I - 751 Troubles - Help Needed

[Bule Gila]

Hi Everyone,

Well we seemed to have really gotten ourselves into a pickle.

Last August, 2010 both my wife (GC holder) and I (US citizen) moved to Spain so that I could attend school. I don't know how I was dumb enough to miss the deadline for submission of the I - 751 form... but I did. The green card expired two weeks ago (March 13th, 2011). As jobs are scarce for my profession here in Spain, the plan was to move back to the U.S. How we can do that now, I don't know.

What are the possibilities and their consequences on how I can address this now?

What would happen if we were to file the I-751 extension now? Besides the issues of gaining entry into the US, will we have to go to court once my wife is admitted?

If we do not respond, and she stays out of the US will she be put on some kind of blacklist, and consequently this will hurt other US Visa applications down the road?

At this point can we surrender the green card to the US embassy, or is that too late?

Basically, what would you do? Try to get back into the country through the current status, or apply for a new green card all over again?

Any help is GREATLY appreciated. The embassy is only saying get in contact with USCIS, and when we call USCIS they read from a prepared list, not answering any of the concerns.

Thanks again,

A worried couple

 

[Jackolantern]

If she wants to keep the green card, file the I-751 ASAP. They often accept applications that are a few weeks late. The I-751 can be filed when abroad.

The next problem is for her to reenter the US with an expired green card. If they accept the I-751 despite it being late, they'll soon send a one-year extension letter. That will be delivered to your US address, so somebody needs to send it to her by Fedex/UPS/DHL (don't use mail) or some other international courier that delivers to the country where she is. With that letter accompanying her green card, she'll be able to return to the US, which she'll need to do soon for fingerprinting (which will happen some 3-6 weeks after filing the I-751).

Did she apply for a reentry permit before leaving the US?

What would happen if we were to file the I-751 extension now? Besides the issues of gaining entry into the US, will we have to go to court once my wife is admitted?

If you simply do nothing, they could initiate a deportation order for her because they might think she's still inside the US. As long as that deportation order is unresolved, it will create obstacles if she wants to return to the US. So before that happens, she should either surrender the green card or file the I-751.