Moving overseas while on conditional green card

[kiwibecka 0]

Hi,

My husband (USA citizen) has just accepted a job overseas and by the time we leave I will be one year into my two year conditional green card. The job is for 3 years and then we want to come back here but I don't know how to keep my card when this is the case:

"A re-entry permit is generally valid for LPRs for a period of 2 years, EXCEPT if the LPR is a conditional LPR, then the re-entry permit is only valid up until the time a conditional PR has to remove conditions."

What happens then? Is that it for me being able to be overseas? I read somewhere that the re-entry permit cannot be renewed, is this correct? Is there something else I can get instead? What is a returning resident visa?

Am I better to to make a couple of trips back to the US until I can get the conditions removed, and then apply for the re-entry permit (by that point we'd be in the two year frame)?

I should also mention that my husband is not in the military or gov work.

I've tried to do as much research on this as possible but find my case might be a little unusual. Any help would be greatly appreciated.

[kiwibecka 0]

bump

Hi,

My husband (USA citizen) has just accepted a job overseas and by the time we leave I will be one year into my two year conditional green card. The job is for 3 years and then we want to come back here but I don't know how to keep my card when this is the case:

"A re-entry permit is generally valid for LPRs for a period of 2 years, EXCEPT if the LPR is a conditional LPR, then the re-entry permit is only valid up until the time a conditional PR has to remove conditions."

What happens then? Is that it for me being able to be overseas? I read somewhere that the re-entry permit cannot be renewed, is this correct? Is there something else I can get instead? What is a returning resident visa?

Am I better to to make a couple of trips back to the US until I can get the conditions removed, and then apply for the re-entry permit (by that point we'd be in the two year frame)?

I should also mention that my husband is not in the military or gov work.

I've tried to do as much research on this as possible but find my case might be a little unusual. Any help would be greatly appreciated.

[mozplay 29]

Residence, conditional or permanent, is granted for the immigrant to live and work continuously/permanently in the U.S. In order to keep the card valid, you have to maintain permanent residence here. In the rights and obligations information pertaining to the GC, it states that you can lose resident status if you move away from the U.S. to permanently reside in another country. Now, the question that you would need to ask and one that I have not found an answer to is, what do they consider a permanent move?

If your husband has a contract position outside of the U.S. for 3 years, clearly showing a start and end date and you two maintain bank accounts, possibly a residence, insurance etc in the US and file taxes here, then would that be sufficient since clearly the intent is not to move away permanently, but simply for an extended period.

You said that the move would happen 1 year into your conditional status. It may be in your best interest to remain here at least until you can file. But that still doesn't answer my question about whether or not you can then live outside of the U.S. for two more years as a permanent resident.

I'm sorry I don't have a better answer for you but I will tell you that it is because of this scenario that I will be filing for citizenship as soon as is legally possible.

Edited September 16, 2009 by mozplay

[LA123 0]

Hi,

My husband (USA citizen) has just accepted a job overseas and by the time we leave I will be one year into my two year conditional green card. The job is for 3 years and then we want to come back here but I don't know how to keep my card when this is the case:

"A re-entry permit is generally valid for LPRs for a period of 2 years, EXCEPT if the LPR is a conditional LPR, then the re-entry permit is only valid up until the time a conditional PR has to remove conditions."

What happens then? Is that it for me being able to be overseas? I read somewhere that the re-entry permit cannot be renewed, is this correct? Is there something else I can get instead? What is a returning resident visa?

Am I better to to make a couple of trips back to the US until I can get the conditions removed, and then apply for the re-entry permit (by that point we'd be in the two year frame)?

I should also mention that my husband is not in the military or gov work.

I've tried to do as much research on this as possible but find my case might be a little unusual. Any help would be greatly appreciated.

I was in your position a year ago when we moved overseas. Like you, my husband is not in the govt or military. He works for a US company in one of their overseas' offices.

Since you have conditional residence, your travel document/re-entry permit will only be valid until the end of your conditional residence. So, if you waited to apply for it, would still expire on the date your conditional status expires - it won't be valid past that date.

I will be speaking with a lawyer from my husband's company next week about my options to remove Cr while overseas and I'll update you then. From everything I've gathered so far, it seems I'll just have to go back to do biometrics.

Let us know if you learn anything else.

[kiwibecka 0]

Thanks Mozplay and LA, I appreciate your response.

LA, can you tell me a little more about your situation? What did you do when you moved, did you get the re-entry permit or did you make trips back to keep the GC active (I refer to the 180 day limit of being outside the US)? How much longer will you be overseas for? If you got the re-entry permit, what will you do once you have the conditions removed to keep the card active, as the same rules still apply?

