file I-751 while working abroad?

[sjowol 0]

Hi there, i think I have a pretty unusual case here but i hope there will be someone her that can help me out wit this one.

I am from the Netherlands and got married to a US citizen in june 2008 and got approved for a (conditional) marriage based greencard on 12/9/2008. Since our marriage we have been living together in Los Angeles, we have a shared bank account, shared insurance, shared lease, filed joint taxes, my wife holds the title to my motorcycle etc. and I have been working and paying taxes for the past 2 years.

last week I found out I am being laid of from my job in the US, pretty unfortunate but strange enough I got a call from the UK for a job interview, I had a phone interview and they want to offer me a contract. All very tempting but what will happen to my greencard? I am supposed to file for an I-751 in a month but they want me to be in London by then.

So here are my questions:

- can I file the I-751 from abroad? so basically file for a re-entry permit before I leave for london and just send in my paperwork from the UK

- if so, how would that work with biometrics and, in the worst case scenario, an interview?

- if I can't file from abroad does that mean I lose my greencard status? and how difficult is it to get a new greencard when I decide to return to the US (we are planning to go back to the US and live here in the future)

- how long would it take to apply for a re entry permit?

Any tips on what to do would be greatly appreciated as I need to make up my mind as soon as possible!

Thanks,

Joel

Edited August 21, 2010 by sjowol

[v333k 59]

Hi Joe,

Keeping your GC means you need to meet rules USCIS has set forth.

Most importantly, you need to maintain continuous residence. This means you should not be outside the US for trips 6 months or longer, although you can apply for re-entry permit and do up to 2 year (but I am a bit fuzzy on details).

One of the reasons you have been granted residence in the US is to live with your spouse in the US. When you accept a job offer abroad, then you need to maintain residence as well as connections to the US.

You cannot file I-751 from outside the US unless you have a job with the US government and have instructions to be outside the US. Everything needs to be done inside the US.

If you travel back to the US by keeping your trips less than 6 months, then you will not need a re-entry permit (one again, I am a bit fuzzy on the details).

Oh, one last comment is if you do decide to give away your GC (and not just run out of status - make sure this doesn't happen) then if you want to obtain a new GC then you need to go through AOS once again.

I highly recommend you try to maintain your status and by the 3rd year, you apply for citizenship and finish the journey you started.