Recieved GC In The Mail While Out Of US On Valid AP

anthrepp

New Member
Dear Possible Helper,

This is my forst post to the forum, but have used it as research in the past and it has helped more than I can express, so thank you.

Another web forum said I am misunderstanding my situation because one must have an interview before recieving GC (conditional 2 year). However, I have a copy of the front and back of the card sent to me by a relative. The card looks like the following:

The Front

The very top says: "Permanent Resident Card" in black
On the left side is my wifes picture with her name above it.
On the right side is her fingerprint.
The middle of the card states from top to bottom- my wifes A#,Birthday-Catagory-Sex all next to each other on next line, Country Of Birth, Card Expires (In Red), Resident Since, Below that are three lines of digits and >>.

The Back

The top says "Department of Homeland Security" and underneath that says "Permenant Resident Card" in white with green around it.

The Confusing Situation

My wife is currently accompanying me on a valid AP while I am working overseas, in her home country, on a contract ending in March. We left in August, but now her AP is no longer valid since her GC arrived in the mail. Any suggestions?

The following is some background pertaining to my wife’s situation:

1. My wife arrived on a K1 Visa in Feb. 2005. We got married that month and sent in our applications for her I-485 (Change of Status) and I-131 (Advanced Parole, AP).

2. With the I-131, my wife stated in an attached notorized that she wanted an AP to accompany her husband while he works overseas in her home country for 8 to 10 months. In addition, she wrote that her grandmother had been sick and was recovering from cancer. Her AP was accepted and she received an AP that was valid for one year with multiple entries.

3. We left the US on August 3, 2005, with her AP while her I-485 was being processed and made sure that a relative would get our mail at our home address in the US in case we needed to fly back for an interview.

4. On 12/03/2005, our relative informed us that my wife received her Permanent Resident Card (CF-1), with no interview.

Unanswered Questions
I understand that re-entry to the US all lies in the hands of the POE. I am just looking to do the right thing so my wife can be honest and confident in her knowledge when speaking wit POE.

This leaves many questions unanswered and I have called USCIS five times and received four different answers. First, can she re-enter the US on the Advanced Parole that was issued? If not, should we have the relative mail my wife's Green Card to us, or personally fly it to us? Will possession of this allow her to enter the US more smoothly? Third, does the continuous residency law have anything to do with admitnace into the US or just time till one can apply for naturalization, which is not a concern at this time- one step at a time. When does time out of the country begin, when my wife got her GC status or when she left the country on her AP? Does anyone think re-entry is a problem?

We have proof on us that she did not abandon her US life. She has her bank statements (although not much money in it, from her US regional bank. She also has her Massachusetts Child Care License, her Social Security Card, and we will file a 1040 tax return for her because she has been working, at the same school as myself, while overseas- her contract also has an ending date which proves it is temporary. Also we have a copy of my contract stating my job will end at the end of March. We also have a letter sent with the AP application which states our intent to return to the US after 8 or 9 months abroad, and postal letters with her name on it sent to our residency in the US. However, we have no proof of paying residency because we live in my parent’s house. It is a duplex.

Sincerely,
Anthony Reppucci

Happy New Year
 
No need to worry anthrepp. That is the Green Card that have arrive in the mail. The card is not really Green (only the back of the card have anything green).
You need to have this card mail to you ASAP (DHL, FedEX, UPS etc....). Your wife can use this card to reenter the country.
 
The interview is not necessary in some cases of K1 visa. So don't worry about that you didn't have an interview.
Since is the card not an AP, your friend should mail to you that important document to you and your wife ASAP before enter the country. The problem that at USCIS system she is a permanent resident already approved and if she enters using AP she will misrepresent herself stating like she is not a PR instead a parolee.
Tell your friend that first take a copy of back and front of her green card (and notarize it in case that get lost in the mail, on these days is way better to be sure of everything!) and then mail the card to you with all kind of guarantees and receipts so all of you be sure that you will received it.
By the way, if you still have doubts, go to your nearest Consulate and ask them. Plus there is a number for ICE that they can answer you too.
Good luck,
 
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