Moving abroad Prior to filing for removal of conditions

[Rivi&Zack 0]

My wife's temporary Green Card expires in March of 2009. My understanding is that 3 months prior to that you apply to remove the conditions. The problem is that I am taking another job with my company and my wife and I will be re-locating to Dubai for 3 years. We are moving in about 2 months which means that we will be moving from the US prior to being able to do anything about lifting her conditions.

Has anyone had this situation? I have looked all over the web and besides applying for a re-entry visa (which is only valid I believe for 1 year) I am not sure what to do. I am planning on seeking the advise of an immigration attorney but I thought I would ask here first.

Any thoughts would be appreciated. Thanks!

Edited July 6, 2008 by Rivi&Zack

[jula 0]

My wife's temporary Green Card expires in March of 2009. My understanding is that 3 months prior to that you apply to remove the conditions. The problem is that I am taking another job with my company and my wife and I will be re-locating to Dubai for 3 years. We are moving in about 2 months which means that we will be moving from the US prior to being able to do anything about lifting her conditions.

Has anyone had this situation? I have looked all over the web and besides applying for a re-entry visa (which is only valid I believe for 1 year) I am not sure what to do. I am planning on seeking the advise of an immigration attorney but I thought I would ask here first.

It will take a little planning and timing, but it is doable:

1. keep the "residency" in the USA all the time: DL, bank accounts, file taxes...

2. gather the supporting documents and leave them with trusted person, write a check, fill the form

3. move overseas, send additional documents (new joint bank statement, visas for both..., pictures) to person under 2.

4. a package is sent to USCIS within the time frame (I am not aware if anybody ever sent a package from abroad)

5. USCIS will mail NOA - extending your wife's GC to USA address, have it mailed to Dubai

6. USCIS will send biometrics appointment, your wife will have to come to the USA

7. hopefully, conditions will be removed without the interview... otherwise you'll both have to come to teh USA for that

8. your wife should apply for re-entry permit; don't do it before removing conditions as it will be valid only until March 2009

Well, that's how I've done it.

You can have attorney taking care of the mail and package...

If your job is government or military related, there is a difference.

[AussieDude 0]

As Jula has said if its govt or military related, there are exceptions.

However, a resident (conditional or not, it doesn't matter) who leaves for more than 2 years is considered to have abandoned residency. Even with a trip back and forth every now and then, if they perceive it as residing elsewhere, USCIS can assume the residency is abandoned.

I don't want to sound all doom and gloom, so if I were you, I'd read up and perhaps consult a lawyer about what you would need to do to retain residency.

The fact that you're conditional has no bearing on this by the way. A conditional and non-conditional resident are equal in all respects except that a conditional resident must remove those conditions 3 months before the 2nd year anniversary of being granted initial residency. A non-conditional resident who leaves for more than 2 years is also assumed to have abandoned residency. One reason for getting citizenship is to avoid these issues.

Another option is (and I'd consult an attorney on this position) is to tell USCIS that you are moving overseas, that you want to voluntarily abandon residency for now, but will be reapplying for residency 3 years down the track. At that point, it wouldn't be conditional (since you'll have been married more than 2 years). However, I have no idea how USCIS looks at those re-applying for residency after abandoning a previous application.

Edited July 6, 2008 by AussieDude

[sweethomealabama 0]

Hi! I also have a few questions about this topic!

I agree with you aussiedude that they will consder you to have abandoned residency once you are living outside the US. My question is, does anyone know how it looked upon if you do decide to return to the US and re-apply for residency all over again? Assuming that our case is legit and that we have gone about everything correctly.

Thanks so much!

ps- aussiedude, we're living in perth right now, where abouts are you?

As Jula has said if its govt or military related, there are exceptions.

However, a resident (conditional or not, it doesn't matter) who leaves for more than 2 years is considered to have abandoned residency. Even with a trip back and forth every now and then, if they perceive it as residing elsewhere, USCIS can assume the residency is abandoned.

