URGENT - interview next week. Help needed

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crazygc

Registered Users (C)
Please help
Here is my situation.
When I had sent packet3, I had filled OF230, and mentioned my US address. Since then, I have come to India for 1 year on my company assignment. So, I have given up my aparment in US (which was the address mentioned on OF 230)...
My interview is next week - so I am confused about what address to write in DS230 for item 10, item 11 and item 13.
Item 11 (where gc needs to be mailed), I am going to give a friends address
by including my name, then c/o. friends name, friends address
Item 10 (permanent address where you will live in US) - I am not sure where I will stay - so what to do? Can I just give my friends address? OR what suggestions to people have? what have other people done?
Item 13 (present address) - what to write here - I can write India address, but then it will be different than the present address in OF230 submitted during packet 3. Is that ok or what suggestions do people have?

So, please help guys. I need to fill these out urgently for my interview next week
Thanks
 
No Title

The addresses on Packet 4 need not be the same as on Packet 3. Packet 4 goes you the opportunity to change things that have changed since submitting Packet 3.
As far as item 13 goes, you HAVE to give Indian address.
There is no verification of these addresses as such, and it depends on what address you want to provide. Make sure you give a current address of lawyer/relative/friend to receive the plastic card. Don\'t give an old outdated address. I got my plastic card in 10 days, so you will not have the time to change your address like people used to.
Other than that, addresses are a purely academic exercise.
Other gurus, please comment on this problem.
Good luck
MJ1
 
Urgent - help needed

Thanks MJ.
Other gurus, Patta Hara, and others, please also share your thoughts, and help!
 
MJ1 is correct

For present address put your Indian address.
For Plastic Card put your friends/family\'s US address
For Permanent US address you can also put your Friend/family\'s address

It is just an "academic excercise" as MJ1 rightly puts it. You will also get another chance to change address at the POE if you so desire.

Remmember you have to make an entry in the US with your Immigrant visa within 6 months of your visa issuance. So if you are away for 1 year make sure you travel back with in 6 months to avail your immigrant visa. Once you enter you will get a 551 stamp on your passport that you can use to travel back and forth for one year if needed. But plastic cards are coming in about 10-15 days these days..
 
PattaHara- Thanks but there are more issues

Hi Paata Hara,
I understand your point about coming back in 6months.
I will most probably will be entering US within 15 days of my interview.
However,there are bigger problems with this -
Is it okay for me to be away for around 10 months from the US? I ask this because as I mentioned I have taken up an international assignment in India with my company for a minimum of 1 year. I still get paid in US dollars, however I have given up my apartment in the US. So, though I will enter the US immediately after the appointment, is it okay for me then not to be in the US for another 10 months or so? OR will I loose my green-card?
Please help. I will be back in the US around Jan 2003 (my interview is next week). So, will they question me why I was away for so long?
What are the workarounds here? If I make trips to the US for a week every 3-4 months, will that help OR make no difference?
Please help
 
If working for a US company overseas

You are still "Domiciled" in US. Hence it will not be counted against you for GC Residency purpose and also time spent overseas will be counted to your 5 year towards Citizenship.
You might wanna chat with your Attorney if he/she advise you to inform INS of your situation before you fly back after your "US Entry post interview."

Some GC holders take permission from INS to stay over for 2 years and then they make a trip back. In your case if you can make a trip back every 6 months then you are good. Make sure you still have a US address(friend of family) for your mail forwarding.
 
crazygc: first of let me say you\'re one lucky dude !

Living in India an getting paid in $s ! Wow. But to cut the crap and get to your question(s), here are my thoughts.

Addresses, I think the gurus have covered quite well.

About maintaining GC status there are two things
a) you\'re expected to live in the US for atleast 180 days of the year, which I guess in your case would be difficult.
b) if you don\'t, it doesn;t mean your GC will be automatically be canceled, but INS (meaning the person at POE) could question the validity if they notice that you have not. What you need to show in such a case is that you always had the intention to live in US and had to go outside due to compelling reasons which in your case is true. Some things you could do and carry evidence when you travel into US - letter from the company stating you were on temp assignment in India for the said period and are returning to US, file taxes in US, maintain an address, better still a PO box in your name (your friend can collect whatever mail and send it to you), keep the reciept,... any other creative ideas to show you planned to live in US. If you travel in and out of US frequently, I don;t think you would have much of a probs anyways.

Just my 2c worth.
 
Patta and other gurus - this ones for you

Hi Patta,
You had mentioned for my situation:
"For present address put your Indian address.
For Plastic Card put your friends/family\'s US address
For Permanent US address you can also put your Friend/family\'s address"

Now, for the Plastic card address, when we give friend\'s US address, how should it be:
"MyName" c/o. "FriendsName"
Street123,
City, State

(i.e. should it say c/o friendsname??
What did you doe?
 
CrazyGC: additional idea

You can get a re-entry permit from INS, stating that you will be out of the country due to company business. That will make things perfectly safe for you.
 
