ROC in Manila

[pinaypilot 3]

I received my 2yr greencard this year and my husband might be assigned to the Philippines late this year or 1st quarter of next year. Will I have problems processing the removal of conditions in the Philippines? We are keeping our house here in USA and we have all intent to go back. I know the intention of CR1 is to keep families together and me staying here in USA while my husband is in the Philippines, just to maintain my greencard will defeat that purpose.

Did anyone go through with this before? Any thoughts or advice? Enlighten me please.

[belinda63 3,038]

Are you referring to a military or government contract assignment? If so as long as you are on his orders it is as though you were still living in the US.

[Sagot 1,548]

As belinda already noted, military or government assignment are exceptions to the rule. More details in the link at the bottom of this posting.

What if my trip abroad will last longer than 1 year?

If you plan on being absent from the United States for longer than a year, it is advisable to first apply for a reentry permit on Form I-131. Obtaining a reentry permit prior to leaving the United States allows a permanent or conditional permanent resident to apply for admission into the United States during the permit’s validity without the need to obtain a returning resident visa from a U.S. Embassy or Consulate abroad. Please note that it does not guarantee entry into the United States upon your return as you must first be determined to be admissible; however, it will assist you in establishing your intention to permanently reside in the United States. For more information, see the “Travel Documents” page.

If you remain outside of the United States for more than 2 years, any reentry permit granted before your departure from the United States will have expired. In this case, it is advisable to consider applying for a returning resident visa (SB-1) at the nearest U.S. Embassy or Consulate. An SB-1 applicant will be required to establish eligibility for an immigrant visa and will need a medical exam. There is an exception to this process for the spouse or child of either a member of the U.S. Armed Forces or civilian employee of the U.S. Government stationed abroad on official orders. For more information on obtaining a returning resident visa, see the Department of State’s webpage on returning resident visas.

Additionally, absences from the United States of six months or more may disrupt the continuous residency required for naturalization. If your absence is one year or longer and you wish to preserve your continuous residency in the United States for naturalization purposes, you may file an Application to Preserve Residence for Naturalization Purposes on Form N-470. For more information, please see the “Continuous Residence and Physical Presence Requirements” page.

https://www.uscis.gov/green-card/after-green-card-granted/international-travel-permanent-resident

[pinaypilot 3]

Thank you so much. This is very helpful. He's not a government employee so I'll read more about the re-entry permit and SB-1. I'll call USCIS too once we get more details about his assignment dates.

As belinda already noted, military or government assignment are exceptions to the rule. More details in the link at the bottom of this posting.

What if my trip abroad will last longer than 1 year?

If you plan on being absent from the United States for longer than a year, it is advisable to first apply for a reentry permit on Form I-131. Obtaining a reentry permit prior to leaving the United States allows a permanent or conditional permanent resident to apply for admission into the United States during the permit’s validity without the need to obtain a returning resident visa from a U.S. Embassy or Consulate abroad. Please note that it does not guarantee entry into the United States upon your return as you must first be determined to be admissible; however, it will assist you in establishing your intention to permanently reside in the United States. For more information, see the “Travel Documents” page.

If you remain outside of the United States for more than 2 years, any reentry permit granted before your departure from the United States will have expired. In this case, it is advisable to consider applying for a returning resident visa (SB-1) at the nearest U.S. Embassy or Consulate. An SB-1 applicant will be required to establish eligibility for an immigrant visa and will need a medical exam. There is an exception to this process for the spouse or child of either a member of the U.S. Armed Forces or civilian employee of the U.S. Government stationed abroad on official orders. For more information on obtaining a returning resident visa, see the Department of State’s webpage on returning resident visas.

Additionally, absences from the United States of six months or more may disrupt the continuous residency required for naturalization. If your absence is one year or longer and you wish to preserve your continuous residency in the United States for naturalization purposes, you may file an Application to Preserve Residence for Naturalization Purposes on Form N-470. For more information, please see the “Continuous Residence and Physical Presence Requirements” page.

https://www.uscis.gov/green-card/after-green-card-granted/international-travel-permanent-resident

[Greenbaum 12,259]

Why not make a trip back to USA after a year for a "check on the house" trip. Hence you keep your GC intack.