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Filed: AOS (pnd) Country: Germany
Timeline
Posted

Hi everybody,

I received my 2-year Permanent Resident Card in February of this year. Now my husband got a job offer in the UK, and we've both decided that we would love to move over there. Obviously we wouldn't move right away, but plan on getting there maybe in June or July of 2013.

At the moment, like I said, I have my 2-year Permanent Resident Card, so I won't be able to get the unconditional green card until February of 2014. By then, we plan on being in the UK. I'd still want to get my green card though, cause we only plan on being there until my husband's company is all set up. So maybe 3 or 4 years. After that, we'd return to the US, and I'd obviously need my green card for that.

Now here's my questions:

Can I receive my Green Card, even though I'm not in the US? What if we filed from the UK (we could probably arrange coming back the US for a week or so for the interview...)? Is there any other way to do this?

Thanks in advance for your answers! :)

(Oh, by the way, my husband hasn't accepted the offer yet, so even if there's no way this can work out, let me know... it's not too late yet ;) Thanks!)

~ Our Timeline ~

08/09/2010 - came to the US on a J-1 Visa to work as a live-in Nanny in Colorado

12/30/2010 - started dating

07/02/2011 - finished job in Colorado and moved to Utah

08/12/2011 - Wedding in Salt Lake City

09/08/2011 - sent off Forms I-485 (Application to Register Permanent Resident or Adjust Status), I-130 (Petition for Alien Relative) and I-765 (Application for Employment Authorization)

10/03/2011 - received NOA's for all forms

10/17/2011 - received RFE for I-485, concerning the Medical

10/24/2011 - Biometrics Appointment

11/29/2011 - sent response to RFE

02/07/2012 - Interview in Salt Lake City - approved!

02/13/2012 - received Green Card

Posted

GC is for living in the US. Your can get a reentry permit for 2 years that will allow you to live abroad for 2 years without losing your GC, but if you are planning being out longer than that you will most likely abandon your residency. When you are ready to move back, you can reapply for a spousal visa through DCF in London which is very fast.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: AOS (pnd) Country: Germany
Timeline
Posted (edited)

GC is for living in the US. Your can get a reentry permit for 2 years that will allow you to live abroad for 2 years without losing your GC, but if you are planning being out longer than that you will most likely abandon your residency. When you are ready to move back, you can reapply for a spousal visa through DCF in London which is very fast.

Ok, thanks! So if I get the reentry permit, will I have to file for another Green Card right away when I get back? Because like I said, mine is only valid until Feb. of 2014, and we'd probably get back after that.

Edited by D5RQ

~ Our Timeline ~

08/09/2010 - came to the US on a J-1 Visa to work as a live-in Nanny in Colorado

12/30/2010 - started dating

07/02/2011 - finished job in Colorado and moved to Utah

08/12/2011 - Wedding in Salt Lake City

09/08/2011 - sent off Forms I-485 (Application to Register Permanent Resident or Adjust Status), I-130 (Petition for Alien Relative) and I-765 (Application for Employment Authorization)

10/03/2011 - received NOA's for all forms

10/17/2011 - received RFE for I-485, concerning the Medical

10/24/2011 - Biometrics Appointment

11/29/2011 - sent response to RFE

02/07/2012 - Interview in Salt Lake City - approved!

02/13/2012 - received Green Card

Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted

Ok, thanks! So if I get the reentry permit, will I have to file for another Green Card right away when I get back?

No re-entry is applied when you know you are going to be out of US for little more than 6 months.

GC conitional or non conitional are meant for someone who want to live in US.

In your case if you choose to go to UK, than you will have to give up your existing GC and whenever after 3 or 4 years you ready to come back to US you will have to apply again.

One is able to go thru DCF process when USC had established resident in foregin country.

Posted (edited)

Ok, thanks! So if I get the reentry permit, will I have to file for another Green Card right away when I get back? Because like I said, mine is only valid until Feb. of 2014, and we'd probably get back after that.

