Moving abroad while removing conditions

[KellyRay 0]

Hello-

My husband will be filing to remove conditions in January of 2009. We are thinking of moving to France for a year or two. We are planning on moving in the summer or fall of 2009. If my husband doesn't have his 10 year greencard by them is it possible to be out of the country while his case is being processed here? He has his two year greencard right now. If this current greencard expires while the removal of conditions is being processed and he is in France, will that be a problem?

Thank you

Kelly

[OLA&JP 0]

Hello-

My husband will be filing to remove conditions in January of 2009. We are thinking of moving to France for a year or two. We are planning on moving in the summer or fall of 2009. If my husband doesn't have his 10 year greencard by them is it possible to be out of the country while his case is being processed here? He has his two year greencard right now. If this current greencard expires while the removal of conditions is being processed and he is in France, will that be a problem?

Thank you

Kelly

Hi,

As far as I know with having Green Card you have to live most of the year in US (so it would be over 175 days/year or so?) but am not 100% sure how it works. My husband and I are also thinking to move o my home country sometime in the future, but probably after I will get my citizenship...

Good luck!

[KellyRay 0]

Does anyone know for sure? Should I ask this somewhere else?

[Staashi 371]

You can not live outside of the country as an LPR. If his intent is to give up his LPR status then that is fine, but to be an LPR you have to reside here permanently. There is nothing that says that you cannot take longer trips out of the US, but you do have to still maintain a home here. I would plan on hanging out in the US until he can become a US citizen.

Lots for you all to ponder. Good Luck!

[KellyRay 0]

Well we would probably come home after 6 months for a visit, especially if that is necessary. If his removal of conditions is in process do you know how long at a time you can ge out of the country? Thanks for your reply by the way.

[jamieswith 0]

6 Months is usually the advice, unless you get a re-entry permit.

Technically it can be upto 12 months without a re-entry permit, but over 6 months and the burden of proof starts to shift onto the green card holder to proove that he/she did not abandon their residency.

That's why it's advised to apply for a re-entry permit for any stay exceeding 6 months.

But you really do open up a whole can of worms doing this - he can easily end up being classified as having abandonned his residency.

Also, being out of the country more than 6 months in any one year will restart the citizenship 'continuous residency' requirement meaning if you did come back, you would have to stay in the US again for another 3 years before he could apply for citizenship.

If you can wait it out just a year more, he can file for citizenship (even if they have not yet finished his I751 at that point) and then this whole problem starts to melt away.

Regards,

Jamie

Well we would probably come home after 6 months for a visit, especially if that is necessary. If his removal of conditions is in process do you know how long at a time you can ge out of the country? Thanks for your reply by the way.

[KellyRay 0]

Wow, what a mess. I'm going to have to rethink this after all. Thank you very much for your input, it's greatly appreciated.

[Staashi 371]

Wow, what a mess. I'm going to have to rethink this after all. Thank you very much for your input, it's greatly appreciated.

Yes, it isn't as easy as everyone thinks it is. You don't want to abuse the system, not like you would, but when you move away for a period of time, they can deny your husband entry at the POE. What you really do not want is for them to look at your length of time outside of the country because they might consider that he is abandoning his LPR status.

It is important to remember that not only is LPR a legal status in the US, but it is also a priviledge bestowed upon an immigrant for them to legally live and work in the US. It is only once someone becomes a citizen that they have the rights to live anywhere that they so choose.

[KellyRay 0]

Ok so we are trying to modify our plans and are thinking of moving abroad for 4 or 5 months. Would that cause less of a problem with immigration? We were originally planning on one year but decided that 4 or 5 months will be fine. If anyone has any input I would appreciate it. Thanks.

[jamieswith 0]

Ok so we are trying to modify our plans and are thinking of moving abroad for 4 or 5 months. Would that cause less of a problem with immigration? We were originally planning on one year but decided that 4 or 5 months will be fine. If anyone has any input I would appreciate it. Thanks.

Legally that would be fine - as long as you don't hit 6 months.

I would also be very careful to maintain ties to the US, and be very careful about how you respond to the immigration officer upon your return.

When he asks why your husband has been away, he should avoid saying he has been 'living abroad' - instead the words "extended visit" would be more favorable - if he has family in france then explaining this would be beneficial also - the thing is that you do not want to give a moody POE officer any reason to believe that your husband abandonned his US residency.

[KellyRay 0]

Thanks for your response- those are all very good, and helpful tips!

I really appreciate it.

[Completely 3]

Thanks for your response- those are all very good, and helpful tips!

I really appreciate it.

Are you going to work overseas in American Company? If yes, you can expedite the process of Naturalization under 319 b.

With this, you can avoid removing condition if the petition will be approved.

I am living overseas, and I come back in the US every 10 months, till I found out information on 319b(INA)..

[SpiritAlight 1]

...

Are you going to work overseas in American Company? If yes, you can expedite the process of Naturalization under 319 b.

With this, you can avoid removing condition if the petition will be approved.

I am living overseas, and I come back in the US every 10 months, till I found out information on 319b(INA)..

Wow1

There is an eye opener.

Thanks for putting this out there Completely.

Of course I am but a young grasshopper with much to learn on all this immigration shtuff...

This would be a great opportunity for my sweetie and I.

If I understand correctly:

if he took a transfer to work in England or Australia or Japan, we could both go there and I could become a USC whilst away?

Long distance application or do it before we left?

Expedited takes how long?

I just got my residency approved, and there is this possibility of him taking a transfer over-seas...

Thanks for any and all info.