britinatl

G'Day all. Any advice welcomed. I will try to keep ths concise but tell all ...

I came to USA ( from UK ) on VWP in 1998. Met a Lady US Citizen and after a second VWP visit we arranged to marry. Did everything by the book with me in IK etc - came back on Fiancee Visa. Marries and at 90 days before two years, sent in I-751 in Feb 2001. Got the 'One Year Wait' letter to May 2002.

In Feb 2002, she and I divorced ( after 3 years of marriage ). I wrote a letter to INS Mesquite telling of this. I knew nothing of any 'forms' for the purpose.

In early 2002 I tried and tried to get info from the INS about my 'May 2002 deadline'. Impossible to get a reply from Mesquite and ATL office told me that papers were at Mesquite so they could not say anything. I sort of assumed this was all flying debris from 9/11 at the INS.

I remarried in June 2002 to a US Citizen of 30 years ( ex Taiwanese ). Because we were having a honeymoon cruise, I was DESPERATE to find out my status. Eventually the 'Hotline' assured me that I would be alright as 'the expiry date on GC expires, but the status does not' - seems they did not grasp the 2-year bit of it all.

I was allowed back after cruise, with INS officers making calls, but stamping my passport as "LPR" with no "Until" date. I thought the I-751 must have gone through without interview.

I still kept coming up against brick walls trying to find out about new Green Card.

A few weeks ago, I found the new USCIS site. It still could not find my file. The Hotline took my details and I got a letter asking me to make an appointment on Infopass to go there. I did, and was told that my file had been closed in 2003 ! I was gobsmacked. I never thought to ask "So what is my status ?".

Officer advised me to I-130 and I-485. Now the hard bit ... My wife of five years wants to return to Taiwan and divorce amicably to do so. Sad though THAT is, it seems I am up the creek without a paddle.

I cannot do the I-130 / 485 as by the time anything happens, I will likely be divorced, and know so at the point I submit them which seems doomed to failure and unethical at best !

I have filed joint taxes every year and not put a foot wrong apart from a traffic ticket.

I know your best advice may be "See a Lawyer" but anybody any other suggestions ?

Thank you for reading, I hope I have not missed out anything material.

Noorah101

Apart from the obvious "see a lawyer", perhaps make another Infopass appointment, and this time ask exactly what your status is. If they say LPR, then fill out an I-90 to request a new GC, perhaps yours got lost in the mail if the I-751 from 2001 was indeed approved.

Or, try applying for citizenship, seems you'd be eligible on the "5 years as a PR" by now. That should force USCIS to take a look at your file and status.

Best Wishes,
Rene

britinatl

Thank you Rene for the swift reply.

I thought though that to apply for citizenship in a case like mine, one had to have been 5 years an LPR - which would depend on the outcome of that I-751 ? ( Which of course is a bit in the air ).

I HAD thought of applying for a 751 waiver based on that initial 751 since that was the means by which I got a GC in the first place ( have I put that right ? )

Kind Regards.

Rete

CPR/LPR same difference in terms of timeline for naturalization.

Seriously though, a one-time consultation with a well versed immigration attorney is in order. He might suggestion that you file on-line for a replacement greencard via form I-90 or he might suggest something else.

You were to refile the I-751 once your divorce was final if you had not heard anything to the contrary.

Good luck and please let us know what happens.

Rete

Also, the person you spoke was correct, the card expired, your status didn't.

If after checking the database the officer marked your LPR it would seem on the surface that your status was changed to LPR without interview. In the olden days (like your application) the I-751 case number was not placed on the computer and you won't find anything about it there.

I know what I would do but then I'm not you ;-)

Noorah101

No, it's 5 years as a PR - including your time as a CPR.

Rene

britinatl

Thank you. Still am a tad confused ( was born that way ).

Rete - if I WERE 'You' - what would we do YOUR style ?

Rene - You mention the PR part, but bear in mind, that since by status after the CPR 3 years ( 2 + 1 extended ), so far as I am aware I do not have any 'PR' time in ( see what I mean ? ).

From reading tons of stuff, the bit about the 'card expiring, not the status' only seems to apply when one HAS UNconditional status, but I thought status does expire with the date of CPR expiration ?

Am DESPERATELY trying to figure out if I am 'Illegal' or 'Out of Status' or 'What'. Least when I went down the USCIS office they did not cuff me and have me walk the plank !

Keep Smiling y'all !

Noorah101

Not really. You were definitely a PR for at least 2 years on paper, 3 if you count the 1 year extension letter, and you haven't heard yet to the contrary, I'd say you've been a PR since the day you were issued your very first GC. You were a PR since that date, even if it was CPR status.

No, your status does not expire with the date of CPR expiration. You are still a PR, even if you don't have the GC to prove it. That is, until USCIS strips you of that status....which it doesn't sound like they've done so far.

Rene

britinatl

Ya know - whether the USCIS agree with you or not - you know a lot more than I ( OBVIOUSLY ) and I think you are a STAR for helping wayward folks like myself who have fallen through ( or leapt into ) the cracks.

On behalf of more than actually say it ... THANK YOU for your time !

Wanna put bets on this ?

Rete

As I mentioned, CPR time is the same as LPR time. There is no difference in calculating time for naturalization. You need five years as you are not married (and won't be at the time of filing and/or naturalizing) to go the 3 year route.

Moi? I would file the I-90 and see what comes up. That's what I would do. Not suggesting you do the same.

meauxna

A VERY important caveat is that a PR with conditions must file the I-751 on time for the status to not expire. It sounds like this OP did, but WHEN was his I-751 approved? The timing with his first divorce might make a difference, if he needed to file a waiver of the joint filing requirement.

I think the 'file is closed' information is very peculiar. A Local Office should be able to look up and tell him what his status is (tho it might not be the best thing to go in and find out).

I wouldn't be too optimistic just yet. If the I-751 was approved in error...

However! OP, you became a Permanent Resident on the date indicated on your Green Card. The one that reads 'Resident Since'. For N-400 purposes, a PR is a PR is a PR. Forget the part about 'conditions' when it comes to Naturalization.

britinatl

Thank You all for your advice.

Of the 'possibilities', I think I will go straight for the jugular and apply for Naturalization based on ( more than ) 5 years residency unless that triggers a big alarm with anyone.

As a quickie, and I MUST have read it but forgotten - Do I need to submit anything else ( like I-90 ) to try to get an updated, if temporary 551 card or stamp ?

Thanks again folks, y'all do a great job here !

Rete

Yup you have to show proof of residency at the time of filing the N-400, i.e. I-551 stamp and/or green card.

So you need to have the actual green card and/or the stamp. You get the green card by filing I-90 but it takes about a year to get the card. Or you make in Infopass appointment and get the stamp. Now that will tell you right off the bat if you are indeed a LPR.

britinatl

Thanks Rete - will do the InfoPass route, this time having SOME idea of what to expect. Talk about Daniel in the Lions Den - Gimme the Lions anyday !

Rete

Karma for luck on that trip and its results.