what if we haven't moved to the US yet?

[neuroset 0]

My husband (the immgirant) and I (the US citizen) filed for his green card from France (at the US embassy in Paris) two years ago, thinking we were going to move to the US within the year and that the process may take much longer. He got his green card VERY quickly and since then we have had some changes in our plans, plus the recession in the US so less jobs for him and me, plus the birth of our first child so we haven't moved ot the US yet.

Now it's time to remove the conditions on residency, but we are still legally still living and working in France!

He does have a SSN in the US, a bank account, and only a couple of documents that show a US address -- otherwise all our joint documents are from France.

We are going ahead and filing the I-175 anyway and have gone through the expensive hassle of translating the documents, but I am seriously worried that they will deny his residency because we have not made our final move yet.

What are his chances? What can we do to improve them? (his card expires on Dec 24!)

[Jenn! 918]

An absence of 6 months or more is considered an abandonment of LPR status. I believe that not only will he not be able to remove the conditions on his current residency, but that he will need to reapply for an immigrant visa when you do move to the U.S.

[fozzie 41]

An absence of 6 months or more is considered an abandonment of LPR status. I believe that not only will he not be able to remove the conditions on his current residency, but that he will need to reapply for an immigrant visa when you do move to the U.S.

I have to agree. It does look like you will have to do the whole greencard process all over again. Try anyway with the removal of conditions but be prepared for the worst.

[Brother Hesekiel 2,236]

If I were you, in your situation, where you intend to stay in France for a while anyway, I'd not waste $545.00 on filing the I-751 as it has ZERO chance of being approved. A legal resident who didn't reside in the Us at all is a dead fish in the water. Guaranteed!

Instead, I'd start over, and this time, after being married for 2 years or longer, your husband will get his unrestricted (10-year) green card instead. Understand, however, that even that will require him to take residence in the US. If he by then, equipped with a freshly printed GC still stays in France, you start--again--from scratch.

[Kathryn41 3,205]

You might also investigate pursuing Direct Consular Filing - DCF - to get the new green card since you are both out of the country. Be prepared to move to the US when he gets the green card though.

[Coco&Kitten 42]

You might also investigate pursuing Direct Consular Filing - DCF - to get the new green card since you are both out of the country. Be prepared to move to the US when he gets the green card though.

From what I read it seems they got the DCF done in Paris already.

Here is a question: how do they know (USCIS) how long you are out of the country. I travel 50% of my time and everytime I enter the US they ask me how long have I been gone? First I thought that information was on the computers, but now I doubt it...

Anyway, I would still encourage them to file I-751 and see what happens.

[Penguin_ie 5,995]

I think your chances are slim. You'd be better off to file for an IR-1 visa (which leads to 10 year greencard) via DCF (=directly with the embassy) once you are ready to move to the USA.