I don't want to sound all doom and gloom, so if I were you, I'd read up and perhaps consult a lawyer about what you would need to do to retain residency.

The fact that you're conditional has no bearing on this by the way. A conditional and non-conditional resident are equal in all respects except that a conditional resident must remove those conditions 3 months before the 2nd year anniversary of being granted initial residency. A non-conditional resident who leaves for more than 2 years is also assumed to have abandoned residency. One reason for getting citizenship is to avoid these issues.

Another option is (and I'd consult an attorney on this position) is to tell USCIS that you are moving overseas, that you want to voluntarily abandon residency for now, but will be reapplying for residency 3 years down the track. At that point, it wouldn't be conditional (since you'll have been married more than 2 years). However, I have no idea how USCIS looks at those re-applying for residency after abandoning a previous application.

[jula 0]

However, a resident (conditional or not, it doesn't matter) who leaves for more than 2 years is considered to have abandoned residency. Even with a trip back and forth every now and then, if they perceive it as residing elsewhere, USCIS can assume the residency is abandoned.

The fact that you're conditional has no bearing on this by the way. A conditional and non-conditional resident are equal in all respects except that a conditional resident must remove those conditions 3 months before the 2nd year anniversary of being granted initial residency. A non-conditional resident who leaves for more than 2 years is also assumed to have abandoned residency. One reason for getting citizenship is to avoid these issues.

Another option is (and I'd consult an attorney on this position) is to tell USCIS that you are moving overseas, that you want to voluntarily abandon residency for now, but will be reapplying for residency 3 years down the track. At that point, it wouldn't be conditional (since you'll have been married more than 2 years). However, I have no idea how USCIS looks at those re-applying for residency after abandoning a previous application.

Where do you get 2 years of living abroad means abandonment?

I agree it may be tricky since there are no set rules when it comes to preserving the residency in the USA (in addition to not being outside for more than a year at the time without re-entry permit). The whole picture counts: from what of your possesions you've left in the USA to the nature of your employment.

If you keep some possesions in the USA, and other ties, and, most importan, with a contract with fixed termination (that implies that the move overseas is temporary in nature) , I say, it is doable. It is though condition that your wife, travels to the USA once in a while until she removes conditions and gets re-entry permit.

If that does not work out, you can always petition for your wife again (using DCF ).

Being a resident in the USA doesn't mean one is tied for ever to the USA. It is OK (normal) to abandon it if one moves outside the USA for a longer period of time. (Or, I should say: "it should be normal" - many more people would've done it if they wouldn't dread the "petitioning again process" and the time it may take.)

Those who have formaly abandoned residency (surended GC at the Embassy) are not treated any different than other applicants when applaying for an immigrant visa...

Edited July 6, 2008 by jula

[AussieDude 0]

Sorry, I made a slight mistake. If travelling for more than a year, but less than two years, you may get a return permit: (from USCIS, maintaining residency)

You may be found to have abandoned your permanent resident status if you:

* Move to another country intending to live there permanently.

* Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

* Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

* Fail to file income tax returns while living outside of the US for any period.

* Declare yourself a “nonimmigrant” on your tax returns.

You can request a returning resident visa from the consulate abroad if you live outside for more than 2 years:

http://travel.state.gov/visa/immigrants/info/info_1333.html

(SB1, returning resident visa)

I completely forgot there was a returning resident visa, I was thinking of the 2 year limit on the re-entry permit. There is, however, an onus on the resident that they always intended to return to be eligible for the returning resident visa. On this, I'd consult an immigration attorney to make sure that you do all that is required to prove you'll be coming back. I believe Jula had some good pointers on things like tax returns etc.

[jula 0]

I wouldn't count on SB-1 (returning resident visa). It is difficult to get it, and person would have to prove that a reason why he/she couldn't return earlier to the USA was beyond that person's control (things like prolonged serious illness).