Moving overseas while on conditional green card

[Krikit 1,164]

I guess this is a good thread to post the following links:

Returning Resident (SB-1) Visa

Form N-470: Application to Preserve Residence for Naturalization Purposes

[LA123 0]

Quick update - I sent in my I-751 and it was received on October 2, 2009.

I received a fingerprint appointment for November 13. I got the notice about 3 weeks before the appointment date. I flew back to the US and got my biometrics done.

I am now waiting for the next step.

[LA123 0]

Quick update - I sent in my I-751 and it was received on October 2, 2009.

I received a fingerprint appointment for November 13. I got the notice about 3 weeks before the appointment date. I flew back to the US and got my biometrics done.

I am now waiting for the next step.

Hi all,

Final update - I received an email from USCIS on December 7 saying my card has been ordered.

Good luck to all of you!

[asle82 0]

Hi all,

Final update - I received an email from USCIS on December 7 saying my card has been ordered.

Good luck to all of you!

Hi LA123, I am in the same position as you are. I am about to apply to have the conditions of the GC remove this coming September. Thing is, I am in Germany right now. My husband got hired here this past January for a German company. We are planning on staying here for 2 years. I have been out of the US since June of last year, traveling back and forward every couple of months of course, so no to get in trouble with immigration. I would like to ask you a few questions, if possible:

When you apply to have the conditions removed, did you mention you were abroad?

Did you mention that you were going to need a travel permit after your green card is permanent?

Did you apply from your US address?

Did you show any evidence of your current situation (living abroad, non-permanently)?

Any tips or advice, will be greatly appreciated. Thanks so much!

[LA123 0]

Hi LA123, I am in the same position as you are. I am about to apply to have the conditions of the GC remove this coming September. Thing is, I am in Germany right now. My husband got hired here this past January for a German company. We are planning on staying here for 2 years. I have been out of the US since June of last year, traveling back and forward every couple of months of course, so no to get in trouble with immigration. I would like to ask you a few questions, if possible:

When you apply to have the conditions removed, did you mention you were abroad?

Did you mention that you were going to need a travel permit after your green card is permanent?

Did you apply from your US address?

Did you show any evidence of your current situation (living abroad, non-permanently)?

Any tips or advice, will be greatly appreciated. Thanks so much!

Hello,

When I applied, I did not say I was abroad. I used the US address where I was having my mail sent as my home address and my mailing address. I also listed that address as my husband's current address.

I already had a travel document so i did not apply for another.

No, I did not show any evidence of living abroad. I sent in our tax returns (we still filed US taxes), and bank and credit card statements which listed our US address. I also sent in evidence of our relationship - joint insurance, birth certificate for our son, pictures of us on vacation.

Good luck and let me know if you have any other questions.

[kiwibecka 0]

I think this was a good idea LA. I got my travel document and moved overseas but have recently changed my address to our one here in Europe. I haven't received anything from them so far, but it will be interesting to see what happens in December when I try to get the conditions removed.

I'll keep you posted if I hear anything.

Hello,

When I applied, I did not say I was abroad. I used the US address where I was having my mail sent as my home address and my mailing address. I also listed that address as my husband's current address.

I already had a travel document so i did not apply for another.

No, I did not show any evidence of living abroad. I sent in our tax returns (we still filed US taxes), and bank and credit card statements which listed our US address. I also sent in evidence of our relationship - joint insurance, birth certificate for our son, pictures of us on vacation.

Good luck and let me know if you have any other questions.

[himher 634]

Update: Our package will be mailed on the 13th - it is all ready and complete. As to the hard time at the airport - we got a hard time last December but just at the counter, and we expect a hard time in June when we return to the US for (5) weeks. As to the residency question - we have maintained our vehicles/insurance, licenses, credit cards, cell phones, bank info, my oldest daughter is enrolled in school (under the watchful eye of my parents), file federal/state income taxes as residents, etc - so that is the best thing we can do to maintain residence/no intent to abandon and work overseas. From here on - its not in our hands so we did our best. Hope to update with good news in a few weeks.

David and Nitadyah <grins> some of you will recognize us - we are old, old timers on here LOL

[asle82 0]

Thanks so much for your reply!!

You already had a travel document? If I may ask, is the documents date beyond your GC removal of conditions dateline? I though you could not apply for a travel document until your GC becomes permanent. Did you apply for the TD before removing the conditions? How did you do it?

I need to apply for a travel document, too. I would like to take a break from traveling back and forward this next two years...

We also file US tax returns and have maintain all of our accounts current. Just like you guys.

Thanks again, I look forward to read you again. Your advise is greatly appreciate it.

Hello,

When I applied, I did not say I was abroad. I used the US address where I was having my mail sent as my home address and my mailing address. I also listed that address as my husband's current address.

I already had a travel document so i did not apply for another.

No, I did not show any evidence of living abroad. I sent in our tax returns (we still filed US taxes), and bank and credit card statements which listed our US address. I also sent in evidence of our relationship - joint insurance, birth certificate for our son, pictures of us on vacation.

Good luck and let me know if you have any other questions.

[asle82 0]

Good luck!!!!

Update: Our package will be mailed on the 13th - it is all ready and complete. As to the hard time at the airport - we got a hard time last December but just at the counter, and we expect a hard time in June when we return to the US for (5) weeks. As to the residency question - we have maintained our vehicles/insurance, licenses, credit cards, cell phones, bank info, my oldest daughter is enrolled in school (under the watchful eye of my parents), file federal/state income taxes as residents, etc - so that is the best thing we can do to maintain residence/no intent to abandon and work overseas. From here on - its not in our hands so we did our best. Hope to update with good news in a few weeks.

David and Nitadyah <grins> some of you will recognize us - we are old, old timers on here LOL

[Sunshine2009 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.

<!--quoteo(post=3345505:date=Sep 25 2009, 10:03 AM:name=himher)--><div class='quotetop'>QUOTE (himher @ Sep 25 2009, 10:03 AM) <a href="index.php?act=findpost&pid=3345505"><{POST_SNAPBACK}></a></div><div class='quotemain'><!--quotec-->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 <u>much</u> 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.<!--QuoteEnd--></div><!--QuoteEEnd-->

Hi there!

I'm also a conditional status. I been out of the country since, I got my 2years visa but I have to go back to states every six months to avoid problems and so far I have no problem traveling back and fort. I am working in one of the US Army Contract in Kuwait. I filed the petition to remove my conditional along with supporting documents on 16th September of 2009. Received my extension one year green on October 2009 and also, done my fingerprints. This year I received another mail from USCIS says "MY CASE IS PLACED ON OVERSEAS HOLD" so, I have to go back to US later this August I'll see what I can do.. I'll keep you guys posted on my case...

[himher 634]

LOL we're practically neighbors - we're down in Dhahran. So far we got the receipt notice with the one-year extension - but we do not have a biometrics appt yet. All of our documents were filed under our US residence address so we do not expect any issues. I know this - we won't be out of the country >6 months again! We truly got a big hassle after (11) months and personally I think we pushed the envelope - probably should not have invited trouble like that.

Hi there!

I'm also a conditional status. I been out of the country since, I got my 2years visa but I have to go back to states every six months to avoid problems and so far I have no problem traveling back and fort. I am working in one of the US Army Contract in Kuwait. I filed the petition to remove my conditional along with supporting documents on 16th September of 2009. Received my extension one year green on October 2009 and also, done my fingerprints. This year I received another mail from USCIS says "MY CASE IS PLACED ON OVERSEAS HOLD" so, I have to go back to US later this August I'll see what I can do.. I'll keep you guys posted on my case...