Moving with US husband for work

[optinsf 0]

Hi everyone,

So this is my scenario: I have been married to my husband (US citizen) for more than 10 months, and I have already received my green card. He is taking a job in Europe that will last for about 1 year. I read that as long as the travel abroad is less than a year, generally it won't affect your permanent residence status. But I have a few questions:

1) Let's say my husband and I move back to the US within a year, will it affect my ROC (removal of conditions) application?

2) Or, what if my husband's job lasts longer than a year? Could I just come back to US for a short period of time within the next year to show my intention to maintain my US residency?

3) This is highly unlikely, but what if we got divorced in Europe? Could I still come back to the US and apply for ROC?

Thanks everyone!

[Dave&Roza 748]

Hi everyone,

So this is my scenario: I have been married to my husband (US citizen) for more than 10 months, and I have already received my green card. He is taking a job in Europe that will last for about 1 year. I read that as long as the travel abroad is less than a year, generally it won't affect your permanent residence status. But I have a few questions:

1) Let's say my husband and I move back to the US within a year, will it affect my ROC (removal of conditions) application?

2) Or, what if my husband's job lasts longer than a year? Could I just come back to US for a short period of time within the next year to show my intention to maintain my US residency?

3) This is highly unlikely, but what if we got divorced in Europe? Could I still come back to the US and apply for ROC?

Thanks everyone!

There is more to this than just time outside the US. You need to maintain ties to the US by maintaining a residence you will return to after a temporary absence from the US. For travel the USCIS has this to say. For maintaining your LPR status the USCIS says this. ROC is about your husband's and your marriage. Is it a legitimate marriage or was it entered into to avoid the immigration laws of the US? That is the question that has to be answered with your proof. Following your husband to an over-seas job will actually help your case. As long as you can maintain your LPR status, you can file for ROC with or without your husband. Again, all you have to do is answer the question about the former marriage being legitimate or to avoid the immigration laws of the US.

Just remember that trips of more than 6 months tend to be scrutinized by the CBP upon re-enter as do several short trips with long periods outside the US and a brief stay in the US. The CBP has been trained to look for people using the GC as a tourist visa to visit the US and not live in the US.

Good luck,

Dave

Edited January 16, 2014 by Dave&Roza

[optinsf 0]

Thanks!