I-751 denied, now what?

[neoperez 0]

My petition to remove conditions on residence form I-751 was denied because we moved back to Argentina after two wonderful years in the US.

We're planning to stay here but I'd like to retain my residence status, what are our options?

An embassy official told me I could apply for citizenship from overseas, but I thought this was a long process which can only be done while in the US.

Anyone with a similar experience?

[NikLR 13,227]

You left the US to live in another country... Why should you have a green card? This is for living in the USA which you do nt plan to do. At 3 years you could have applied for citizenship if you are still married to your original petitioner AND a LPR. But you abandoned you green card so citizenship is out

[Georgia16 2,858]

Agree with NLR. Your options are visitor visa if you go visit or a IR-1 if you one day want to move back.

[Boiler 45,411]

Move back to the US.

[NikLR 13,227]

~~moved to general immigration, topic is about ROC, moving, and citizenship not the IR1/CR1 progress report~~

Edited February 26, 2016 by NLR

[KierenHby 899]

We're planning to stay here but I'd like to retain my residence status

Those two don't gel..

[JFH 12,189]

How can you live in one country and maintain residence in another? It's not even physically possible (aside from the legality of it).

[akihon 129]

As a US permanent resident, you are required to maintain residence within the USA, maintain assets in the USA, file US taxes etc.etc.

If you live in Argentina, you fulfill none except maybe the taxes one.

In order for you to even be eligible for citizenship, let's say 3 years based on marriage to USC, you have to live in the US for 18 months out of the 3 years. You're not even in the US.

I suggest you move back to the US and set up PERMANENT RESIDENCE there, or forget about it.

Edited February 26, 2016 by akihon

[IcezMan_IcezLady 582]

As a US permanent resident, you are required to maintain residence within the USA, maintain assets in the USA, file US taxes etc.etc.

If you live in Argentina, you fulfill none except maybe the taxes one.

In order for you to even be eligible for citizenship, let's say 3 years based on marriage to USC, you have to live in the US for 18 months out of the 3 years. You're not even in the US.

I suggest you move back to the US and set up PERMANENT RESIDENCE there, or forget about it.

Can OP just move back? Doesn't OP either have to start process again? I suppose the I-751 was applied from around the expiration of GC. Isn't that the case?

[akihon 129]

Can OP just move back? Doesn't OP either have to start process again? I suppose the I-751 was applied from around the expiration of GC. Isn't that the case?

I was speaking mainly from a logistics perspective, not legal/immigration.

Yes, it is very likely that OP will have to start the process all over again, probably with the IR-1.

[KierenHby 899]

Whether OP can move back depends on the airline to board him\her in the first place, and whether or not CBP admits him\her.

[IcezMan_IcezLady 582]

I was speaking mainly from a logistics perspective, not legal/immigration.

Yes, it is very likely that OP will have to start the process all over again, probably with the IR-1.

I just wanted to understand how that worked.. Thanks.

[BirdyGirl85 23]

I see this so often on Visa Journey. If people want to keep their residence status, I don't know why they don't research this before they move out of the country. You can't keep your residence status if you are living outside of the U.S. That is the point of the green card, to be able to live in the U.S.

I would suggest people who want to move out of the U.S. but want to be able to freely come back to the U.S. to visit or live there again, just make sure to live in the U.S. long enough to be able to apply for naturalization, and then don't move out of the country until after you become a U.S. citizen.

My husband is going through naturalization right now. He passed his interview and we are waiting for his oath ceremony letter to come in the mail. We are thinking his oath will be in March. We have no plans in the future to move to Finland, but just in case, we feel like it's a good idea to for him to become a U.S. citizen, in case we decide to be out of the U.S. for long periods of time. Then he can be out of the U.S. for as long as he wants and still is fine to be able to come back to the U.S. Just makes sense. One of the perks of becoming a U.S. citizen.

Edited February 26, 2016 by BirdyGirl85

[Cathi 5,744]

good luck with that

[wilfried 1]

green card is a document that allow you to live permanently in the us. since you relocate into another country, you no more a green card holder. but it is possible for your partner to petition for another green card directly with the embassy if you want to be a us green card holder again. now what was the ground of your denial? in other words did they say you are denied for abandon? if yes, I will advice you to get it change to a voluntary departure. but this is possible if you were already out of the country before your interview date. because if they charge you for abandon you will be bar to enter the us for at least 3 years. do you have your extension letter? if it still valid, you can come back to the usa but at the border be ready to face some hard time but you will be parole in by an immigration judge for removal proceeding. if you don't have a valid extension letter no airline will take the risk to board you. from your post I understand that you really want to become a us citizen. but I really don't think you can be a us citizen when out of the country. may be for family of military personnel and government personnel that can be ok. if you don't belong to any of this group and if your extension letter is still valid , I strongly advise you to travel back to the usa and get your notice to appear in front an immigration judge so you can be able to remove the condition on your green card and apply for your citizenship. I hope this will help.