I'm eager to hear what your lawyer has to say. I'm looking in to getting one myslef, will keep you posted.

Hi,

My husband (USA citizen) has just accepted a job overseas and by the time we leave I will be one year into my two year conditional green card. The job is for 3 years and then we want to come back here but I don't know how to keep my card when this is the case:

"A re-entry permit is generally valid for LPRs for a period of 2 years, EXCEPT if the LPR is a conditional LPR, then the re-entry permit is only valid up until the time a conditional PR has to remove conditions."

What happens then? Is that it for me being able to be overseas? I read somewhere that the re-entry permit cannot be renewed, is this correct? Is there something else I can get instead? What is a returning resident visa?

Am I better to to make a couple of trips back to the US until I can get the conditions removed, and then apply for the re-entry permit (by that point we'd be in the two year frame)?

I should also mention that my husband is not in the military or gov work.

I've tried to do as much research on this as possible but find my case might be a little unusual. Any help would be greatly appreciated.

I was in your position a year ago when we moved overseas. Like you, my husband is not in the govt or military. He works for a US company in one of their overseas' offices.

Since you have conditional residence, your travel document/re-entry permit will only be valid until the end of your conditional residence. So, if you waited to apply for it, would still expire on the date your conditional status expires - it won't be valid past that date.

I will be speaking with a lawyer from my husband's company next week about my options to remove Cr while overseas and I'll update you then. From everything I've gathered so far, it seems I'll just have to go back to do biometrics.

Let us know if you learn anything else.

[LA123 0]

Thanks Mozplay and LA, I appreciate your response.

LA, can you tell me a little more about your situation? What did you do when you moved, did you get the re-entry permit or did you make trips back to keep the GC active (I refer to the 180 day limit of being outside the US)? How much longer will you be overseas for? If you got the re-entry permit, what will you do once you have the conditions removed to keep the card active, as the same rules still apply?

I'm eager to hear what your lawyer has to say. I'm looking in to getting one myslef, will keep you posted.

Hi,

My husband (USA citizen) has just accepted a job overseas and by the time we leave I will be one year into my two year conditional green card. The job is for 3 years and then we want to come back here but I don't know how to keep my card when this is the case:

"A re-entry permit is generally valid for LPRs for a period of 2 years, EXCEPT if the LPR is a conditional LPR, then the re-entry permit is only valid up until the time a conditional PR has to remove conditions."

What happens then? Is that it for me being able to be overseas? I read somewhere that the re-entry permit cannot be renewed, is this correct? Is there something else I can get instead? What is a returning resident visa?

Am I better to to make a couple of trips back to the US until I can get the conditions removed, and then apply for the re-entry permit (by that point we'd be in the two year frame)?

I should also mention that my husband is not in the military or gov work.

I've tried to do as much research on this as possible but find my case might be a little unusual. Any help would be greatly appreciated.

I was in your position a year ago when we moved overseas. Like you, my husband is not in the govt or military. He works for a US company in one of their overseas' offices.

Since you have conditional residence, your travel document/re-entry permit will only be valid until the end of your conditional residence. So, if you waited to apply for it, would still expire on the date your conditional status expires - it won't be valid past that date.

I will be speaking with a lawyer from my husband's company next week about my options to remove Cr while overseas and I'll update you then. From everything I've gathered so far, it seems I'll just have to go back to do biometrics.

Let us know if you learn anything else.

I applied for the re-entry permit before we moved and did the biometrics for that as well. On the application, I requested that it be sent to the US embassy in the country we were going to and I picked it up after we got there. We left the US on July 31, 2008 and we went back for a 3 week visit on June 19, 2009. I had no issues at immigration - they didn't even ask for the permit. We are supposed to be overseas until May 2011.

If I successfully get the conditions removed, I'll just make sure that I travel to the US at least once every 11-12 months. We still maintain a home and bank accounts there and we file our US taxes as well.

[curtdfw 0]

I'm in the finals for a 1-2 year expat position with an American company in Central America. My wife is an Indian national who arrived here in April '09 and is on a CR-1 (we met when I was on another expat gig in India).

What I'd like is to keep the clock ticking on the 2-year conditional period and avoid filing for the re-entry permit, as it is clearly a temporary position, with no intention of permanent relocation. Is there any way to do that by regular visits back to the US, etc? From a few searches on the site, it appears not, but thought I'd at least float the possibility...

Thanks in advance...

