conditional resient visa dilemma

[Schatzi 0]

My husband in the U.S. Army is stationed in Germany for three years. I got here in the U.S. on a K3 visa & now I have a pending AOS application. Just waiting for the interview date. What will happen if say, for example, I got my green card & go live in Germany for 3 years? Will I be out of status for staying out of the U.S. for a long time? Where will I file my status to remove conditions before my conditional resident visa expires?? Anyone in a similar situation??

[Dr_LHA 3]

If you live in Germany for 3 years you will lose your Green Card, whether it is conditional or 10 year.

Maintaining Permanent Residence

You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

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

o Move to another country intending to live there permanently.

o Remain outside of the US for more than one 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 US may be considered, even if it is less than one year.

o Remain outside of the US for more than two 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 US may be considered, even if it is less than one year.

o Fail to file income tax returns while living outside of the US for any period.

o Declare yourself a “nonimmigrant” on your tax returns.

From here:

http://www.uscis.gov/graphics/howdoi/PermRes.htm

Edited September 8, 2006 by dr_lha

[Schatzi 0]

I'm a military spouse. I will go wherever my husband goes. I'm his dependent. Are there any other options for me?

[diadromous mermaid 36]

I'm a military spouse. I will go wherever my husband goes. I'm his dependent. Are there any other options for me?

New Immigration and Naturalization Rules to Assist Soldiers Fighting the War on Terrorism

The War on Terrorism has led to changes in the immigration laws and regulations that greatly benefit soldiers and their spouses. First, active duty soldiers who are not U.S. citizens are now immediately eligible to apply for naturalization. Second, conditional lawful permanent resident alien spouses of soldiers who are deployed in support of Operation Enduring Freedom may request that the Immigration and Naturalization Service (INS) extend their conditional status for one year, and in six-month increments thereafter, until their spouses return from abroad.

Further, one can do any number of things to preserve status while stationed overseas. One being to treat the relocation as temporary, and the maintain ties to the USA. You may wish to read about re-entry permits.

[stinger157 0]

My husband in the U.S. Army is stationed in Germany for three years. I got here in the U.S. on a K3 visa & now I have a pending AOS application. Just waiting for the interview date. What will happen if say, for example, I got my green card & go live in Germany for 3 years? Will I be out of status for staying out of the U.S. for a long time? Where will I file my status to remove conditions before my conditional resident visa expires?? Anyone in a similar situation??

I can imagine that there are special rules for military spouses. Your husband should ask someone on post who is in the same situation.

I really can't imagine that the fact that you follow your husband who serves his country could cause that you lose your green card. No matter if conditional or not.

[diadromous mermaid 36]

I'm a military spouse. I will go wherever my husband goes. I'm his dependent. Are there any other options for me?

New Immigration and Naturalization Rules to Assist Soldiers Fighting the War on Terrorism

The War on Terrorism has led to changes in the immigration laws and regulations that greatly benefit soldiers and their spouses. First, active duty soldiers who are not U.S. citizens are now immediately eligible to apply for naturalization. Second, conditional lawful permanent resident alien spouses of soldiers who are deployed in support of Operation Enduring Freedom may request that the Immigration and Naturalization Service (INS) extend their conditional status for one year, and in six-month increments thereafter, until their spouses return from abroad.

Further, one can do any number of things to preserve status while stationed overseas. One being to treat the relocation as temporary, and the maintain ties to the USA. You may wish to read about re-entry permits.

and

http://www.uscis.gov/graphics/citizenship/becoming.htm

[Schatzi 0]

I'm a military spouse. I will go wherever my husband goes. I'm his dependent. Are there any other options for me?

New Immigration and Naturalization Rules to Assist Soldiers Fighting the War on Terrorism

The War on Terrorism has led to changes in the immigration laws and regulations that greatly benefit soldiers and their spouses. First, active duty soldiers who are not U.S. citizens are now immediately eligible to apply for naturalization. Second, conditional lawful permanent resident alien spouses of soldiers who are deployed in support of Operation Enduring Freedom may request that the Immigration and Naturalization Service (INS) extend their conditional status for one year, and in six-month increments thereafter, until their spouses return from abroad.

Further, one can do any number of things to preserve status while stationed overseas. One being to treat the relocation as temporary, and the maintain ties to the USA. You may wish to read about re-entry permits.

and

http://www.uscis.gov/graphics/citizenship/becoming.htm

Thanks much for the quick response 'diadromous mermaid' I will definitely ask USCIS regarding this new regulation.

[jodee 30]

Girl...PM me,...

I was in exact same situation,...And have just had my 10 yr Green card approved after having the 2 yr one issued, and moving to Germany.

Military spouses are exempt from residency requirements if stationed overseas with their spouse. I filed my removal from here in Germany. And mind you, I have been living here since 2 months after we married.

And I do have the proof, for those doubters, I just have to find it. Never needed re etry permits, just carried a copy of Military orders, and MIL ID card every time I travelled stateside.

Jodee

[Schatzi 0]

Girl...PM me,...

I was in exact same situation,...And have just had my 10 yr Green card approved after having the 2 yr one issued, and moving to Germany.

Military spouses are exempt from residency requirements if stationed overseas with their spouse. I filed my removal from here in Germany. And mind you, I have been living here since 2 months after we married.

And I do have the proof, for those doubters, I just have to find it. Never needed re etry permits, just carried a copy of Military orders, and MIL ID card every time I travelled stateside.

Jodee

Hey Jodee! How are yah? You are my savior! I knew there is another option for us military spouses. I thought I was going to be stuck here for awhile...

So how did your removal of conditions experience went? Did you still have an interview for that?

[meauxna 15]

Girl...PM me,...

I was in exact same situation,...And have just had my 10 yr Green card approved after having the 2 yr one issued, and moving to Germany.

Military spouses are exempt from residency requirements if stationed overseas with their spouse. I filed my removal from here in Germany. And mind you, I have been living here since 2 months after we married.

And I do have the proof, for those doubters, I just have to find it. Never needed re etry permits, just carried a copy of Military orders, and MIL ID card every time I travelled stateside.

Jodee

hey Jodee--thought of you yesterday, when folinskyinla mentioned form N-470. It's a VERY interesting read!