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-   -   I751 and out of country (https://britishexpats.com/forum/marriage-based-visas-35/i751-out-country-935429/)

Chins Oct 25th 2020 6:59 am

I751 and out of country
 
This maybe an interesting one !

Filed my I-751 last July. At the time we owned a house in NJ, two cars etc so lots of evidence etc. Come September my wife got the news her Dad was terminally ill - he lived in SD. Wife then wanted to spend time with her mum in UK and get an investment property over in the UK. So effectively in Dec we were potentially looking to sever most ties with the USA. We sold the house and got rid of a car. I took a six month rental in NJ and moved my payrole to the UK so i could get a mortgage. I was spending 70% of my time in the USA, then COVID. Office in NJ shut, US customers not wanting to see suppliers etc.

So i have been in the UK since March and its just rolled on. Hoping for travel corridor etc. I have kept the apartment in NJ, lease car up until Sept, joint US bank account etc. Office now just opening, but still they want as few people in as possible.

Now the wife would like to move back to the USA. We are looking at her moving back in March. We are looking to make a trip to the USA in the next few weeks and i will stay on and now make it into the office after quarantine. Return to UK for Christmas and then back full time Jan 1, plus back on US payroll.

If i had known i was going to be out of country this long i would of informed USCIS, but with them taking 18 months to look at I-751's I am not sure this would of been seen. Covid has really put a bit of a spanner in the works. My status on USCIS has just moved to ready to schedule an interview. So I may have issues when we fly in and i am unsure if i should do something proactive with USCIS.

Thanks for listening and advice really appreciated. Dont want to upset USCIS and even if i have screwed up now we would like to retire to US in 4 years whatever. Dont want a big warning marker against me.




Noorah101 Oct 25th 2020 12:24 pm

Re: I751 and out of country
 
There's nothing proactive you can do now. Go ahead and attend the interview and see what happens.

My guess is that it will be a joint interview, so make sure you both are available to attend.

Rene

scrubbedexpat099 Oct 25th 2020 1:11 pm

Re: I751 and out of country
 
You are not subject to the 2 weeks quarantine if that is what the issue is, maintaining your residency seems a bigger issue.

Chins Oct 25th 2020 1:23 pm

Re: I751 and out of country
 

Originally Posted by Boiler (Post 12926002)
You are not subject to the 2 weeks quarantine if that is what the issue is, maintaining your residency seems a bigger issue.

My work requires anyone that has travelled internationally to not go to the office for 2 weeks.

Chins Oct 25th 2020 1:24 pm

Re: I751 and out of country
 

Originally Posted by Noorah101 (Post 12925983)
There's nothing proactive you can do now. Go ahead and attend the interview and see what happens.

My guess is that it will be a joint interview, so make sure you both are available to attend.

Rene

Thanks. Was worried there was something I should of been doing. Worried what border control will say when we fly in !

scrubbedexpat099 Oct 25th 2020 1:31 pm

Re: I751 and out of country
 

Originally Posted by Chins (Post 12926011)
My work requires anyone that has travelled internationally to not go to the office for 2 weeks.

That is not an immigration issue.

scrubbedexpat099 Oct 25th 2020 1:32 pm

Re: I751 and out of country
 

Originally Posted by Chins (Post 12926015)
Thanks. Was worried there was something I should of been doing. Worried what border control will say when we fly in !

Reports I have seen suggest there may be more leniency but no way of really knowing.

Rete Oct 25th 2020 2:15 pm

Re: I751 and out of country
 

Originally Posted by Boiler (Post 12926019)
That is not an immigration issue.

Wrong side of the bed, Boiler?

He never said it was an issue. It was all made up in your mind.

But yes, showing the continuation of residency while out of the country is a pertinent issue but he has that covered with the apartment, bank accounts, etc. and the fact that he has only been outside of the US since March of this year.

scrubbedexpat099 Oct 25th 2020 2:33 pm

Re: I751 and out of country
 
He will have been out for more than 6 months. so normally could expect a trip to secondary, like I said seems this is less likely due to Covid but do not have any stats to substantiate it. Over a year and then yes, big issue.


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