Staying abroad when conditional GC expires

[akravche 1]

Hello all,

 

I am a US citizen and my wife is going through the process of getting her citizenship.  She got her conditional green card on 03/05/2016.  As I understand she'll need to apply for removal of condition in December.

 

She wants to visit her parents abroad and while there she may end up staying for up to 11 months due to a medical condition,  She won't be able to travel back during this time.

So, what are the consequences for her if she does it at two different points in the process.

 

1. Suppose she travels sometimes this summer and gets stuck in the other country.  If she won't be able to get back in her condition removal window from December to March, what can happen?  Can we apply while staying there, e.g. in a consulate?  It's not a problem for me to travel there for that.

2. We won't travel until December, apply for removal of condition as soon as possible, wait till we get NOA for green card extension and then travel.

 

I won't be able to stay with her in the other country for the whole 11 months since I work in US, but I able to travel there frequently and we'll file taxes and she'll be using our joint credit card while there.  

 

What are the consequences of each option?  Can either be the cause of denying her the permanent green card?  Has anyone been in a similar situation?

 

 

  thanks.

   Alex.

[Georgia16 2,858]

You have to remember that she has to get her bio for the ROC.

[Transborderwife 4,666]

1. ROC must be done within the USA 

2. If she stays in her country without a re entry permit, she effectively abandons her permanent residency

3. She likely will not qualify for citizenship being away for so long 

[akravche 1]

On 4/21/2017 at 6:32 PM, Transborderwife said:

1. ROC must be done within the USA 

2. If she stays in her country without a re entry permit, she effectively abandons her permanent residency

3. She likely will not qualify for citizenship being away for so long 

Thank you.  I am curious about one 2.  I thought it has to be for longer than 12 months for the permanent residency to be abandoned.  Is it not correct?

For 3. What was explained to me is that it will reset her waiting time to be qualified for citizenship application.

[akravche 1]

On 4/21/2017 at 6:32 PM, Georgia16 said:

You have to remember that she has to get her bio for the ROC.

Do you want to comment on the rest of the question?

thanks,

[nightingalejules 678]

Either way, if she's likely to be gone for more than 6 mo, she should apply for a re-entry permit. It may not be necessary, but the guidelines state that after 6 mo absence there might be issues, so better safe than sorry.

 

She'd likely be best to wait until later to travel. Although December might still be too early - would it be possible to push it to January? Here's why. As previously stated, ROC has to be filed in the US. Then she waits a couple of weeks to get her NOA1, then a while longer to get her biometrics appointment, which must also be completed at your local USCIS office. After that, she's free to travel until either her extension expires, or until she has to return to the US for an interview, whichever comes first. 

 

This long a trip will likely impact the date at which she can file for citizenship, as there's a limit to the total number of days she can be absent from the US to qualify for the 3 year requirement, but it is what it is, and it won't delay it forever. She may have to wait for the 5 year application, depending on how long she winds up being out of the country.

 

If she is out of the country and misses her window for ROC application, she will most likely be out of status and not permitted to re-enter the US, regardless of the length of time she's been absent. This is a very bad option. So if she goes overseas earlier, she MUST return in time to file her ROC (ie all the papers ready for her signature, she's back in the US, signing them and hitting the courier service no later than the day before the expiration date on her green card.)

Edited April 24, 2017 by nightingalejules
adding info

[akravche 1]

Found another topic that discussed ROC while being abroad:

 

 

[geowrian 22,337]

43 minutes ago, akravche said:

Thank you.  I am curious about one 2.  I thought it has to be for longer than 12 months for the permanent residency to be abandoned.  Is it not correct?

It technically could take only one day to abandon residency. But more realistically, 6 months is when it becomes a concern since you are spending more time out of the country than in it. One year is the maximum time you can be abroad without a re-entry permit or having to obtain another document (like an SB-1, which is very rarely granted).

 

CBP will make the determination of abandonment at POE.

[akravche 1]

An update for this thread:

 

1. Talked to a lawyer who said that I-751 can be filled while abroad, the biometrics can be postponed once.

2. Found an earlier thread that talks about similar scenario:

 

 

Here is the quote from the linked thread:

You can apply for ROC from abroad. You must, however, travel to the US to comply with biometrics and an interview, if you have it. This is spelled out in the Code of Federal Regulations 216.4.

"(4) Physical presence at time of filing. A petition may be filed regardless of whether the alien is physically present in the United States. However, if the alien is outside the United States at the time of filing, he or she must return to the United States, with his or her spouse and dependent children, to comply with the interview requirements contained in the Act. Furthermore, if the documentation submitted in support of the petition includes affidavits of third parties having knowledge of the bona fides of the marital relationship, the petitioner must arrange for the affiants to be present at the interview, at no expense to the government. Once the petition has been properly filed, the alien may travel outside the United States and return if in possession of documentation as set forth in §211.1(b)(1) of this chapter, provided the alien and the petitioning spouse comply with the interview requirements described in §216.4(b). An alien who is not physically present in the United States during the filing period but subsequently applies for admission to the United States shall be processed in accordance with §235.11 of this chapter."

 

 

 

[akravche 1]

Additonal thread that is somewhat related, for my records and maybe useful to others: