Green Card/Abandoning Status Issues

[Sweetgirl 0]

Sweetgirl,

Not correct. Not any of it.

Yodrak

HI! the Conditional Resident and the Permanent Resident must spend most of the time in the United states.,otherwise the CPR or PR priviliege will be taken away. The CPR and PR may spend no more then 6 month outside of the U.S each time they travel,otherwise if you and your wife are planning to stay overseas longer,you must obtain a Reentry permit......

HI Yodrak.

I'm absolutely correct ,as i have answered this kind of questions to the immigration attorneys online before ,and i was reading the USCIS website .My answer is absolutely correct.

[Sweetgirl 0]

Hi there,

I haven't posted on this forum in quite some time. However, this thread has me interested. I don't want to hijack that one, so I decided to start a new one.

My wife has now had her conditional green card since last August. I've recently learned that I have a potential job opportunity in W. Europe. If we decide to move to Europe permanently or semi-permanently, am I right to assume this will mean she'll "abandon" her permanent resident status in the US? If we decide to move back later than 1 year, I also assume we'll have to start again from square one? I can't really see how we'd maintain a residence here in the states if we move all of our assets overseas. Does it make a difference one way or the other that her Green Card is conditional? Am I also correct in thinking you can't lift conditions on a green card while living outside the US?

Thanks for any help

Mike

HI! the Conditional Resident and the Permanent Resident must spend most of the time in the United states.,otherwise the CPR or PR priviliege will be taken away. The CPR and PR may spend no more then 6 month outside of the U.S each time they travel,otherwise if you and your wife are planning to stay overseas longer,you must obtain a Reentry permit.You can apply for the Removing Conditions from overseas ,but i don;t know what exactly the rules are about that concern, but you should defenetely contact the Immigration Attorney to this matter.

Take Care!

Sincerely.

Hi there,

I haven't posted on this forum in quite some time. However, this thread has me interested. I don't want to hijack that one, so I decided to start a new one.

My wife has now had her conditional green card since last August. I've recently learned that I have a potential job opportunity in W. Europe. If we decide to move to Europe permanently or semi-permanently, am I right to assume this will mean she'll "abandon" her permanent resident status in the US? If we decide to move back later than 1 year, I also assume we'll have to start again from square one? I can't really see how we'd maintain a residence here in the states if we move all of our assets overseas. Does it make a difference one way or the other that her Green Card is conditional? Am I also correct in thinking you can't lift conditions on a green card while living outside the US?

Thanks for any help

Mike

HI! the Conditional Resident and the Permanent Resident must spend most of the time in the United states.,otherwise the CPR or PR priviliege will be taken away. The CPR and PR may spend no more then 6 month outside of the U.S each time they travel,otherwise if you and your wife are planning to stay overseas longer,you must obtain a Reentry permit.You can apply for the Removing Conditions from overseas ,but i don;t know what exactly the rules are about that concern, but you should defenetely contact the Immigration Attorney to this matter.

Take Care!

Sincerely.

go to the www.ilw .com website and the immigration attorneys can answer on your question there as well.

HI Mike,

I have just asked the question to the immigration attorney on one website .They are going to reply within 1 or 2 days.So ,i will post the exact reply here when they will answer back.

its www.baraban.com

Sincerely.

[Boiler 45,732]

Sweetgirl,

Not correct. Not any of it.

Yodrak

HI! the Conditional Resident and the Permanent Resident must spend most of the time in the United states.,otherwise the CPR or PR priviliege will be taken away. The CPR and PR may spend no more then 6 month outside of the U.S each time they travel,otherwise if you and your wife are planning to stay overseas longer,you must obtain a Reentry permit......

HI Yodrak.

I'm absolutely correct ,as i have answered this kind of questions to the immigration attorneys online before ,and i was reading the USCIS website .My answer is absolutely correct.

I go with Yodrak.

Maintaining your Permanent Residence is a complicated issue, something that I believe a few Immigration Lawyers specialise in, but not it would appear the one who made those comments to you.

It is fairly easy to state the circumstances which would not cause an issue, and also the ones like the OP which would. You can theoretically lose your PR status in a day, all depends on individual situations.

[Boiler 45,732]

Some additional comments from USCIS:

Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

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

[meauxna 15]

Some additional comments from USCIS:

And further, on re-entry permits:

http://www.uscis.gov/graphics/services/Eme...dex.htm#Reentry

Re-Entry Permit

Lawful Permanent Residents (green card holders) use re-entry permits to re-enter the U.S. after travel of one year or more. For LPR’s returning to the U.S., re-entry permits are generally valid for two years from the date of issuance of the re-entry permit. The LPR should apply for this benefit before leaving the U.S.

