Leaving the US after receiving the Green Card? Why O Why!

[kalendarium 5]

hi everyone!

after talking to a uscis officer at the field office today - and not getting a proper answer, I just can't shake that feeling that you guys here are much more informed and detailed hihih.

Finally we made it to the last meters of the AOS process (hang in there everyone) and we are beyond/below thrilled. it took a while and now we might move abroad in 3 months for my husband's job (which will be for max. 2 years).

Yes, so after going through the aos, my green card will be issued soon (hopefully) and I asked the hypothetical question, how I prepare for being away with my green card because I fear that it will be seen as an abandonment. We very well might come back, but it might very well only be in a couple of years. Who knows!

The friendly officer told me that I have to start the I-131 process for advance parole, I then showed my EAD card which is a combo card with Advance Parole and then she said, I already have it obv and do not have to do that. It will allow me two stay 2 years or something like that. But she is not sure and I should check my paperwork, I had all the paperwork with me, and she was talking about a stamped official piece of paper, which I never received, that should state how long I am allowed to "stay away"

Anyway I understood that this AP is only while my AOS is being processed.

What do I need to submit? While I am still here? Can I just leave and show my EAD/AP card? I am a little shocked by the lack of knowledge. She certainly did not seem... certain at all. No blam though.

Sorry, my head is all over the place, blowing this after spending 1 k for this short experience is a bit .. not so cool.

Best wishes to all

and THANKS

[Lainie B 465]

You would need to apply for a re-entry permit. Your EAD/AP card will be null and void once your green card is issued.

To apply for a re-entry permit you need to submit form I-131, the same form as you submitted for the AP, hence the confusion.

See the USCIS website for instructions on how to fill out the I-131 for a re-entry permit

http://www.uscis.gov/i-131

http://www.uscis.gov/sites/default/files/USCIS/Resources/B5en.pdf

[JohnR! 5,495]

Here is all you need to know in order to keep your status as a resident: -> http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

Good luck!

[kalendarium 5]

thank you for the reassurance!

as everything is in limbo, would you file for it now or or leave the country and apply for a reentry then?

You would need to apply for a re-entry permit. Your EAD/AP card will be null and void once your green card is issued.

To apply for a re-entry permit you need to submit form I-131, the same form as you submitted for the AP, hence the confusion.

See the USCIS website for instructions on how to fill out the I-131 for a re-entry permit

http://www.uscis.gov/i-131

http://www.uscis.gov/sites/default/files/USCIS/Resources/B5en.pdf

thank you! so it is also key how I present my absence, and there is a vast difference in whether we are gone for a 1 or two years and longer.

thank you!

Here is all you need to know in order to keep your status as a resident: -> http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

Good luck!

[aleful 1,905]

hi

you have to apply before you leave, because you will have to go to do the fingerprints.

the reentry permit is if you are staying abroad for more than 1 year and up to 2 years without abandoning your GC, when you return, your LPR will count only as if you have only been a LPR for a year for citizenship purposes

[KayDeeCee 4,896]

You will also have the issue of needing to file for ROC within 90 days of your conditional green card expiring, if you were married less than 2 years before being approved for the green card. http://www.uscis.gov/i-751

[Ian H. 207]

Hi,

Once your AOS is approved you would need the reentry permit. It would only be valid up to the date of your conditional residence, meaning that it would be valid for less than 2 years in total. You have to be in the US for biometrics, but you can leave as soon as that's done. In the application there is a section to have the permit mailed to the embassy. You must be back in the US to do ROC regardless of when the permit expires.