ROC, divorce and moving.

[Lulu22 0]

My husband and I married three years ago, and I am the immigrant. Recently, though, we have come to conclusion that our love for each other is more like a friendship, and if we stayed together, we would both be living unfulfilling lives. Because of this, we are going to get a divorce. Without him, I have no reason to be in this country anymore, so I will be moving back to my home country.

My concern is that, at the moment we are going through the removal of conditions process. If possible, I'd love to be able to keep my green card while still living in my home country, although I don't intend to live here again. I guess I feel like giving up my green card would mean giving up the possibility of living with my husband again, because what if moving back home is a mistake, and we instantly regret living apart? I hope that doesn't happen, but I feel like giving up my green card would be the equivalent of burning bridges between myself and the United States, which I've grown very fond of during my stay here.

We are not in a rush to get a divorce, and it will be a very clean one (I hope), as there aren't any assets to split up or anything. But I want to start getting life back in order again and move back home as soon as possible. So, what would be the best course of action for us?

[Hypnos 6,578]

A green card is intended for someone who wishes to reside in the United States. If you will be leaving the country then you will be unable to both do that and keep the green card at the same time, since they are mutually exclusive.

In general terms, a green card holder can remain outside the US for up to six months usually without issue; between six and twelve months can sometimes require you to show CBP you have maintained a US domicile at the time you attempt to return; and foreign visits for between one and two years require you to obtain a re-entry permit in advance in order to attempt to return, plus proof of maintaining a US domicile as already stated.

[Ihavequestions 419]

Why don't you just remain in the US for two more years and obtain citizenship? Then you will be able to travel in and out of the country freely, and stay outside of the country as long as you like.

[LIFE'SJOURNEY 970]

Because as a citizen she will be required to file taxes against any income received every year for rhe rest of her living life.

[Ihavequestions 419]

Because as a citizen she will be required to file taxes against any income received every year for rhe rest of her living life.

Filing taxes isn't a big deal. As a citizen, she will have a Social Security number and it's easy (and often free) to do online. Not only that, but she won't have to pay taxes on income earned out of the US under - I believe - $80,000 USD.

Regardless of the tax situation, which she hasn't asked about, citizenship will alleviate her travel concerns.

[LIFE'SJOURNEY 970]

Filing taxes isn't a big deal. As a citizen, she will have a Social Security number and it's easy (and often free) to do online. Not only that, but she won't have to pay taxes on income earned out of the US under - I believe - $80,000 USD.

Regardless of the tax situation, which she hasn't asked about, citizenship will alleviate her travel concerns.

Becoming a citizen of the US isn't just about being able to travel freely, it's about her obligations to being a citizen of the country, she didn't ask about citizenship either if you wants to be stickler about a point.

Edited November 3, 2012 by LIFE'SJOURNEY

[Lulu22 0]

Thank you for the replies. I do not wish to stay here for another two years, as the only reason I wanted to be in this country was for my husband. I'd like to leave as soon as I can. Staying for citizenship just for the right to travel freely would feel wrong to me, and I know we would have to stay married for that time, and if we've both moved on from each other, that would be unfair.

So, would I be able to leave the country, and within six months turn in my green card? I haven't looked into doing this, so I'm not sure how to go about it. I am also still in the process of removing conditions. And also, would I be able to visit the US normally?

[LIFE'SJOURNEY 970]

Thank you for the replies. I do not wish to stay here for another two years, as the only reason I wanted to be in this country was for my husband. I'd like to leave as soon as I can. Staying for citizenship just for the right to travel freely would feel wrong to me, and I know we would have to stay married for that time, and if we've both moved on from each other, that would be unfair.

So, would I be able to leave the country, and within six months turn in my green card? I haven't looked into doing this, so I'm not sure how to go about it. I am also still in the process of removing conditions. And also, would I be able to visit the US normally?

Lulu, you can just turn in your green card, in the future when you wish to travel back to the US you should be able to apply for a visitor visa wth no problems. Since there was no indication of your country of citizenship, if the VWP is avavilable you may be able to utilize that option aswell.

Good luck.

[Justine+David 218]

Thank you for the replies. I do not wish to stay here for another two years, as the only reason I wanted to be in this country was for my husband. I'd like to leave as soon as I can. Staying for citizenship just for the right to travel freely would feel wrong to me, and I know we would have to stay married for that time, and if we've both moved on from each other, that would be unfair.

So, would I be able to leave the country, and within six months turn in my green card? I haven't looked into doing this, so I'm not sure how to go about it. I am also still in the process of removing conditions. And also, would I be able to visit the US normally?

You don't need to stay married to your husband in order to get US citizenship. The only difference is that you can get US citizenship at 3 years of permanent residency if you're married. If you're not, it's just 5 years (but the years when you were married count towards the 5 year wait).

If you leave the US for long periods of time consistently, immigration may revoke your GC and it may have implications on any future visas to visit the US. I would think hard on your situation and not make any hasty decisions.

Best of luck.

[Harpa Timsah 13,258]

Why don't you get a reentry permit, so you have 2 years to think about it before you give up the GC permanently?

[Lady Bug 0]

From my knowledge you should turn in your greencard before you move back to your home country in order to avoid getting a ban.

[Penguin_ie 5,996]

** one offensive post removed. If you have no constructive advice to give, do not post ****

[Lulu22 0]

Why don't you get a reentry permit, so you have 2 years to think about it before you give up the GC permanently?

I will be leaving in less than 60 days. The information for the re-entry permit says that if you plan on being away for less than one year, then you can just use your green card. I believe that I would know within a month if my husband and I would want to be together again. Thanks for the suggestion, though, I did not know about the re-entry permit.

The abandonment of green card site also says that "You may be found to have abandoned your permanent resident status if you move to another country intending to live there permanently". But I won't be sure of my own intentions until after I've been back home for a while. I'd definitely be getting a one-way ticket, and I hear that flags you for extra screening. Am I just trying to fool myself with holding onto my green card for a month or so to know what my real intentions are?

[DandT14 272]

I might be missing something here. But if I'm following, you haven't removed conditions yet. I'm pretty sure if you get divorced and leave the country prior to removing conditions you're not going to have a greencard to hang on to. Someone will correct me if I'm wrong, but I think if you divorce you have to follow a different process. And you won't be able to follow it because you'll be out of the country.

[Harpa Timsah 13,258]

A divorced person can file for ROC on their own, and a person can file for ROC from abroad, but they will need to travel to the US for fingerprints and an interview, if available.

It seems to me the OP is undergoing a very stressful experience and her life is changing a lot at the moment. I think it is natural, in this circumstance, to want to keep your options open, and there seems to be some hope that the relationship will turn better. The OP is going home and is definitely, to me, not surfing for a GC. As a LPR, the OP should know her rights and responsibilities.

Yes, a GC is for living in the US. But, there are some options open to delay the decision if you feel like making such a huge decision right now would be rash. If you decide to stay in Germany and give up the GC, there is no ban or penalty. You can turn in your card at the consulate.