Conditional residents use re-entry permits to re-enter the U.S. after travel of one year or more. For conditional residents returning to the U.S., re-entry permits are generally valid for two years from the date of issuance of the re-entry permit or until the date the conditional resident must apply for the removal of conditions, whichever comes first. The conditional resident should apply for this benefit before leaving the U.S.

The Bureau does not extend re-entry permits. See Section 223 of the Immigration and Nationality Act.

Please note that a re-entry permit does not guarantee admission into the U.S. Aliens with re-entry permits are still subject to the inspection process at the port of entry. It is also important to note that travel outside of the U.S for more than one year will under most circumstances break the continuous residence requirement for later naturalization purposes. Travel for over 6 months may break the continuous residence requirement. See Section 316 (B) of the Immigration and Nationality Act

People often confuse the naturalization requirements with maintaining LPR status.

[Sweetgirl 0]

Hi there,

I haven't posted on this forum in quite some time. However, this thread has me interested. I don't want to hijack that one, so I decided to start a new one.

My wife has now had her conditional green card since last August. I've recently learned that I have a potential job opportunity in W. Europe. If we decide to move to Europe permanently or semi-permanently, am I right to assume this will mean she'll "abandon" her permanent resident status in the US? If we decide to move back later than 1 year, I also assume we'll have to start again from square one? I can't really see how we'd maintain a residence here in the states if we move all of our assets overseas. Does it make a difference one way or the other that her Green Card is conditional? Am I also correct in thinking you can't lift conditions on a green card while living outside the US?

Thanks for any help

Mike

HI! the Conditional Resident and the Permanent Resident must spend most of the time in the United states.,otherwise the CPR or PR priviliege will be taken away. The CPR and PR may spend no more then 6 month outside of the U.S each time they travel,otherwise if you and your wife are planning to stay overseas longer,you must obtain a Reentry permit.You can apply for the Removing Conditions from overseas ,but i don;t know what exactly the rules are about that concern, but you should defenetely contact the Immigration Attorney to this matter.

Take Care!

Sincerely.

Hi there,

I haven't posted on this forum in quite some time. However, this thread has me interested. I don't want to hijack that one, so I decided to start a new one.

My wife has now had her conditional green card since last August. I've recently learned that I have a potential job opportunity in W. Europe. If we decide to move to Europe permanently or semi-permanently, am I right to assume this will mean she'll "abandon" her permanent resident status in the US? If we decide to move back later than 1 year, I also assume we'll have to start again from square one? I can't really see how we'd maintain a residence here in the states if we move all of our assets overseas. Does it make a difference one way or the other that her Green Card is conditional? Am I also correct in thinking you can't lift conditions on a green card while living outside the US?

Thanks for any help

Mike

HI! the Conditional Resident and the Permanent Resident must spend most of the time in the United states.,otherwise the CPR or PR priviliege will be taken away. The CPR and PR may spend no more then 6 month outside of the U.S each time they travel,otherwise if you and your wife are planning to stay overseas longer,you must obtain a Reentry permit.You can apply for the Removing Conditions from overseas ,but i don;t know what exactly the rules are about that concern, but you should defenetely contact the Immigration Attorney to this matter.

Take Care!

Sincerely.

go to the www.ilw .com website and the immigration attorneys can answer on your question there as well.

HI Mike,

I have just asked the question to the immigration attorney on one website .They are going to reply within 1 or 2 days.So ,i will post the exact reply here when they will answer back.

Sincerely.

HI Mike ,

The immigration attorney have just replied to me.She said that you have to be present in the U.S to apply for the Removal Conditions Status.Also your wife cannot be outside of the U.S for a significantly long period of time without first obtaining a reentry permit since doing so would be abandonment of her status.

Sincerely.

[Sweetgirl 0]

Hi there,

I haven't posted on this forum in quite some time. However, this thread has me interested. I don't want to hijack that one, so I decided to start a new one.

My wife has now had her conditional green card since last August. I've recently learned that I have a potential job opportunity in W. Europe. If we decide to move to Europe permanently or semi-permanently, am I right to assume this will mean she'll "abandon" her permanent resident status in the US? If we decide to move back later than 1 year, I also assume we'll have to start again from square one? I can't really see how we'd maintain a residence here in the states if we move all of our assets overseas. Does it make a difference one way or the other that her Green Card is conditional? Am I also correct in thinking you can't lift conditions on a green card while living outside the US?