Don;t think it would be problem either way

But try to avoid c/o as far as possible. Somewhere, I read that this could be taken as "no residence" if you get embroiled in a "leaving employer too quick" kind of deal.
 
Your Address at your friends hint

Consulargc Lastname
1234 Long Street
AnyCity, CA 9xxxxx

That is all. Your friends name does not need to be there...It is practically YOUR Address.
 
Rajesh - thanks, but there is another issue

Rajesh,
I have heard about re-entry permit, but don\'t understand it well.
Let me ask a few questions, please:
1. I have heard that I need to be in the US when I apply for the re-entry permit. I am already in India for my company assignment. I donot mind going to the US for a short trip like a week to apply for re-entry permit. But, is a week or 2 weeks duration in the US sufficient for doing the formality and getting back whatever we need from the INS? Will they question that since you are in the US just for a short trip, you cannot apply for re-entry permit?
2. What are the chances of re-entry permit getting acccepted? What is the basis of acceptance? Is the reason that I have about being out of the country on a company assignment a valid enough reason for INS to approve the re-entry permit?
3. Any other problems with re-entry permit?

thanks a lot for your help
Really appreciate this...
 
Don\'t sweat it.

Your case is very straight forward and perfectly valid. Don\'t worry about any thing dude.

Here is my advice on various issues you mentioned:

ADDRESSES:
Present Address: Give indian address, as you are currently living there.
Permanent Address/Address where GC is to be mailed: Give your friend\'s address (preferably without the C/O section but make sure mail in your name is delivered to it). You can always change the address to receive the GC at the POE.

POE:
Make sure you enter US within 6 months after the interview. THIS IS A MUST.

YOUR PROJECT:
It is not the actual number of days you stay in the US, but the intention that counts.

Since you are on a 1 year project in India, you will be OK. Just carry a letter from your company.

I don\'t think you need to apply for a reentry permit, since it is only needed for stay outside the US for more than 2 years.

Good luck,
gimme_gc
 
gimme_gc/crazygc

I beg to differ on the need for rentry permit. Your GC is considered invalid if you stay out of the country for more than 1 year, not 2. Check out INS or madras consulate website for this. There is another thread too kind of discussing this.

1. I have heard that I need to be in the US when I apply for the re-entry permit. I am already in India for my company assignment. I donot mind going to the US for a short trip like a week to apply for re-entry permit. But, is a week or 2 weeks duration in the US sufficient for doing the formality and getting back whatever we need from the INS? Will they question that since you are in the US just for a short trip, you cannot apply for re-entry permit?
> Yes, it is better to apply for re-entry permit while u are in US, but I think it can be dome at the US consulate as well. I would suggest apply for it when u are in US. Your grounds is definitely valid enough. If your company has an attorney, as them to do it. You can give your company address, or your own personal one, and have it sent to you in India.
 
2. What are the chances of re-entry permit getting acccepted? What is the basis of acceptance? Is the reason that I have about being out of the country on a company assignment a valid enough reason for INS to approve the re-entry permit?
> yes, definitely valid enough reason. Make sure you send in a letter from the company as well stating that you will on assignment overseas and give specific dates. The re-entry permit also has a validity date, so you can stay outside for that given period (which can be more than a year, so be conservative).

3. Any other problems with re-entry permit?
Usually not, and my guess is you shouldn;t have a problem getting it since it is a pretty genuine case.

One thing you may want to keep in mind if you want to apply for citizenship though, is that this period may not count towards the 5 years.
 
No Title

You are right that you MIGHT be considered out of status if you stay out of the country for more than a year. But in this case, crazygc is going to be out of the country for about 10 months. Hence I think there is no need for a re-entry permit.

gimme_gc
 
Research on INS website

Look for Domiciled in US.

- I had read some where if you are posted overseas for long period of time by your US Employer than you are still considered to be Domiciled in the US (just like living in US). And this stay overseas is still counted as time spent in US for your 5 years towards Citizenship
If i find time i will look for it.... no promises ;)
 
no pay stub during CP at Chennai. Is it O.K.

Guru\'s,
My situation is similar to cracygc, my company is sending me to india
for a year until 2002 dec. I already have approved I-140 with AOS, can i do I-824 and change it to CP and do my CP this year sitting in India.Most important i will not have recent pay stub(U.S) since i am given only indian salary. Thanks in advance.
 
I dont think you even need reentry permit in your case

The citizenship/permanent residency requirement is....
You need to have Five years "complete" residency AND 30 months "physical presense".

Complete residency has been defined as 5 yearts as permanent residence without leaving USA for trips of six months OR longer...( so , absence of less then six month is fine and counted towards residencey).

Physical presence is defined as cumulative presence in USA exlcuding such short trips.

In ligh of the above, I would say your status should be fine as long as you are able to mainain the above two needs.....

You may want to have a look at this guide...which i assume should be available at INS offices in India too.

Hope this helps.
 
patta - please post that research if at all possible

I read some other boards here (like After the GC), and people are discussing similar issues. I think if you can find this, it will help a lot of people a lot
Thanks
 
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