Hypertweeky

That's what I read here:

http://antaoandchuang.com/reentry.html

Folinskyinla

Hi:

I looked at this. It is generalized. However, it does NOT cover the OP's situation. He already has valid documentation to return and his posting makes that crystal clear.

All this stuff about re-entry permits and special immigrant visas are a tangent.

loke52

If we file the i-751 however, that will still possibly get me permanent residency, however, it is still quite confusing....the united states government (ie the air force) will give me permission to go abroad on my wife's orders, however the "USCIS" wont necessarily..... I still need proof to them, that I'm not violating their laws of not being out of the country for no more than certain time frame.....therefore dont I need some sort of documentation? And also my wife has to be in england by the 30th of august....will we have to do an interview ?(as most conditionals have to?) will I have to wait here in the states to get the permanent visa? can it be expidited?

And will the amount of time we spend in england void me of the ability to move back because permanent residents can only be out of the country for 2 of the last 4 years? or is there an exception for military non-citizens on their spouses orders? if so where can I find the exception in writing.....??

Folinskyinla

Hi:

My apologies -- I thought you had your condtional green card. What happened to it? You may want to file an I-90 to get the replacement. Also, many joint I-751's are NOT interviewed. If you are, you have damn good reason to delay it.

I had misunderstood your problem -- do that I-90 ASAP.

loke52

loke52's wife replying:


He does have his conditional green card, and it is valid up til june of 2005. this whole process is ultimately confusing in that I looked at the memoradum that states "people deployed because of Operation Enduring Freedom" can have their permanent card immediately. I am neither deployed or fighting in that specific operation. otherwise I think they would give him the permanent residency card. However it does not take away the fact he will be out of the country for 3-4 years.

Does you know of any law that says that permanent residents can live outside of the country if they are on their active duty's spouses orders? I have searched the INS's website and can't find any clear definition, I feel confident in. they have written something generic, in that there are "certain exceptions" for active duty member's spouses on their spouses orders.

This is trying. I PCS in about 4 weeks.

-loke52swife

Folinskyinla

Hi:

That policy memo you cite is about what happens when the alien spouse is left behind Stateside and the citizen spouse is humping in Enduring Freedom and is not avaialable to sign the joint petition.

I already mentioned that is seem that both of you will be available to sign and submit the I-751 when the time comes. No problem.

If you are selected to be interviewed -- you have a damn good excuse for not showing up -- one CIS will honor in my experience. [I've had several instances in peacetime where former INS waived the appearance of the husband at the I-130/adjustment interview because he was at sea in the Navy].

For being outside of the US -- this is NOT just determined by time. If you want to see the case law on it -- go the "virtual law library" at www.usdoj.gov/eoir -- drill down to BIA/AG decisions and look at volume 15 for "Kane" and volume 19 "Huang" -- those are the two mother abandonment cases. Being with a spouse in the military on orders is a classic example of a permissilbe long term absence from the US.

On entry documents, 8 CFR 211.1(a)(6) http://uscis.gov/lpBin/lpext.dll/ins...lb-8cfrsec2111 -- applies even in peacetime.

IMHO, this is also an indication of no abandonment by military spouses.

This stuff is long established and well known within the military -- and has nothing to do with the "war on terror" or "enduring freedom". That is why I've been quite puzzled by the inquiry.