Thanks for any help

Mike

HI! Also there is another response from the lawyer. So he said if your wife is gonna reply for a reentry permit it should be done from the inside of the United States.If and when the reentry permit is granted she can remain outside of the U.S for up to 2 years.However,she must provide the evidence that the U.S is her permanent home,so she should pay U.S income taxes( if she works),have an active American bank account,keep an apartment in the U.S (maybe she can rent it while she is gone).In this way she can remain an outside of the U.S for up to 2 years,but she should ecspect questioning at the airport when she returns.

If she doesen't apply for a reentry permit the lawyer would advise that she returns within 6 month period,also 12 month is the legal maximum.Once again,questioning at the airport can be quiet intense.

I hope this information will help.

Sincerely.

[Yodrak 7]

Sweetgirl,

One (1) year, to be precise.

HI Mike ,

.... Also your wife cannot be outside of the U.S for a significantly long period of time without first obtaining a reentry permit since doing so would be abandonment of her status.

Sincerely.

This is significantly different from your original post with which I disagreed. As you should now understand, time alone is not the only factor determining abandonment of status.

HI! Also there is another response from the lawyer. So he said if your wife is gonna reply for a reentry permit it should be done from the inside of the United States.If and when the reentry permit is granted she can remain outside of the U.S for up to 2 years.However,she must provide the evidence that the U.S is her permanent home,so she should pay U.S income taxes( if she works),have an active American bank account,keep an apartment in the U.S (maybe she can rent it while she is gone).In this way she can remain an outside of the U.S for up to 2 years,but she should ecspect questioning at the airport when she returns.

If she doesen't apply for a reentry permit the lawyer would advise that she returns within 6 month period,also 12 month is the legal maximum.Once again,questioning at the airport can be quiet intense.

I hope this information will help.

Sincerely.

Yodrak

[miketrombone 0]

Thanks everyone for your additional comments! That's interesting, but not surprising, that they won't give you a re-entry permit that extends longer than the expiration on your 2-year GC. Makes sense. I'm not sure it would be worth it for us to apply for one, since we will most likely be moving just after my wife has only one year to go on her conditional GC.

Sweetgirl.....that was interesting what the lawyer said about not being able to apply to remove conditions outside the US. I remember someone on VJ saying they had done just that?

All of these potential problems and concerns I have will only matter if we want to move back to the US within a short period of time after we get there (less than 1yr)...which is unlikely since we won't have anything to move back to financially.

My only more permanent concern is what will happen with my wife when we are visiting family in the US and she has abandoned status and visits on a visa-waiver. Interrogation? I don't want her to have to deal with that.

Mike

[meauxna 15]

Sweetgirl.....that was interesting what the lawyer said about not being able to apply to remove conditions outside the US. I remember someone on VJ saying they had done just that?

That's why people are questioning Sweetgirl's answers. I'm sure she means well, but that information is wrong. The instructions for filing I-751 from abroad are posted on the instruction page at uscis.gov.

My only more permanent concern is what will happen with my wife when we are visiting family in the US and she has abandoned status and visits on a visa-waiver. Interrogation? I don't want her to have to deal with that.

Both of you carry evidence that you *both* live outside the US. You as a USC spouse increase her presumption of immigrant intent; if you are not living in the US, that presumption goes back down, capice?

You also don't have to "abandon" her status. She can formally withdraw it if you feel more comfortable that way. If it were me, I'd speak with a lawyer about any hidden ramifications to that move.

[Sweetgirl 0]

Sweetgirl.....that was interesting what the lawyer said about not being able to apply to remove conditions outside the US. I remember someone on VJ saying they had done just that?

That's why people are questioning Sweetgirl's answers. I'm sure she means well, but that information is wrong. The instructions for filing I-751 from abroad are posted on the instruction page at uscis.gov.

My only more permanent concern is what will happen with my wife when we are visiting family in the US and she has abandoned status and visits on a visa-waiver. Interrogation? I don't want her to have to deal with that.

Both of you carry evidence that you *both* live outside the US. You as a USC spouse increase her presumption of immigrant intent; if you are not living in the US, that presumption goes back down, capice?

You also don't have to "abandon" her status. She can formally withdraw it if you feel more comfortable that way. If it were me, I'd speak with a lawyer about any hidden ramifications to that move.

HI guys!

