Do I need to change my green card if I get a new passport?

[kristi12 1]

Hi there,

I got my GC 8 months ago through marriage. A short while after that, my husband and I got offered a well paid job overseas, and given that we were broke in the states, we decided to take the job and leave. We're planning to stay two years, but go every summer to the States so that they don't take my GC away. The question is, I have to change my passport, and the new passport is going to have the same name as the GC does. Do I necessarily have to change my GC? Will I have a problem getting in with the new passport?

Thanks

[YuAndDan 153]

They still can take it away. Green-card is for residing in the USA, not overseas, the POE keeps records, and can easily catch on to the fact that you are not a US Resident and revoke the green-card.

If you plan on living out of the USA for longer than 1 year you could file an I-131 for a re-entry permit, or you could later apply for a returning resident visa at the consulate overseas, or they may still require you to start over and get a new spouse visa.

Having passport and green-card not match is not a problem, simply carry a document showing how name changed, (Copy of marriage cert)

Edited March 1, 2011 by YuAndDan

[kristi12 1]

I won't be outside the States for longer than a year. We'll be back every 9 - 10 months.

My passport doesn't have anymore pages in it, so I have to get the new passport very soon. Glad to hear there's no need to change the GC and pay all that money for the process.

Thanks

[YuAndDan 153]

I won't be outside the States for longer than a year. We'll be back every 9 - 10 months.

My passport doesn't have anymore pages in it, so I have to get the new passport very soon. Glad to hear there's no need to change the GC and pay all that money for the process.

Thanks

Again I have seen people post about getting questioned about their time outside the USA, periods longer than 6 months do get severe questioning.

Maintaining Permanent Residence

You may lose your permanent resident status (green card) if you commit an act that makes you removable from the United States under the law, as described in Section 237 or 212 of the Immigration and Nationality Act (INA) (see the “INA” link to the right). If you commit such an act, you may be brought before an immigration court to determine your right to remain a permanent resident.

Abandoning Permanent Resident Status

You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently
• Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year
• Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year
• Fail to file income tax returns while living outside of the United States for any period
• Declare yourself a “nonimmigrant” on your tax returns

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

A US resident is not a US resident, if they don't reside in the USA.

[VanessaTony 3,567]

If you plan on living out of the USA for longer than 1 year you could file an I-130 for a re-entry permit, or you could later apply for a returning resident visa at the consulate overseas, or they may still require you to start over and get a new spouse visa.

Correction, I-131, not I-130.

I won't be outside the States for longer than a year. We'll be back every 9 - 10 months.

My passport doesn't have anymore pages in it, so I have to get the new passport very soon. Glad to hear there's no need to change the GC and pay all that money for the process.

Thanks

It doesn't really matter that you'll be "popping by" every 9-10 months. You have to LIVE the MAJORITY of a year in the US. You might get away with it. You might be fine. More than likely it will catch up with you and you'll have the card taken away. You have two options:

1. Pay for a re-entry permit (I-131) which means you can stay out of the US for up to 2 years and still re-enter

2. Give up your GC now and apply for DCF when it's time to go back to the US PERMANENTLY.

Personally I would do the re-entry permit thing because you said you're planning on staying for 2 years so that fits your timeline well. Be aware as well that your time outside the US affects your naturalisation clock.

You can still try and preserve your status by filing your tax returns, maintaining a home in the US etc BUT any period after 6 months can be used against you. You could just try and go back one day and they decide that you don't live there. They'll take your card and you'll go before an Immigration Judge to determine whether your status will be revoked. You'll then need to prove that you DON'T live overseas (you just said you are going to quote "take the job and leave").

Google "maintaining permanent resident status" and maybe you'll find out you'll be okay but be aware you ARE abandoning your status and you're just hoping CBP doesn't realise. You're planning on living outside the US and just "visiting" the US from time to time. The re-entry permit is the safest option, but you're hoping that in the 2 years they won't notice. Up to you.

[Harsh_77 718]

I won't be outside the States for longer than a year. We'll be back every 9 - 10 months.

My passport doesn't have anymore pages in it, so I have to get the new passport very soon. Glad to hear there's no need to change the GC and pay all that money for the process.

Thanks

You will be returning back to US every 9-10 months for how long? That is the question that needs to be answered.

If you are going to come to visit US for 3-4 weeks every 9-10 months – then most likely they would want to revoke your GC.

For the GC you need to spend atleast 50% of time in US – other than that as per USCIS you don’t need a GC you can apply for tourist visa whenever you need it.

[jerod_gavel 16]

There are cases where you can work overseas and keep the green card, but they are very limited in scope. Working on a U. S. Facility (Military or Embassy) grants you an overseas address that counts as if you are in the United States. I would say look into that option very closely, and speak with an immigration lawyer before you make a decision. (Please note: There should be orders with the immigrants name listed to ensure they get credit for naturalization still.) Keep in mind, you would also need to process all the papers for change of address (AR-11, etc).

[JimmyHou 611]

Hi there,

I got my GC 8 months ago through marriage. A short while after that, my husband and I got offered a well paid job overseas, and given that we were broke in the states, we decided to take the job and leave. We're planning to stay two years, but go every summer to the States so that they don't take my GC away. The question is, I have to change my passport, and the new passport is going to have the same name as the GC does. Do I necessarily have to change my GC? Will I have a problem getting in with the new passport?

Thanks

Getting a new passport will not be a problem, especially if the name on the new passport is the same as the name on the green card.

If the names are different, then carry your old passport with you and if possible, carry proof of your name being changed (name change court order or marriage certificate).

Coming back to the States once a year puts you at risk of losing your green card. Even coming back once every 6 months puts you at risk of losing your green card. This doesn't mean that they will take your green card away, it just means that there's a real chance that they could. You need to demonstrate that you have not abandoned your ties to the US while you are gone. If you will continue to own property, pay bills, etc. this could help.

Even if you maintain your green card, the two years you spend abroad will most likely not count to the time required to acquire US citizenship.

If you do lose your green card, your husband can sponsor you for another one and you'll have to go through the process again.

[Ontarkie 14,221]

This is a 3 year old thread, and the poster has not been back in 3 yrs. You may want to look at the dates before replying and resurrecting threads.

~~Thread closed to further comments~~