I-751 Form - Wife not living in USA

[Sara & Mark 2]

Hello all, I hope I have provided enough information in my recap below for any and all that are willing to assess my situation and provide some answers and guidance.

My wife received her CR-1 Permanent Residency Card shortly after entry into the USA in mid December 2013.

The time is quickly approaching to file the I-751 form to remove the conditions and receive a new Permanent Residency Card.

Our concerns are as follows......

Although my wife has made several trips to the USA since receiving her CR-1 she has yet to move here from Sweden.

We have strong proof of our love, our relationship, and the strength of our marriage through her several trips to the USA, the daily phone calls and emails between us, and available notarized letters from family and friends as proof of our relationship and marriage.

We are concerned that they will not approve her I-751 due to her not yet living in the USA.

Thank you in advance for your thoughts, advice, and guidance, they are greatly appreciated.

[Pitaya 2,577]

~Moved from Fam.-based AOS to ROC Forum~

~Inquiry about ROC-associated processes~

[Penguin_ie 5,993]

Yes, that is a problem; the greencard is for legal permanent residents, and it doesn't sound like she resides in the USA.

In the last two years, how long has she spent inside the USA?

[Sara & Mark 2]

Yes, that is a problem; the greencard is for legal permanent residents, and it doesn't sound like she resides in the USA.

In the last two years, how long has she spent inside the USA?

She has made three (3) trips to the USA since receiving her greencard, six (6) weeks spent in the USA.

[Penguin_ie 5,993]

That is a big problem, you should have delayed getting the visa until she was ready to move. When does she plan on moving permanently to the USA? Ie, can she move in the next couple of months, then remain here, and file close to the deadline in December so she'll have been in the country for 6 months by the time she files?

[is63 7]

I have a similar case but both me and my wife live outside USA.

I submitted all documents showing that we live and share everything even outside (like house, bills, etc.).

If you live apart that is the problem and not the location of your wife.

ROC is about proving you are married.

Can you prove that ?

[waiting_for_aos 11]

I have a similar case but both me and my wife live outside USA.

I submitted all documents showing that we live and share everything even outside (like house, bills, etc.).

If you live apart that is the problem and not the location of your wife.

ROC is about proving you are married.

Can you prove that ?

Your case is different from the OP because you and your wife both reside outside USA. In OP's case, only his wife lives outside the country. It appears she never established residence in the US which a big issue. Even people who have permanent greencard can lose it if they don't live in the US and have no evidence that they even intend to live here. I believe if they leave the US for an extended period of time, greencard can be considered abandoned. Here is what USCIS website says,

You may also lose your permanent resident status by intentionally abandoning it. You may be found to have abandoned your status if you:

• Move to another country, intending to live there permanently.
• Remain outside of the United States for an extended period of time, unless you intended this to be a temporary absence, as shown by:
  • The reason for your trip;
  • How long you intended to be absent from the United States;
  • Any other circumstances of your absence; and
  • Any events that may have prolonged your absence.
  • Note: Obtaining a re-entry permit from USCIS before you leave, or a returning resident visa (SB-1) from a U.S. consulate while abroad, may assist you in showing that you intended only a temporary absence.

Green card is not supposed to be used like a tourist visa, just to enter the country for few weeks and leave. It is given out to live and work permanently in the US. Even in your case, if you have no compelling evidence to show that your stay outside the US is only temporary and you and your wife intend to come back and live in the US permanently, I would be a little concerned.

Edited May 6, 2015 by waiting_for_aos

[JadedGal 0]

Not to jump to any conclusions but if she only spent a total of 6 weeks here divided by 3 trips, it doesn't seem like there was plans for her to live in the US (yet). How come you guys didn't wait to file her immigration papers? If you guys waited for 2 yrs (basically now), she would've received a GC with no conditions right away, valid for 10 yrs and you guys would've been set. Seeing how she's from a country that qualifies for ESTA, she can travel freely to the US without a GC. Hm..

Maybe for now you guys will just have to abandon her GC and do the concurrent filing again once she's ready to move here. By that time you guys will have been married for over 2 yrs and she'll receive a GC without conditions.

[GurkenSalat 48]

Also, wouldn't her residency be considered abandoned by now due to insufficient presence?

[Sara & Mark 2]

Thank you all for your replies, exactly what I expected to hear, but not what I wanted to hear.