Do I have an alternative?

[tchrisman 0]

Hi. My 2 year anniversary of my residency is this October. However, my husband and I are planning to move back to my home country of Australia within the next 6 months to a year at the latest. To me, it seems like a waste to go through the cost and work of filing again to remove my conditions when realistically, I will be giving up my status to return home in the not-too-distant future. The thought has crossed my mind to just not file, but I have a child and can't risk being deported before my family is ready to relocate (we still have alot to prepare). Is there an alternative at all that will allow me to stay for say another year tops without the cost/work of removing conditions? I'd rather see the cost of the I-751 go towards my husband's Australian visa if I'm just going to lose my residency anyway once we've been gone a while.

Any insight/advice would be greatly appreciated. Thanks

[john_and_marlene 162]

Hi. My 2 year anniversary of my residency is this October. However, my husband and I are planning to move back to my home country of Australia within the next 6 months to a year at the latest. To me, it seems like a waste to go through the cost and work of filing again to remove my conditions when realistically, I will be giving up my status to return home in the not-too-distant future. The thought has crossed my mind to just not file, but I have a child and can't risk being deported before my family is ready to relocate (we still have alot to prepare). Is there an alternative at all that will allow me to stay for say another year tops without the cost/work of removing conditions? I'd rather see the cost of the I-751 go towards my husband's Australian visa if I'm just going to lose my residency anyway once we've been gone a while.

Any insight/advice would be greatly appreciated. Thanks

If your plan is to remain in the U.S. for another year beyond the 2-year conditional residency, there is no alternative to filing the lifting of conditions.

If you don't file, your legal residence status ends at 2 years and you must exit the U.S.

It's not a waste to file--you are extending your status which is exactly what you want to do.

[Jamericanlove 31]

If you don't remove the conditions on your residence you'll be deemed out of status put into removal proceedings. I think your best bet would be to remove the conditions. You never know what might happen in the future and your move may take longer than the 6-12 months you guys have planned. If anything you could stay a wee bit longer and do the citizenship application a year after you remove conditions. Once you become a US citizen you can live anywhere you want and never have to deal with USCIS again if you ever do for some reason want to move back to the US (also, you'll have to deal with them to get a visitors visa if you do ever want to return and don't have citizenship). Good luck.

[v333k 59]

If you don't remove the conditions on your residence you'll be deemed out of status put into removal proceedings. I think your best bet would be to remove the conditions. You never know what might happen in the future and your move may take longer than the 6-12 months you guys have planned. If anything you could stay a wee bit longer and do the citizenship application a year after you remove conditions. Once you become a US citizen you can live anywhere you want and never have to deal with USCIS again if you ever do for some reason want to move back to the US (also, you'll have to deal with them to get a visitors visa if you do ever want to return and don't have citizenship). Good luck.

I agree.

Whatever happens, base your plans to keep things legal. There is a form you can submit that informs USCIS that you no longer wish to retain your residency in the US. It is better than being in removal proceedings. Jamaicanlove said it very well. If you, in the future, decide to come back to the US, then you will have to say that you were in removal proceedings in the past (especially when applying for citizenship) and that will not look good... it most probably will delay your application.

[Mononoke28 135]

If you don't remove the conditions on your residence you'll be deemed out of status put into removal proceedings. I think your best bet would be to remove the conditions. You never know what might happen in the future and your move may take longer than the 6-12 months you guys have planned. If anything you could stay a wee bit longer and do the citizenship application a year after you remove conditions. Once you become a US citizen you can live anywhere you want and never have to deal with USCIS again if you ever do for some reason want to move back to the US (also, you'll have to deal with them to get a visitors visa if you do ever want to return and don't have citizenship). Good luck.

This is by far the best advice I've read in a long time. You never know what may happen in the future, so waiting just a few more months will qualify you to get US citizenship and be able to come back to the US without any issues and stay out of the country for as long as you want.

But if that's not something you wish to do, then no, you have no option but to file for ROC if you stay longer than the date shown on your 2 year conditional green card.

Diana

[tchrisman 0]

I had a feeling that was the case, thank you for confirming it for me.

I appreciate the help. Take care