If I move back after AOS approval?

[sasaqlain 24]

I want to ask, is there a condition that one has to stay in the USA during the time period from getting approved and removing conditions towards a permanent GC. I am planning on going back to my home country with my USC wife and child for a couple of years. Can anybody throw any light on this issue. Do I have to remain in the US for certain period of time to be eligible for a Permanent Residency Status and citizenship at a later on stage.

[TayRivers 4]

It does not matter if you have a 10 year greencard or a 2 year greencard, if you leave the US and do not plan to return within 6 months and do not maintain a residence in the US then you will lose your LPR status.

The only way you can leave and remain outside the US and not have to worry about getting back in, is if you are a US citizen, Until then any CBP officer can decided that you have abandoned your LPR staus and deny you entry to the US. You can apply for a re-entry permit if you plan to be outside the US for more than 12 months but you still have to maintain a home and file taxes and have other links to the US to keep your LPR status. The whole idea of the Greencard is to allow you to live and work in the USA.

[Bobby+Umit 161]

You have to maintain residency in the US for 3 years to become a citizen. You have to maintain your LPR status between the 2yr - 10 yr card.

The whole idea of the green card is that you stay in the US, and that is your residence.

A person might also be found to have abandoned their status if he or she moves to another country to live there permanently, stays outside the USA for more than 365 days (without getting a re-entry permit before leaving)[

[sasaqlain 24]

That is what I feared. There should be a way to extend my stay in my home country. I could make an entry in a year and then go back. I have seen people do it in my family and friends. But I know you are right. Thank You Tayrivers.

[sasaqlain 24]

Thank You Bobby Umit. Your reply was really helpful.

[christera22 8]

Yes they are right Saspak Bhai. Thats the way it is ...and even if you keep on returning every 3-4 months, it may still jeopardize you as they wd question why are you going so much outside usa. We know why but they wont understand. I plan to go once or twice a year for 1.5 months each time and rellocate after 15-20 years to India. Now God knows what wd happen in the future.

[Bobby+Umit 161]

Well, you can stay in the US for 3 years. Become a citizen - then your free to live where you want, as long as you want.

[sasaqlain 24]

Sigh!!..... Apni mitti to apni hai..... Christera22, they surely wont understand that. Even i dont plan on staying here indefintely. For now, I was thinking that it would benifit me to be within more family members back home and that would help me alot since the baby's on its way and she would be well cared for there. But I guess, thats a bitter pill that has to be taken.

Bobby umit: I guess, if approved, i dont have any other choice but to take the route that you just stated. Three years is a looooooooooooooong sentence:)

[Anh map 2,098]

Another option is to not go through the time and expense of completing the AOS now and later when you and your spouse want to move to the US you can do it through the Direct Consular Filing process at the consulate in your home country. Of course you don't want to be here out of status for too long or that may impact your ability to return later.

Best of luck to you.

[sasaqlain 24]

Another option is to not go through the time and expense of completing the AOS now and later when you and your spouse want to move to the US you can do it through the Direct Consular Filing process at the consulate in your home country. Of course you don't want to be here out of status for too long or that may impact your ability to return later.

Best of luck to you.

Sigh! Its too late to turn back at this stage. Now I wish I hadn't applied. Would have been less risky and more convenient for me to apply from my country rather than decide to Adjust Status here from B-1/B2.

[bantam 0]

Perhaps the reentry permit may be of some use to you?

http://www.***removed***/greencard/reentry-permit.html

[christera22 8]

Another option is to not go through the time and expense of completing the AOS now and later when you and your spouse want to move to the US you can do it through the Direct Consular Filing process at the consulate in your home country. Of course you don't want to be here out of status for too long or that may impact your ability to return later.

Best of luck to you.

Sigh! Its too late to turn back at this stage. Now I wish I hadn't applied. Would have been less risky and more convenient for me to apply from my country rather than decide to Adjust Status here from B-1/B2.

Saspak Bhai , I too feel the same way now but then we cant abandon thbe AOS at this stage. Agar humlog sachche hai to bhagwan hamare sath mein hain. Just believe in that.

[sasaqlain 24]

Bantam: Thank You so much for sharing this information. It was indeed very informative and exactly what I wanted to know. Am 80% done with the AOS here and dont want to abandon it at this stage. Will surely go for the Re-entry permit.

Christera22: You are right Brother. Dil to sachay hain, par yeh log chain say jeenay nahi daitay, Aur rasta itna asaan bhi nahi.))))) Btw, I just received my SSN Card in the mail. Any news on your front?

[christera22 8]

Saspak bhai apne thik hi bola , eh log chain se jine hi nehi dete, aur abhi dil lage ke kuch din iha pe rehna i hoga, jitna din GC na mil jaye. Agar july mein India ja sakta to bohut achcha hota..... Abhi tak pata nehi hain jane sakunga eia nehin.

Nope nothing on my end...I called them again and they gave me the same reply, that my fingerprints has been recieved and I-485 & workpermit is being processed. As i see you got your EAiD after 1 month 3 days after biometrics. So i had my biometrics on 2nd april , so it shd come around 5th May, if not earlier. Praying everyday .....

Hows job things .............. thats another anxiety i have... Thanks for asking Saspak Bhai .... Keep in touch.

[Anh map 2,098]

In your original post you asked about any impact on removing conditions and naturalization. Don't forget to mark your calendar for the date 90 days prior to GC expiration so that you can file the I-751. The I-751 form for removing conditions requires a list of all the places you have lived and the corresponding dates. The way I read it your time outside the US may not count toward the time required to become a citizen. Not sure how it effects the lifting of the conditional status.

Also, you may need to be filing US tax returns during the years you reside abroad.

You will no doubt become one of the VJ "go to" persons as you go through all of the steps ahead.