2 year conditional green card

[Stann 3]

Hello all,

having recieved my 2 year green card back in January i have been lucky enough to not have to worry about immigration for a few months

However my husband and i may be moving back to the UK (where i am from - my husband has fallen in love with the UK!!) and i wondered how this would affect my status here - i think we will be leaving before the 90 day period when i can apply for the 10 year green card so i would not be able to get it.

What would my status would be when my two year card expires if i am residing in the UK?

I read that the adjustment is usually easy and does not usually require an interview - should i go ahead and apply for the 10 year (when the time comes) as if i were still living here just for the benefit of having it?

Hope this makes sense, i know this is quite a specialist question so all advice would be greatly appreciated.

Thanks

Stacey

[YuAndDan 153]

A few things to consider.

Maintaining Permanent Residence

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:

* Move to another country intending to live there permanently.

* 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.

* 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.

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

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

http://www.uscis.gov/graphics/howdoi/PermRes.htm#maintain Edited October 14, 2006 by YuAndDan

[diadromous mermaid 36]

You can file an I-751 from out of the country, but you do need to be available for an interview, should one be called. If you depart the US with an eye to staying out of the country for an extended period of time, then you will need a ren-entry permit.

An Alien becomes eligible to remove conditions 2 yrs 9 mos after receiving CPR when married to a US citizen, but if you've been married for all of that time, and have not had any substantial absences during that time, you become eligible for naturalisation a mere three months later. Were you to put off your plans to move back to the UK in order to accommodate removal of conditions, you might want to look into applying for Naturalization as soon as eligible. One you're a citizen you can come and go at your pleasure!

[hcj 0]

You can file an I-751 from out of the country, but you do need to be available for an interview, should one be called. If you depart the US with an eye to staying out of the country for an extended period of time, then you will need a ren-entry permit.

An Alien becomes eligible to remove conditions 2 yrs 9 mos after receiving CPR when married to a US citizen, but if you've been married for all of that time, and have not had any substantial absences during that time, you become eligible for naturalisation a mere three months later. Were you to put off your plans to move back to the UK in order to accommodate removal of conditions, you might want to look into applying for Naturalization as soon as eligible. One you're a citizen you can come and go at your pleasure!

dmermaid, I think you meant 1 yr 9 mos to remove conditions... and eligible for naturalization 1 year after that if you stay married to your USC.

[meauxna 15]

What would my status would be when my two year card expires if i am residing in the UK?

I read that the adjustment is usually easy and does not usually require an interview - should i go ahead and apply for the 10 year (when the time comes) as if i were still living here just for the benefit of having it?

If you move out of the US permanently, you will no longer be a Permanent Resident and you won't have any US immigration status. You can visit on the VWP (ties of your USCs abode abroad will help difuse your 'immigrant intent') and is/when you ever want to return to the US to live, you can re-immigrate. Start about 6 months before you'd want to come back. Your USC can set up several things in the US to maintain his ties whle he is gone (internet makes it all so easy now!) and should remember that he must report his worldwide earnings to the IRS every year and that he can vote absentee.

If you think your move may be temporary, or as a hedge against not liking it there and/or not wanting to stay, there are things you can do *beforehand* to protect your current PR status.

Have a great adventure!

[Yodrak 7]

Stacey,

If you do not, both your LPR status will end no matter where you are living at the time. You will not be applying "for the 10 year", you will be applying to remove the conditions, and if you do not apply within the appropriate time period your LPR status will expire. (If you have not already lost it, as others have discussed.)

Yodrak

Hello all,

....

I read that the adjustment is usually easy and does not usually require an interview - should i go ahead and apply for the 10 year (when the time comes) as if i were still living here just for the benefit of having it?

....

Stacey