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possible ( unexpected) move overseas

By modmodgirl in Removing Conditions on Residency General Discussion

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modmodgirl Explorer

modmodgirl   2

Posted
Filed: K-1 Visa Country: France
 Timeline
Posted

Hi everyone, my husband ( who is French) and I might be moving overseas ( back to France) next year. He just got his conditional green card this week. We understand that he will have to remove conditions of the card in two years if we are in France.

Can we move to France for a year and then return if he has a conditional green card? Is that legal?

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Lornaevo Collaborator

Lornaevo   48

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
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Posted

No. With a green card you're only allowed to stay out of the country for 6 months each year.

05/22/2012 - MAILED AOS PACKAGE.
06/04/2012 - RECEIVED NOTICE IN THE MAIL.
06/04/2012 - RECEIVED BIOMETRICS APPOINTMENT IN THE MAIL.
06/06/2012 - WALK IN BIOMETRICS COMPLETED.
07/11/2012 - TEXT AND EMAIL NOTIFICATIONS OF I-485 INTERVIEW APPOINTMENT.
07/13/2012 - RECEIVED HARD COPY OF INTERVIEW NOTICE IN THE MAIL.
07/28/2012 - EAD CARD PRODUCTION ORDER.
08/04/2012 - EAD CARD IN HAND.
08/15/2012 - GC INTERVIEW. APPROVED. PASSPORT STAMPED.
08/20/2012 - GC CARD PRODUCTION ORDERED.
08/23/2012 - GC RECEIVED.

06/28/2014 - MAILED I-751 PACKAGE

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Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

No. With a green card you're only allowed to stay out of the country for 6 months each year.

This is untrue. A LPR can be out of the country for up to a year without needing special permission. http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

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

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

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Sandra G. Veteran

Sandra G.   5,048

Posted
Filed: Other Country: Brazil
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Posted (edited)

If he needs to stay more than 1 year he can apply for "reentry permit",USCIS will evaluate the reason why he needs to move out of the Country and most of the time they issue the reentry permit for 1 year He can apply maximum for 2 years to live abroad.When the time comes he must file ROC (I-751).

Edited by sandranj
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Kathryn41 Grand Master

Kathryn41   3,205

Posted
Filed: Citizen (apr) Country: Canada
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Posted (edited)

You will need to show, however, that it is not your intent to give up his residency in the US, that you are not taking up residence in France, but that relocation is expected to be a temporary one only. You will need to retain ties with the US - keep some sort of residential address and mailing address, maintain your DL and car registration, etc. Plan before you leave how you will show your move overseas is expected to be temporary and you fully intend to return to the US and make sure he applies for the appropriate permission from USCIS before he leaves.

If you are not able to do that at this time and do intend to move permanently to France or to live there for an extended period of time, then he will need to surrender his green card. If, in the future, you wish to return to the US, you can sponsor him again for another green card.

Edited by Kathryn41

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modmodgirl Explorer

modmodgirl   2

Posted
Filed: K-1 Visa Country: France
 Timeline
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Posted

You will need to show, however, that it is not your intent to give up his residency in the US, that you are not taking up residence in France, but that relocation is expected to be a temporary one only. You will need to retain ties with the US - keep some sort of residential address and mailing address, maintain your DL and car registration, etc. Plan before you leave how you will show your move overseas is expected to be temporary and you fully intend to return to the US and make sure he applies for the appropriate permission from USCIS before he leaves.

If you are not able to do that at this time and do intend to move permanently to France or to live there for an extended period of time, then he will need to surrender his green card. If, in the future, you wish to return to the US, you can sponsor him again for another green card.

Thanks Kathryn, very helpful!

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