[himher 634]

We are in the same situation - I work overseas and we have been out of the country since Jan. There is no "180 day" limit but there certainly is a clear and written 1-year limit for being out of the country. We have to file next spring and have gone to a lot of trouble ensuring that our US residency is maintained. NOBODY wants to live forever where we are! LOL Anyway, has anyone gone through the process of lifting conditions on a (non-working) PR spouse while the USC spouse is working overseas?

[curtdfw 0]

NOBODY wants to live forever where we are! LOL

Come on, now -- you can't make a statement like that and not let us know the location...

[LA123 0]

Update***

This is what the lawyer we spoke to told us and suggested:

1. File the petition indicating your overseas address and a U.S. mailing address for the receipt notice. The case will be receipted and most likely USCIS will issue a Request for Evidence (RFE) seeking clarification of your residence and plans/intent to return to the U.S. If you respond that you are living abroad and cannot return for some time, then the petition will be placed on overseas hold until you return to the U.S. (using receipt notice as travel document/proof of status), and upon your return to the U.S. you and your spouse notify USCIS to have case released from overseas hold and biometrics scheduled for continued processing. The practice seems to be that when a foreign address is listed, USCIS is automatically issuing this RFE, but there is always the possibility that the agency will just automatically hold the petition and not issue the RFE, awaiting notification from you and your spouse of your return to the U.S.

2. File the petition with overseas address "Address" on the I-751 and listing U.S. mailing address "Mailing Address" for receipt. USCIS will issue RFE, to which you will respond that you and your spouse are willing to return to the U.S. for biometrics and the interview (if it is not waived). The experience in our firm has been that USCIS will schedule biometrics based on your representation that your wife is spouse to return. Your spouse would need to return to have his/her biometrics taken, and will need to return again if an interview is scheduled (you would need to attend as well).

3. File the petition listing a U.S. address as the "address" in Part 1 of the I-751 and only list your foreign address in your cover letter. The biometrics would automatically be scheduled, which your spouse would need to attend, and the case would not risk being put in "overseas hold." If an interview is scheduled, you would both need to return to attend.

Unless your spouse is unable to travel during your time abroad, in which case you should proceed with option 1, then I would recommend option 2. This way you are being forthcoming about living abroad, but at the same time advising USCIS of your willingness to return for biometrics and for the interview. The risk with this option is the possibility that USCIS places the petition on hold without issuing an RFE, which will require you to do some work to get it released. The third option has also been done successfully, but I prefer the second approach because it is more forthcoming. Residence is a relevant issue for I-751 determinations, so it's probably best to lay everything out clearly for USCIS.

Overall, our sense is that USCIS is very willing to adjudicate the I-751 petition so long as the beneficiary will return to the U.S. as required for biometrics and the interview.

Let me know how you all plan to proceed. I'm still debating myself.

[himher 634]

Saudi - yuk

NOBODY wants to live forever where we are! LOL

Come on, now -- you can't make a statement like that and not let us know the location...

[himher 634]

#3 is what we were advised before we left but part of our evidence is the residency statement by my company that I work here and my spouse is here on "dependent not allowed to work" status. As far as our maintaned US address I have to maintain a US residence as my oldest daughter goes to high school there. The rest of it like banks, phone, vehicles, drivers licenses, federal/state tax returns and all that foppery are all registered to our US address. I don't think anything comes here except for the odd work-related correspondence.

Update***

This is what the lawyer we spoke to told us and suggested:

1. File the petition indicating your overseas address and a U.S. mailing address for the receipt notice. The case will be receipted and most likely USCIS will issue a Request for Evidence (RFE) seeking clarification of your residence and plans/intent to return to the U.S. If you respond that you are living abroad and cannot return for some time, then the petition will be placed on overseas hold until you return to the U.S. (using receipt notice as travel document/proof of status), and upon your return to the U.S. you and your spouse notify USCIS to have case released from overseas hold and biometrics scheduled for continued processing. The practice seems to be that when a foreign address is listed, USCIS is automatically issuing this RFE, but there is always the possibility that the agency will just automatically hold the petition and not issue the RFE, awaiting notification from you and your spouse of your return to the U.S.

2. File the petition with overseas address "Address" on the I-751 and listing U.S. mailing address "Mailing Address" for receipt. USCIS will issue RFE, to which you will respond that you and your spouse are willing to return to the U.S. for biometrics and the interview (if it is not waived). The experience in our firm has been that USCIS will schedule biometrics based on your representation that your wife is spouse to return. Your spouse would need to return to have his/her biometrics taken, and will need to return again if an interview is scheduled (you would need to attend as well).

