What to do about husband's expiring conditional resident green card

[melon]

I am a USC and my husband has a conditional resident green card that expires on December 1st. He is going back to France for the school year (starting in late August/early September) to do a 9-month Master's degree. What is the best course of action to take? It seems pointless to apply for his 10-year green card in the 90 day period before it expires (ie. in early September) because while he could potentially fly back for his biometrics appointment, his semester ends after December 1st (so after his green card expires), so applying for the 10-year green card would likely just be a waste of money. He's planning on moving back in June, so he'll be gone for less that a year.

Any advice? Are we just going to have to do the whole green card application over again in the spring? Is he eligible for a Returning Resident Visa?

Also, since his green card expires on December 1st, but he's planning on coming back for Christmas for a couple of weeks will he somehow have trouble reentering the US at that time?

This whole thing is very stressful and we'd like to be as on top of things as possible before he leaves. Thanks in advance for any advice!

 

[BigJoe5]

I am a USC and my husband has a conditional resident green card that expires on December 1st. He is going back to France for the school year (starting in late August/early September) to do a 9-month Master's degree. What is the best course of action to take? It seems pointless to apply for his 10-year green card in the 90 day period before it expires (ie. in early September) because while he could potentially fly back for his biometrics appointment, his semester ends after December 1st (so after his green card expires), so applying for the 10-year green card would likely just be a waste of money. He's planning on moving back in June, so he'll be gone for less that a year.

Any advice? Are we just going to have to do the whole green card application over again in the spring? Is he eligible for a Returning Resident Visa?

Also, since his green card expires on December 1st, but he's planning on coming back for Christmas for a couple of weeks will he somehow have trouble reentering the US at that time?

This whole thing is very stressful and we'd like to be as on top of things as possible before he leaves. Thanks in advance for any advice!

Don't think even for one minute that your situation is unusual! It ain't!

Read 8 CFR 216.4 Joint petition to remove conditional basis of lawful permanent resident status for alien spouse.

(a) Filing the petition —
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(4) Physical presence at time of filing. A petition may be filed regardless of whether the alien is physically present in the United States. However, if the alien is outside the United States at the time of filing, he or she must return to the United States, with his or her spouse and dependent children, to comply with the interview requirements contained in the Act. Furthermore, if the documentation submitted in support of the petition includes affidavits of third parties having knowledge of the bona fides of the marital relationship, the petitioner must arrange for the affiants to be present at the interview, at no expense to the government. Once the petition has been properly filed, the alien may travel outside the United States and return if in possession of documentation as set forth in §211.1(b)(1) of this chapter, provided the alien and the petitioning spouse comply with the interview requirements described in §216.4(b). An alien who is not physically present in the United States during the filing period but subsequently applies for admission to the United States shall be processed in accordance with §235.11 of this chapter.

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Most I-751s that are well supported get approved without an interview. All that junk about witnesses is a rare thing that is just there for show and to scare folks away from sham marriages. BUT since it is there, it CAN be invoked in those rare cases where it is needed. (Probably NOT for you.)
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Failing to file the I-751 means he gets sent to see the Immigration Judge and might be placed in ICE Detention for a while.

Look up and read 8 CFR 235.11 and avoid it.

 

[Jackolantern]

I am a USC and my husband has a conditional resident green card that expires on December 1st. He is going back to France for the school year (starting in late August/early September) to do a 9-month Master's degree. What is the best course of action to take? It seems pointless to apply for his 10-year green card in the 90 day period before it expires (ie. in early September) because while he could potentially fly back for his biometrics appointment, his semester ends after December 1st (so after his green card expires), so applying for the 10-year green card would likely just be a waste of money.

It's not a waste of money, unless he plans to leave the US permanently.

If he files the I-751 within the 90-day window, he'll get a letter extending the validity of the existing green card for a year. While the process for the 10-year card is pending, he can enter the US with with the expired green card if it's accompanied by the extension letter. He can stay outside the US for 1 year, and it's a 9-month degree so what's the problem? Were you assuming that they'd cancel his card if he went abroad for 9 months?

 

[melon]

It's not a waste of money, unless he plans to leave the US permanently.

If he files the I-751 within the 90-day window, he'll get a letter extending the validity of the existing green card for a year. While the process for the 10-year card is pending, he can enter the US with with the expired green card if it's accompanied by the extension letter. He can stay outside the US for 1 year, and it's a 9-month degree so what's the problem? Were you assuming that they'd cancel his card if he went abroad for 9 months?

Thank you both for your responses! I had no idea about the letter extending his green card while the new one was being processed. I just assumed he wouldn't be able to leave the states while he waited for his new green card and that his old one would be canceled. So the only thing he'll have to come back for is the interview/biometrics?

 

[BigJoe5]

Thank you both for your responses! I had no idea about the letter extending his green card while the new one was being processed. I just assumed he wouldn't be able to leave the states while he waited for his new green card and that his old one would be canceled. So the only thing he'll have to come back for is the interview/biometrics?

You forgot the old saying: "When you assume, you make an *** out of you and me"--> ***/U/ME. The only thing that it is safe to assume in immigration is that you probably guessed WRONG.

 

[Jackolantern]

Thank you both for your responses! I had no idea about the letter extending his green card while the new one was being processed. I just assumed he wouldn't be able to leave the states while he waited for his new green card and that his old one would be canceled. So the only thing he'll have to come back for is the interview/biometrics?

Correct, he doesn't have to be in the US when it is initially filed or stay during the processing. He only has be in the US one day for the biometrics, and once again for the interview (if there is an interview -- most I-751s don't require an interview).

And he must ensure he doesn't spend 12 consecutive months or longer outside the US unless he has a reentry permit.