I'm sorry that you think i am wrong., but its not my response ,its the immigratin attorneys response from one of the websites.They might be wrong., but they are certified attorneys.,so i've copied their answers from there. I was trying to help. Also you can go to that website and check this out its WWW.BARABAN.COM and read the different topics.You can also register there if you would like.

They are being very helpful and answering good on the questions. Though, no one of them heard about the yellow letters,so i dont know what to think

Sincerely.

Sweetgirl.....that was interesting what the lawyer said about not being able to apply to remove conditions outside the US. I remember someone on VJ saying they had done just that?

That's why people are questioning Sweetgirl's answers. I'm sure she means well, but that information is wrong. The instructions for filing I-751 from abroad are posted on the instruction page at uscis.gov.

My only more permanent concern is what will happen with my wife when we are visiting family in the US and she has abandoned status and visits on a visa-waiver. Interrogation? I don't want her to have to deal with that.

Both of you carry evidence that you *both* live outside the US. You as a USC spouse increase her presumption of immigrant intent; if you are not living in the US, that presumption goes back down, capice?

You also don't have to "abandon" her status. She can formally withdraw it if you feel more comfortable that way. If it were me, I'd speak with a lawyer about any hidden ramifications to that move.

HI guys!

I'm sorry that you think i am wrong., but its not my response ,its the immigratin attorneys response from one of the websites. and i dont think that they don't know what they are talking about., though they might be wrong., but they are certified attorneys.,so i've copied their answers from there. I was trying to help. Also you can go to that website and check this out its WWW.BARABAN.COM and read the different topics.You can also register there if you would like.

They are being very helpful and answering good on the questions. Though, no one of them heard about the yellow letters,so i dont know what to think

Sincerely.

[sparkofcreation 0]

I wanted to add, about the tax issue: call the IRS! I can't believe I didn't think of that.

The IRS has (or at least, had, as of the last time I called them) the absolute best customer service line in the world. (Not at all like calling USCIS! The IRS should give lessons in "how to run a call center.") You call a toll-free number, and the person who answers will listen politely to your question, tell you which department needs to answer it, and connect you immediately. The person will helpfully tell you exactly what you need to know in a straightforward way, and be very friendly about it (and the answer will be correct). If you have multiple questions on multiple topics, that person can transfer you to the next department without your needing to hang up and call back.

Definitely call them, don't just take our word for it!

[miketrombone 0]

Thanks! Great idea!

[miketrombone 0]

I actually found some new information on this topic that might be of help to people that are in our same situation. From the US Embassy in London's website:

Abandonment of Lawful Permanent Resident Status (I-407)

If you wish to abandon your permanent residence and relinquish your Permanent Resident Card "Green Card", please download and print the attached form, completing those items that are highlighted in yellow.

Forms

You will need to complete the yellow-highlighted sections in form I-407, "Abandonment of Lawful Permanent Residence".

Supporting Documentation

Please return the following three items to the address below:

* Completed I-407

* Your Permanent Resident Card

* A stamped, self-addressed envelope

Mailing Address

USCIS I-407

American Embassy

P.O. Box 2444

London W1A 5WT

Once the U.S. Citizenship and Immigration Services office receives your completed Form I-407 and your Permanent Resident Card, the appropriate documentation stamps will be placed on the form along with the USCIS officer's signature. A copy of this form will be returned to you in the stamped, self-address envelope you provide. This copy of the completed I-407 is your receipt and it validates the return of your Permanent Resident Card. You should keep a copy of the completed I-407 in your passport whenever you travel to the United States.

Once the I-407 is completed, you will revert to your previous status as a non-immigrant and may apply for admission into the United States in the manner of any other person of common nationality. This includes the use of the Visa Waiver Program, provided you meet the normal criteria for that program.

Abandoning your Permanent Resident Card and status does not affect your ability to apply to immigrate to the United States at some future time. However, you will have to begin the process anew and apply through the usual application process.

I finally found some concrete evidence that, at least in a perfect world, my wife should be treated as a normal visa waiver visitor should we abandon her status officially through the I-407! I think this is definately a better road to take than just letting your status lapse, if you know you are moving to a foreign country for more than a year.

Does anyone have any experience with this?

Mike

[meauxna 15]

Does anyone have any experience with this?

Mike

Mike, I don't know enough about the I-407 other than there are some consequences to using it. If I were going to ask for myself, I would visit this group, where there are a couple of responders I would trust for good info:

http://britishexpats.com/forum/forumdispla...ysprune=-1&f=34