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Removal of conditions and acceptance of 10yr GC while not in the US

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Filed: Country: Greece
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Managed to remember my password for this great place.



I am the USC petitioning for my wife and we managed to move together to the United States almost two years ago. As we had a CR-1 Visa, we applied at the end of July for the I-751 removal of conditional residence. We have also had her biometrics test, so we are now playing the waiting game since the beginning of August.



My question is as follows: In a twist, we seem to be a victim of the housing situation in San Francisco and will have to be out of our apartment by the end of September this year. That is fine as we were considering moving anyway, plus I have semi-accepted a good job offer (again in California) - however, that position will only become available in (hopefully) about 6 months time. Our budget in our current situation, does not permit a move and furthermore, for personal/family/medical reasons (a combo of sorts) we want to return back to Europe until the time for the new (more profitable situation) comes into play.


As we won't maintain an address here in the States during that time, we were considering having our 10yr GC sent to a friend's address here (and then possibly sent to us in Europe). Thing is - if we have left the US on a conditional residence (basically the biometrics appointment/extension letter) and providing the GC gets sent from our friend in the US to us in Europe, can we travel back on that GC if it technically never left the country? Can I apply for an extension if we are in a different country? I know the limit for the 10yr GC anyway is 6 months, but our situation is kinda fluid and the dates are awfully close to each other. Keep in mind that we can't/don't want to make an intermediary move for 6 months just to be able receive the GC. Also, I'm aware that we could also get an RFE in that timeframe, which, if not in the US to address, seems like a sticky situation.


Don't know if this is completely clear, but I'm happy to clear anything up that I have not made apparent! I also appreciate any help beforehand! Thank you once again!!



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You can be outside the US for up to a year without needing any special permission as a GC holder.

You can be outside the US as you plan, but I am not sure how it works with GC delivery, etc. Good luck.

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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Also - are there any issues when away from the US for almost a year (with GC and letter of extension) when not maintaining a US address? Or would that only make the N-400 more difficult?

Being outside the US for a period of more than 6 months has an effect on the N-400 application. Please have a look at the guidelines for naturalization and pay particular attention to maintaining your continuous residency in Chapter 3. You may also want to go to the USCIS website and look up maintaining your LPR status as if you loose that you cannot file for naturalization. The whole point of being a LPR is that you RESIDE in the US or at least maintain ties to the US as a RESIDENT.

Dave

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Filed: Country: Greece
Timeline

Sounds good. Thanks for the info! Much appreciated! Wish my situation was different, but I can only do what I can do (and more even), but the housing situation for these 6 months has me entirely stumped. Coupled with needing to be with our families back home for various reasons, it's a no brainer, even with all the trouble we have went through so far. It's a risk worth taking now. Fingers crossed! I hope I don't have to do this all over again, but if that's the case, so be it! Thanks again!

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