3. File the petition listing a U.S. address as the "address" in Part 1 of the I-751 and only list your foreign address in your cover letter. The biometrics would automatically be scheduled, which your spouse would need to attend, and the case would not risk being put in "overseas hold." If an interview is scheduled, you would both need to return to attend.

Unless your spouse is unable to travel during your time abroad, in which case you should proceed with option 1, then I would recommend option 2. This way you are being forthcoming about living abroad, but at the same time advising USCIS of your willingness to return for biometrics and for the interview. The risk with this option is the possibility that USCIS places the petition on hold without issuing an RFE, which will require you to do some work to get it released. The third option has also been done successfully, but I prefer the second approach because it is more forthcoming. Residence is a relevant issue for I-751 determinations, so it's probably best to lay everything out clearly for USCIS.

Overall, our sense is that USCIS is very willing to adjudicate the I-751 petition so long as the beneficiary will return to the U.S. as required for biometrics and the interview.

Let me know how you all plan to proceed. I'm still debating myself.

[LA123 0]

#3 is what we were advised before we left but part of our evidence is the residency statement by my company that I work here and my spouse is here on "dependent not allowed to work" status. As far as our maintaned US address I have to maintain a US residence as my oldest daughter goes to high school there. The rest of it like banks, phone, vehicles, drivers licenses, federal/state tax returns and all that foppery are all registered to our US address. I don't think anything comes here except for the odd work-related correspondence.

HimHer

Could you let us know what address you put for current address and for mailing address? Did you only put your foreign address in the cover letter? Did you include a copy of your lease overseas?

Also, did you say your daughter lived with you or was in the US?

If at all possible, I'd love to know if what you included in your cover letter and see a copy of the residency statement your company gave you.

Thanks.

[himher 634]

See original post - we do not file until next spring. It gives name, service date, job title, local (overseas) address, family members who also reside at that address, and an 800 number to call for further information. It also has some kind of a nice blue stamp on it. Correction to second post it is her VISA that states dependent status / not allowed to work.

The address that I will put on the forms is our US address - the same one our vehicles are registered at, phone bills go to, bank / CC statements go to, and tax return are referenced to. I do not wish that a hold be placed on our petition so we have scheduled 30-day leave starting (2) weeks after we file. If the biometrics do not fall within that 6-week frame or we cannot do biometrics early then she will have to stay, go to biometrics, and return after that is complete. If we are dinged for interview we will return and attend the interview together. Worst case is that we do not meet the requirements which means that when we do intend to return we will have to start over. It will save us much in state income taxes (taxes that otherwise would not have to be paid if my wife were a USC) which have to be filed even though I work overseas to maintain residency in our state.

[kiwibecka 0]

Thanks LA, that's a big help. I spoke to a lawyer but he wasn't anywhere near as helpful as this. I think I will also do option 3, although as we are renting our house here, we're going to have to use a family member's address & will only have that and tax returns to show. I hope that will be enough evidence that we want to return.

I feel the same way as Himher, I don't want to put this on hold...I think what I will do is this:

We leave US in Feb 2010 on return flights, come back June.

Submit I-751 in Dec 2010 (my 90 days) & return when biometrics appt is scheduled (I'm assuming that will be sometime between Dec-Mar when GC expires).

Return again once new GC is in hand (hopefully no more than 6months later) & apply for I-131, which should then cover me for the remaining 2 years we are away.

I know that at any point when I return I run the risk of being denied entry, but I guess I'll just have to take the risk. It seems crazy that USCIS don't make better allowances for people like us.

Meanwhile, I'm still trying to find where I read about being out of the country for more than 180 days. I think it said that if you're out beyond this time it puts a red flag on you or something. Anyway, if I find it again, I'll post it.

Good luck to everyone.

See original post - we do not file until next spring. It gives name, service date, job title, local (overseas) address, family members who also reside at that address, and an 800 number to call for further information. It also has some kind of a nice blue stamp on it. Correction to second post it is her VISA that states dependent status / not allowed to work.

The address that I will put on the forms is our US address - the same one our vehicles are registered at, phone bills go to, bank / CC statements go to, and tax return are referenced to. I do not wish that a hold be placed on our petition so we have scheduled 30-day leave starting (2) weeks after we file. If the biometrics do not fall within that 6-week frame or we cannot do biometrics early then she will have to stay, go to biometrics, and return after that is complete. If we are dinged for interview we will return and attend the interview together. Worst case is that we do not meet the requirements which means that when we do intend to return we will have to start over. It will save us much in state income taxes (taxes that otherwise would not have to be paid if my wife were a USC) which have to be filed even though I work overseas to maintain residency in our state.