Removal of Conditional Greencard

[saganna 0]

1. Can we apply for removal of the condition on the green card while she is outside U.S?

2. She is unable to make her residence as U.S due to her family situation. She stays in U.S few months in a year and rest of the time she had to be there in her country to support her daughter and family.

3. She wanted to give back the Green card and get a multiple entry visa to come to U.S to stay with me for those few months. Is it possible to exchange multiple entry visa for green card. She has no desire to work here in the U.S

Any help would be appreciated.

[Gosia & Tito 199]

1. Can we apply for removal of the condition on the green card while she is outside U.S?

2. She is unable to make her residence as U.S due to her family situation. She stays in U.S few months in a year and rest of the time she had to be there in her country to support her daughter and family.

3. She wanted to give back the Green card and get a multiple entry visa to come to U.S to stay with me for those few months. Is it possible to exchange multiple entry visa for green card. She has no desire to work here in the U.S

Any help would be appreciated.

You might want to enter your timeline (when she got GC, when is ROC date, etc; details of daughter and the other family) for best advice.

This might end up requiring an attorney, but until more info is available, can't really tell.

Generally, you would be able to apply for ROC while out of the country, but you have to keep in mind the residency requirements of living in the US (hence resident card), plus biometrics and possible interview.

You can't just "exchange" a GC for a visa. You can return a GC whenever you want, but that means being subject to visa requirements (in applying and if approved, in use) meaning she might not be able to succesfully apply for one and even if she does, eventually if would become a problem because it is for visiting not living. As crazy as it would sound, she might not qualify for a visa under the reason that she is a potential risk as immigrant with you being here; even when she was an immigrant before (having a green card). No desire to work is not going to make any difference.

Have you explore bringing her daughter here? Who is "and family".

Being on the ROC time, it would seem close to a time when citizenship could be applied to, and that could solve a lot of your issues. As I said before, you might need to be careful with residency requirements.

Others will likely add comments.

Edited April 17, 2014 by Gosia & Tito

[Dave&Roza 748]

1. Can we apply for removal of the condition on the green card while she is outside U.S?

2. She is unable to make her residence as U.S due to her family situation. She stays in U.S few months in a year and rest of the time she had to be there in her country to support her daughter and family.

3. She wanted to give back the Green card and get a multiple entry visa to come to U.S to stay with me for those few months. Is it possible to exchange multiple entry visa for green card. She has no desire to work here in the U.S

Any help would be appreciated.

A GC is for a LPR with the key word being RESIDENT. That means she needs to be IN the US more than OUT or she needs to maintain her residency in other ways like having a home she is going to return to, filing US taxes, not claiming to be a resident of another country, etc. She can file for ROC and when the bio appointment is assigned she can come back to the US--yes she needs to do the bio appointment IN the US. She can give up her GC, but then she is like any other person in her country when applying for a tourist visa with a USC husband. She may never be allowed to visit the US again. Given her stays outside the US, I doubt she would qualify for citizenship anytime soon-- she could become a USC after 3 years of marriage to a USC, but there are physical presence requirements that I have a feeling she does not meet.

She needs to determine if she wants to live in the US or her home country. She could take care of her family financially form the US, but that does not sound like the reason she decided to leave the US. My question is why did she and you go thru the whole process to get her a GC only to have her live in India? She needs to decided where she wants to live and realize the consequences of that decision. If she decided to turn in her GC, she can do so and at a later date you can file for a spousal visa if you both so desire.

Good luck,

Dave