need that letter in order to return to the USA after your 2-year GC expires.

The only concern is that you leave the USA without the extension letter, your GC expires, and USCIS needs you in person for something (or you need to return to the USA for an emergency).

Rene
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Old Jan 5th 2011, 11:10 pm
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Default Re: I-751 -living apart/abroad for 7+ months. What to do?

Originally Posted by Noorah101
OK, so you'll file I-751 in mid-Feb. Then you'll come to the USA in early March and hopefully have your biometrics appt during that time. Also during that time, hopefully you'll receive the 1-year extension letter in the mail.

You'll need the 1-year extension letter plus your green card to travel. If you need to leave the USA before your 1-year extension letter shows up, you can have your husband send it to you (via a trackable secure method). You'll need that letter in order to return to the USA after your 2-year GC expires.

The only concern is that you leave the USA without the extension letter, your GC expires, and USCIS needs you in person for something (or you need to return to the USA for an emergency).

Rene
Thanks for the info, Rene.
I didn't know about the extension letter. Do you have any idea how long it'll take to show up up in the mail after the approval?
Also, is the extension letter another form of conditional approval, like the temporary two-year GC?
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Old Jan 5th 2011, 11:17 pm
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Default Re: I-751 -living apart/abroad for 7+ months. What to do?

Originally Posted by Idathue
Thanks for the info, Rene.
I didn't know about the extension letter. Do you have any idea how long it'll take to show up up in the mail after the approval?
It shows up before the approval of your I-751. First you file I-751. Then you get a biometrics appt letter and go in person to get that done. At some point you receive a letter from USCIS which extends your conditional status for 1 year. Eventually your I-751 gets approved and you receive a 10-year green card. I would think the 1-year extension letter would come a few weeks after filing the I-751.

Also, is the extension letter another form of conditional approval, like the temporary two-year GC?
No, it's not another form of conditional approval. It just extends your current conditional status for 1 year while they work on your I-751.

Rene
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Old Jan 5th 2011, 11:24 pm
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Default Re: I-751 -living apart/abroad for 7+ months. What to do?

Originally Posted by Noorah101
It shows up before the approval of your I-751. First you file I-751. Then you get a biometrics appt letter and go in person to get that done. At some point you receive a letter from USCIS which extends your conditional status for 1 year. Eventually your I-751 gets approved and you receive a 10-year green card. I would think the 1-year extension letter would come a few weeks after filing the I-751.


No, it's not another form of conditional approval. It just extends your current conditional status for 1 year while they work on your I-751.

Rene
Oh, I see :-)

Thank you, thank you for all your help!! It's really appreciated!
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