I-131 timeline ?

[handxx]

Hi,

We filled out I-131 for my wife on November 8th, our check had been cashed and I received the receipt for the payment. We are planning to move overseas hopefully at the end of January? After receipt notice, when we can expect an appointment date for biometrics ?

I am checking the status tracker on USCIS website but it only shows that they received payment but not scheduled any biometrics appointment.Is there any time frame because our apartment lease expires at the end of January and we need to leave asap once my wife completes her biometrics.

 

[BigJoe5]

Are you a USC married to an LPR? Is the reason for going abroad related to your work? Would she qualify for benefits under INA 319(b) [8 USC 1430(b)]?

http://frwebgate2.access.gpo.gov/cgi-bin/TEXTgate.cgi?WAISdocID=RAxT4K/0/1/0&WAISaction=retrieve

Are you also an LPR going abroad for work and taking your family? If so, would you qualify for benefits under INA 316(b) [8 USC 1427(b)]?

http://frwebgate1.access.gpo.gov/cgi-bin/TEXTgate.cgi?WAISdocID=zPGJch/0/1/0&WAISaction=retrieve

Processing times are posted at: https://egov.uscis.gov/cris/processTimesDisplayInit.do

 

[handxx]

I am a US citizen and my wife has a GC already through our marriage. We are not travelling for my work but I will not be employed through US Government or a US company overseas.

 

[BigJoe5]

I am a US citizen and my wife has a GC already through our marriage. We are not travelling for my work but I will not be employed through US Government or a US company overseas.

In that case, if she is a conditional resident (CR-1 or CR-6 on the greencard) her Re-entry permit will be issued only to the time that an I-751 has to be filed.

If not conditional and this is her 1st RE permit, it is issued for 2 years. A 2nd one can be issued for another 2 years (she would have to return to U.S. to apply and be fingerprinted and photographed). A third would only be issued for 1 years (if at all). Then continued travel would result in the LPR status being stripped and card taken away by an Immigration Judge if not surrendered upon request and completing an I-407 to document abandonment. In the event of a loss of the card, a voluntary surrender and I-407 is better option IF she might like to re-immigrate in the future after that time. Not that it will come to that but, it's better to be informed in advance.

See the regulations at: http://ecfr.gpoaccess.gov/cgi/t/tex...8&tpl=/ecfrbrowse/Title08/8cfr223_main_02.tpl

AND ESPECIALLY FROM

8 CFR 223.2
(2) Extended absences. A reentry permit issued to a person who, since becoming a permanent resident, or during the last 5 years, whichever is less, has been outside the United States for more than 4 years in the aggregate, shall be limited to a validity of one year, except that a permit with a validity of two years may be issued to:

(i) A permanent resident as defined in 8 CFR 211.1(b)(1)(ii) or 211.1(b)(4);

(ii) A permanent resident employed by a public international organization of which the United States is a member by treaty or statute, and his or her permanent resident spouse and children; or

(iii) A permanent resident who is a professional athlete who regularly competes in the United States and worldwide.

There is more................

 

[handxx]

Joe , thanks for your detailed reply.

I have another question. My wife has a conditional GC at the moment , I believe her 2 year conditional GS will expire August 2012 , this is the expiration date on her GC. Since we already applied for I-131, you mentioned that they will issue re-entry permit until August 2012 right , do I understand correct ?

Second question, once she gets her re-entry permit, she will only have 1 more 2 year re-entry permit and 1 year re-entry permit right ? Or once she gets her Unconditional GC, she can have 3 more re-entry rights ?

I hope i did not confuse you , thanks.

 

[BigJoe5]

Joe , thanks for your detailed reply.

I have another question. My wife has a conditional GC at the moment , I believe her 2 year conditional GS will expire August 2012 , this is the expiration date on her GC. Since we already applied for I-131, you mentioned that they will issue re-entry permit until August 2012 right , do I understand correct ?

Second question, once she gets her re-entry permit, she will only have 1 more 2 year re-entry permit and 1 year re-entry permit right ? Or once she gets her Unconditional GC, she can have 3 more re-entry rights ?

I hope i did not confuse you , thanks.

A CR might be issued a permit good to the date on the card or it might be earlier, I guess once she gets it you can tell us on this forum.

When conditions are lifted all the conditional time is converted so, it does not start anything over from the beginning. In this case, that permit counts in the overall consideration. However, the conditional time also counts towards naturalization BUT that might not do her any good with prolonged absences. Her prolonged absences from the U.S. will likely put her in a position where she will need to wait 2 years and 1 day after you finally come back to stay before she can file for naturalization.

See 8 CFR 316.5(c)(1)(ii) about that at www.uscis.gov on laws tab.