You have a bunch of time-ticks that you have to keep track of. If you want to get a reentry permit, you will have to get the permit (pay $$). The permit will only be good for as long as your GC is valid. Then you will have to remove conditions on your GC at the appropriate time (if you do not know about this please look up form I-751), and travel to the US at your expense for fingerprints and a possible interview. Then you will have to get another reentry permit (pay more $$, travel back to the US at your expense for fingerprints). If you plan on being out longer than 2 years, this path is not for you.

The more straightforward and appropriate thing to do is to give up your GC officially, then you can ignore it for a while, then refile when you plan on coming back through DCF, and you will get a 10-year GC then. This way is also substantially less expensive.

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: AOS (pnd) Country: Germany
Timeline
Posted

Ok, that makes sense, thank you so much! I actually had never heard about DCF before, but I just read a little more about it, and that's probably what we'll do! I have two more questions, it would be great if someone knew the answers to these as well.

- At what point would I file the DCF? So let's say for example I file it 6 months before we plan on coming back to the US, then receive it about three months later, that leaves me with two months that I have my green card but am not in the States yet. Would that be ok, or do I have to go back as soon as possible after I receive it?

- In the vjWiki it says that I have to have some kind of proof that I've been living in England for at least 6 months, usually that would be a resident visa. As a European citizen, I won't actually need a visa to work and live in England (I actually lived in England before, that's how I know ;)), so what kind of proof would I have to submit?

This actually all seems a lot easier than I thought it would be, and I'm glad that I can already prepare for that whole process with your help! Thanks :)

~ Our Timeline ~

08/09/2010 - came to the US on a J-1 Visa to work as a live-in Nanny in Colorado

12/30/2010 - started dating

07/02/2011 - finished job in Colorado and moved to Utah

08/12/2011 - Wedding in Salt Lake City

09/08/2011 - sent off Forms I-485 (Application to Register Permanent Resident or Adjust Status), I-130 (Petition for Alien Relative) and I-765 (Application for Employment Authorization)

10/03/2011 - received NOA's for all forms

10/17/2011 - received RFE for I-485, concerning the Medical

10/24/2011 - Biometrics Appointment

11/29/2011 - sent response to RFE

02/07/2012 - Interview in Salt Lake City - approved!

02/13/2012 - received Green Card

Posted (edited)

If you file DCF you won't get a Greencard until you are in the US. You will have a spousal visa that usually has 6 months validity on it. Once you enter the US the GC will be produced and sent to your house. You can ask the USCIS office in London how much lead time they suggest you leave. The 6 month residency stuff is for the USC mainly - he has to show that he is eligible to file directly through the consulate.

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

Ok, that makes sense, thank you so much! I actually had never heard about DCF before, but I just read a little more about it, and that's probably what we'll do! I have two more questions, it would be great if someone knew the answers to these as well.

- 1 At what point would I file the DCF? So let's say for example I file it 6 months before we plan on coming back to the US, then receive it about three months later, that leaves me with two months that I have my green card but am not in the States yet. Would that be ok, or do I have to go back as soon as possible after I receive it?

- 2In the vjWiki it says that I have to have some kind of proof that I've been living in England for at least 6 months, usually that would be a resident visa. As a European citizen, I won't actually need a visa to work and live in England (I actually lived in England before, that's how I know ;)), so what kind of proof would I have to submit?

This actually all seems a lot easier than I thought it would be, and I'm glad that I can already prepare for that whole process with your help! Thanks :)

1. suggest 6 months prior to your intended 'move to america' date, as london is habitually lagged for DCF processing these last 18 months. Prior to that, they were lickity split. You not receive a green card then (on interview day) , you receive an IR-1 visa. When you come into the USA, this triggers the automagical printing and subsequent mailing of the 10 year green card to yer USA address .

2. yer reading that wrong - that residency requirement is for the USCitizen, not the foreign national. In fact, the instructions are written for the USCitizen, not the foreign national. So, for residency requirements, what will the USCitizen have? a. lease b. entry stamp c. employment contract , plus other ancillary things.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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